| 16 | | - | agencies; amending s. 409.016, F.S.; defining the term 3 |
|---|
| 17 | | - | "management functions"; amending s. 409.987, F.S.; 4 |
|---|
| 18 | | - | authorizing the Department of Children and Families to 5 |
|---|
| 19 | | - | extend contracts with community -based care lead 6 |
|---|
| 20 | | - | agencies under certain circumstances; revising 7 |
|---|
| 21 | | - | requirements for an entity to serve as a lead agency; 8 |
|---|
| 22 | | - | providing duties for board members and board of 9 |
|---|
| 23 | | - | directors of lead agencies; requiring that lead 10 |
|---|
| 24 | | - | agencies ensure that board members participate in 11 |
|---|
| 25 | | - | certain annual training; revising the definition of 12 |
|---|
| 26 | | - | the term "conflict of interest"; defining the term 13 |
|---|
| 27 | | - | "related party"; requiring the lead agency's board of 14 |
|---|
| 28 | | - | directors to disclose any known or potential conflicts 15 |
|---|
| 29 | | - | of interest; prohibiting a lead agency from enterin g 16 |
|---|
| 30 | | - | into a contract or being a party to any transaction 17 |
|---|
| 31 | | - | with related parties if a conflict of interest is not 18 |
|---|
| 32 | | - | properly disclosed; prohibiting a lead agency from 19 |
|---|
| 33 | | - | entering into a contract or being a party to any 20 |
|---|
| 34 | | - | transaction with related parties for officer or 21 |
|---|
| 35 | | - | director level staffing to perform management 22 |
|---|
| 36 | | - | functions; removing obsolete language; authorizing a 23 |
|---|
| 37 | | - | lead agency to enter into certain contracts or be a 24 |
|---|
| 38 | | - | party to certain transactions under certain 25 |
|---|
| 16 | + | agencies; amending s. 409.987, F.S.; revising 3 |
|---|
| 17 | + | requirements for contracts the Department of Children 4 |
|---|
| 18 | + | and Families has with community -based care lead 5 |
|---|
| 19 | + | agencies; revising requirements for an entity to serve 6 |
|---|
| 20 | + | as a lead agency; providing duties for board members 7 |
|---|
| 21 | + | of lead agencies; requiring that lead agencies ensure 8 |
|---|
| 22 | + | that board members participate in certain annual 9 |
|---|
| 23 | + | training; revising the definition of the term 10 |
|---|
| 24 | + | "conflict of interest"; defining the term "related 11 |
|---|
| 25 | + | party"; requiring the lead agency's board of directors 12 |
|---|
| 26 | + | to disclose any known or potential conflicts of 13 |
|---|
| 27 | + | interest; prohibiting a lead agency from entering into 14 |
|---|
| 28 | + | a contract or being a party to a transaction that 15 |
|---|
| 29 | + | creates a conflict of interest; imposing civil 16 |
|---|
| 30 | + | penalties on lead agencies for undisclosed conflicts 17 |
|---|
| 31 | + | of interest; providing applicability; requiring 18 |
|---|
| 32 | + | certain contracts to be reprocured; authorizing the 19 |
|---|
| 33 | + | department to prohibit execution of certain contracts; 20 |
|---|
| 34 | + | amending s. 409.988, F.S.; revising lead agency 21 |
|---|
| 35 | + | duties; creating s. 409.9913, F.S.; providing 22 |
|---|
| 36 | + | definitions; requiring the department, in 23 |
|---|
| 37 | + | collaboration with lead agencies and providers of 24 |
|---|
| 38 | + | child welfare services, to develop a funding 25 |
|---|
| 51 | | - | circumstances; requiring department contracts with 26 |
|---|
| 52 | | - | lead agencies to include certain contractual penalty 27 |
|---|
| 53 | | - | provisions; specifying the contractual penalties; 28 |
|---|
| 54 | | - | providing applicability; requiring certain contracts 29 |
|---|
| 55 | | - | to be reprocured; requiring the department to recoup 30 |
|---|
| 56 | | - | lead agency expenses for the execution of certain 31 |
|---|
| 57 | | - | contracts; amending s. 409.988, F.S.; revising lead 32 |
|---|
| 58 | | - | agency duties and authority; repealing s. 409.991, 33 |
|---|
| 59 | | - | F.S., relating to allocation of funds for community -34 |
|---|
| 60 | | - | based care lead agencies; creating s. 409.9913, F.S.; 35 |
|---|
| 61 | | - | providing definitions; requiring the department, in 36 |
|---|
| 62 | | - | collaboration with the lead agencies and providers of 37 |
|---|
| 63 | | - | child welfare services, to develop a specific funding 38 |
|---|
| 64 | | - | methodology for the allocation of core services which 39 |
|---|
| 65 | | - | meets certain criteria; requiring the lead agencies 40 |
|---|
| 66 | | - | and providers of child welfare services to s ubmit to 41 |
|---|
| 67 | | - | the department certain financial information for the 42 |
|---|
| 68 | | - | development of the funding methodology; requiring the 43 |
|---|
| 69 | | - | department to submit to the Governor and the 44 |
|---|
| 70 | | - | Legislature certain reports by the established 45 |
|---|
| 71 | | - | deadlines; subjecting the allocation of core ser vices 46 |
|---|
| 72 | | - | to the requirements of ch. 216, F.S.; authorizing the 47 |
|---|
| 73 | | - | department to include certain rates and total 48 |
|---|
| 74 | | - | allocations in certain reports; requiring the 49 |
|---|
| 75 | | - | Legislature to allocate funding to the lead agencies 50 |
|---|
| 51 | + | methodology for allocating certain funding to lead 26 |
|---|
| 52 | + | agencies; providing requiremen ts for the methodology; 27 |
|---|
| 53 | + | requiring lead agencies and providers to submit 28 |
|---|
| 54 | + | certain data to the department for a specified 29 |
|---|
| 55 | + | purpose; providing reporting requirements; providing 30 |
|---|
| 56 | + | construction; providing duties for the Legislature 31 |
|---|
| 57 | + | relating to funding for lead agen cies; prohibiting the 32 |
|---|
| 58 | + | department from changing allocations of funds to lead 33 |
|---|
| 59 | + | agencies without legislative approval; authorizing the 34 |
|---|
| 60 | + | department to approve certain risk pool funding for 35 |
|---|
| 61 | + | lead agencies; amending s. 409.992, F.S.; revising 36 |
|---|
| 62 | + | requirements for lead agency practices in the 37 |
|---|
| 63 | + | procurement of commodities and contractual services; 38 |
|---|
| 64 | + | requiring the department to impose certain penalties 39 |
|---|
| 65 | + | for a lead agency's noncompliance with applicable 40 |
|---|
| 66 | + | procurement law; requiring lead agencies to comply 41 |
|---|
| 67 | + | with established purchasi ng practices for the 42 |
|---|
| 68 | + | procurement of real property and professional 43 |
|---|
| 69 | + | services; requiring the department to retain all 44 |
|---|
| 70 | + | rights to and ownership of real property procured upon 45 |
|---|
| 71 | + | termination of contracts; requiring certain funds to 46 |
|---|
| 72 | + | be returned to the department; p roviding applicability 47 |
|---|
| 73 | + | of certain limitations on the salaries of community -48 |
|---|
| 74 | + | based care lead agency administrative employees; 49 |
|---|
| 75 | + | amending s. 409.994, F.S.; revising the conditions 50 |
|---|
| 88 | | - | with due consideration of the funding methodology, 51 |
|---|
| 89 | | - | beginning with the 2025 -2026 fiscal year; prohibiting 52 |
|---|
| 90 | | - | the department from changing a lead agency's 53 |
|---|
| 91 | | - | allocation of funds provided in the General 54 |
|---|
| 92 | | - | Appropriations Act without legislative approval; 55 |
|---|
| 93 | | - | authorizing the department to approve certain risk 56 |
|---|
| 94 | | - | pool funding for a lead agency; requiring the 57 |
|---|
| 95 | | - | department to submit to the Governor and the 58 |
|---|
| 96 | | - | Legislature certain reports by the established 59 |
|---|
| 97 | | - | deadlines; amending s. 409.992, F.S.; revising 60 |
|---|
| 98 | | - | requirements for lead agency practices in the 61 |
|---|
| 99 | | - | procurement of commodities and contrac tual services; 62 |
|---|
| 100 | | - | requiring the department to impose certain penalties 63 |
|---|
| 101 | | - | for a lead agency's noncompliance with applicable 64 |
|---|
| 102 | | - | procurement law; requiring a contract between the 65 |
|---|
| 103 | | - | department and a lead agency to specify the rights and 66 |
|---|
| 104 | | - | obligations to real property held by the lead agency 67 |
|---|
| 105 | | - | during the term of the contract; providing 68 |
|---|
| 106 | | - | applicability; providing applicability of certain 69 |
|---|
| 107 | | - | limitations on the salaries of community -based care 70 |
|---|
| 108 | | - | lead agency administrative employees; amending s. 71 |
|---|
| 109 | | - | 409.994, F.S.; revising the conditions un der which the 72 |
|---|
| 110 | | - | department may petition a court for the appointment of 73 |
|---|
| 111 | | - | a receiver for a community -based care lead agency; 74 |
|---|
| 112 | | - | amending s. 409.996, F.S.; revising requirements for 75 |
|---|
| 88 | + | under which the department may petition a court for 51 |
|---|
| 89 | + | the appointment of a receiver for a community-based 52 |
|---|
| 90 | + | care lead agency; amending s. 409.996, F.S.; revising 53 |
|---|
| 91 | + | requirements for contracts between the department and 54 |
|---|
| 92 | + | lead agencies; revising the actions the department may 55 |
|---|
| 93 | + | take under certain circumstances; making a technical 56 |
|---|
| 94 | + | change; providing duties of the department; providing 57 |
|---|
| 95 | + | reporting requirements; providing an effective date. 58 |
|---|
| 96 | + | 59 |
|---|
| 97 | + | Be It Enacted by the Legislature of the State of Florida: 60 |
|---|
| 98 | + | 61 |
|---|
| 99 | + | Section 1. Subsections (3) and (4) and paragraphs (a) and 62 |
|---|
| 100 | + | (b) of subsection (7) of section 409.9 87, Florida Statutes, are 63 |
|---|
| 101 | + | amended, and paragraph (g) is added to subsection (7) of that 64 |
|---|
| 102 | + | section, to read: 65 |
|---|
| 103 | + | 409.987 Lead agency procurement; boards; conflicts of 66 |
|---|
| 104 | + | interest.— 67 |
|---|
| 105 | + | (3) Notwithstanding s. 287.057, the department shall use 68 |
|---|
| 106 | + | 5-year contracts with le ad agencies. The 5-year contract must be 69 |
|---|
| 107 | + | reprocured at the end of each 5 -year contract term. The contract 70 |
|---|
| 108 | + | may be extended at the discretion of the department for up to 1 71 |
|---|
| 109 | + | year, based on department needs. 72 |
|---|
| 110 | + | (4) In order to serve as a lead agency, an entity m ust: 73 |
|---|
| 111 | + | (a) Be organized as a Florida corporation or a 74 |
|---|
| 112 | + | governmental entity. 75 |
|---|
| 125 | | - | contracts between the department and lead agencies; 76 |
|---|
| 126 | | - | making a technical change; prov iding duties of the 77 |
|---|
| 127 | | - | department; providing reporting requirements; 78 |
|---|
| 128 | | - | requiring the department to convene a working group to 79 |
|---|
| 129 | | - | submit a certain report to the Governor and the 80 |
|---|
| 130 | | - | Legislature by a certain date; providing membership 81 |
|---|
| 131 | | - | and termination of the working grou p; providing an 82 |
|---|
| 132 | | - | effective date. 83 |
|---|
| 133 | | - | 84 |
|---|
| 134 | | - | Be It Enacted by the Legislature of the State of Florida: 85 |
|---|
| 135 | | - | 86 |
|---|
| 136 | | - | Section 1. Subsections (3) and (4) of section 409.016, 87 |
|---|
| 137 | | - | Florida Statutes, are renumbered as subsections (4) and (5), 88 |
|---|
| 138 | | - | respectively, and a new subsection (3) i s added to that section, 89 |
|---|
| 139 | | - | to read: 90 |
|---|
| 140 | | - | 409.016 Definitions. —As used in this chapter: 91 |
|---|
| 141 | | - | (3) "Management functions" means: 92 |
|---|
| 142 | | - | (a) Planning, directing, organizing, coordinating, and 93 |
|---|
| 143 | | - | carrying out oversight duties of the lead agency; or 94 |
|---|
| 144 | | - | (b) Contracting for office r or director level staffing in 95 |
|---|
| 145 | | - | performance of the planning, directing, organizing, 96 |
|---|
| 146 | | - | coordinating, and carrying out oversight duties of the lead 97 |
|---|
| 147 | | - | agency. 98 |
|---|
| 148 | | - | Section 2. Subsections (3) and (4) and paragraphs (a) and 99 |
|---|
| 149 | | - | (b) of subsection (7) of section 409.987, Florida Statutes, are 100 |
|---|
| 125 | + | (b) Be governed by a board of directors or a board 76 |
|---|
| 126 | + | committee composed of board members. Board members shall provide 77 |
|---|
| 127 | + | oversight and ensure accountability and transparency for the 78 |
|---|
| 128 | + | system of care. The board of directors shall provide fiduciary 79 |
|---|
| 129 | + | oversight to prevent conflicts of interest, promote 80 |
|---|
| 130 | + | accountability and transparency, and protect state and federal 81 |
|---|
| 131 | + | funding from misuse. The board of directors shall act in 82 |
|---|
| 132 | + | accordance with s. 617. 0830. The membership of the board of 83 |
|---|
| 133 | + | directors or board committee must be described in the bylaws or 84 |
|---|
| 134 | + | articles of incorporation of each lead agency, which must 85 |
|---|
| 135 | + | provide that at least 75 percent of the membership of the board 86 |
|---|
| 136 | + | of directors or board committee m ust be composed consist of 87 |
|---|
| 137 | + | persons residing in this state, and at least 51 percent of the 88 |
|---|
| 138 | + | state residents on the board of directors must reside within the 89 |
|---|
| 139 | + | service area of the lead agency. The lead agency shall ensure 90 |
|---|
| 140 | + | that board members participate in annua l training related to 91 |
|---|
| 141 | + | their responsibilities. However, for procurements of lead agency 92 |
|---|
| 142 | + | contracts initiated on or after July 1, 2014: 93 |
|---|
| 143 | + | 1. At least 75 percent of the membership of the board of 94 |
|---|
| 144 | + | directors must be composed consist of persons residing in this 95 |
|---|
| 145 | + | state, and at least 51 percent of the membership of the board of 96 |
|---|
| 146 | + | directors must be composed consist of persons residing within 97 |
|---|
| 147 | + | the service area of the lead agency. If a board committee 98 |
|---|
| 148 | + | governs the lead agency, 100 percent of its membership must be 99 |
|---|
| 149 | + | composed consist of persons residing within the service area of 100 |
|---|
| 162 | | - | amended, and paragraph (g) is added to subsection (7) of that 101 |
|---|
| 163 | | - | section, to read: 102 |
|---|
| 164 | | - | 409.987 Lead agency procurement; boards; conflicts of 103 |
|---|
| 165 | | - | interest.— 104 |
|---|
| 166 | | - | (3) Notwithstanding s. 287.057, the department shall use 105 |
|---|
| 167 | | - | 5-year contracts with lead a gencies. The department may extend a 106 |
|---|
| 168 | | - | contract for 1 to 5 years, in accordance with s. 287.057, only 107 |
|---|
| 169 | | - | if a lead agency has met performance expectations within the 108 |
|---|
| 170 | | - | monitoring evaluation. 109 |
|---|
| 171 | | - | (4) In order to serve as a lead agency, an entity must: 110 |
|---|
| 172 | | - | (a) Be organized as a Florida corporation or a 111 |
|---|
| 173 | | - | governmental entity. 112 |
|---|
| 174 | | - | (b) Be governed by a board of directors or a board 113 |
|---|
| 175 | | - | committee composed of board members. The board of directors or 114 |
|---|
| 176 | | - | board committee shall provide oversight and ensure 115 |
|---|
| 177 | | - | accountability and transparency f or the system of care. The 116 |
|---|
| 178 | | - | board of directors or board committee shall provide fiduciary 117 |
|---|
| 179 | | - | oversight to prevent conflicts of interest, promote 118 |
|---|
| 180 | | - | accountability and transparency, and protect state and federal 119 |
|---|
| 181 | | - | funding from misuse. The board of directors shall ac t in 120 |
|---|
| 182 | | - | accordance with s. 617.0830. The membership of the board of 121 |
|---|
| 183 | | - | directors or board committee must be described in the bylaws or 122 |
|---|
| 184 | | - | articles of incorporation of each lead agency, which must 123 |
|---|
| 185 | | - | provide that at least 75 percent of the membership of the board 124 |
|---|
| 186 | | - | of directors or board committee must be composed consist of 125 |
|---|
| 162 | + | the lead agency. 101 |
|---|
| 163 | + | 2. The powers of the board of directors or board committee 102 |
|---|
| 164 | + | include, but are not limited to, approving the lead agency's 103 |
|---|
| 165 | + | budget and setting the lead agency's operational policy and 104 |
|---|
| 166 | + | procedures. A board of directors must additionally have the 105 |
|---|
| 167 | + | power to hire the lead agency's executive director, unless a 106 |
|---|
| 168 | + | board committee governs the lead agency, in which case the board 107 |
|---|
| 169 | + | committee must have the power to confirm the selection of the 108 |
|---|
| 170 | + | lead agency's executive director. 109 |
|---|
| 171 | + | (c) Demonstrate financial responsibility through an 110 |
|---|
| 172 | + | organized plan for regular fiscal audits and the posting of a 111 |
|---|
| 173 | + | performance bond. 112 |
|---|
| 174 | + | (7)(a) As used in this subsection, the term: 113 |
|---|
| 175 | + | 1. "Activity" includes, but is not limited to, a contract 114 |
|---|
| 176 | + | for goods and services, a contract for the purchase of any real 115 |
|---|
| 177 | + | or tangible property, or an agreement to engage with a lead 116 |
|---|
| 178 | + | agency for the benefit of a third party in exchange for an 117 |
|---|
| 179 | + | interest in real or tangible property, a monetary benefit, or an 118 |
|---|
| 180 | + | in-kind contribution. 119 |
|---|
| 181 | + | 2. "Conflict of interest" means when a board member , 120 |
|---|
| 182 | + | director, or an officer, or a relative of a board member , 121 |
|---|
| 183 | + | director, or an officer, of a lead agency does any of the 122 |
|---|
| 184 | + | following: 123 |
|---|
| 185 | + | a. Enters into a contract or other transaction for goods 124 |
|---|
| 186 | + | or services with the lead agency. 125 |
|---|
| 199 | | - | persons residing in this state, and at least 51 percent of the 126 |
|---|
| 200 | | - | state residents on the board of directors must reside within the 127 |
|---|
| 201 | | - | service area of the lead agency. The lead agency shall ensure 128 |
|---|
| 202 | | - | that its board members, directors, and officers participate in 129 |
|---|
| 203 | | - | annual training related to their responsibilities. The 130 |
|---|
| 204 | | - | department shall set forth minimum training criteria in the 131 |
|---|
| 205 | | - | contracts with the lead agencies. However, for procurements of 132 |
|---|
| 206 | | - | lead agency contracts init iated on or after July 1, 2014: 133 |
|---|
| 207 | | - | 1. At least 75 percent of the membership of the board of 134 |
|---|
| 208 | | - | directors must be composed consist of persons residing in this 135 |
|---|
| 209 | | - | state, and at least 51 percent of the membership of the board of 136 |
|---|
| 210 | | - | directors must be composed consist of persons residing within 137 |
|---|
| 211 | | - | the service area of the lead agency. If a board committee 138 |
|---|
| 212 | | - | governs the lead agency, 100 percent of its membership must be 139 |
|---|
| 213 | | - | composed consist of persons residing within the service area of 140 |
|---|
| 214 | | - | the lead agency. 141 |
|---|
| 215 | | - | 2. The powers of the board of directors or board committee 142 |
|---|
| 216 | | - | include, but are not limited to, approving the lead agency's 143 |
|---|
| 217 | | - | budget and setting the lead agency's operational policy and 144 |
|---|
| 218 | | - | procedures. A board of directors must additionally have the 145 |
|---|
| 219 | | - | power to hire the lead agency's executive d irector, unless a 146 |
|---|
| 220 | | - | board committee governs the lead agency, in which case the board 147 |
|---|
| 221 | | - | committee must have the power to confirm the selection of the 148 |
|---|
| 222 | | - | lead agency's executive director. 149 |
|---|
| 223 | | - | (c) Demonstrate financial responsibility through an 150 |
|---|
| 199 | + | b. Holds a direct or indirect interest in a corporation, 126 |
|---|
| 200 | + | limited liability corporation, partnership, limited liability 127 |
|---|
| 201 | + | partnership, or other business entity that conducts business 128 |
|---|
| 202 | + | with the lead agency or propos es to enter into a contract or 129 |
|---|
| 203 | + | other transaction with the lead agency. For purposes of this 130 |
|---|
| 204 | + | paragraph, the term "indirect interest" has the same meaning as 131 |
|---|
| 205 | + | in s. 112.312. 132 |
|---|
| 206 | + | c. Knowingly obtains a direct or indirect personal, 133 |
|---|
| 207 | + | financial, professional, or oth er benefit as a result of the 134 |
|---|
| 208 | + | relationship of such board member , director, or officer, or 135 |
|---|
| 209 | + | relative of the board member , director, or officer, with the 136 |
|---|
| 210 | + | lead agency. For purposes of this paragraph, the term "benefit" 137 |
|---|
| 211 | + | does not include per diem and travel expe nses paid or reimbursed 138 |
|---|
| 212 | + | to board members or officers of the lead agency in connection 139 |
|---|
| 213 | + | with their service on the board. 140 |
|---|
| 214 | + | 3. "Related party" means any entity of which a director or 141 |
|---|
| 215 | + | an officer of the entity is also directly or indirectly related 142 |
|---|
| 216 | + | to, or has a direct or indirect financial or other material 143 |
|---|
| 217 | + | interest in, the lead agency. The term also includes any 144 |
|---|
| 218 | + | subsidiary, parent entity, associate firm, or joint venture, or 145 |
|---|
| 219 | + | any entity that is controlled, influenced, or managed by another 146 |
|---|
| 220 | + | entity or an individua l related to such entity, including an 147 |
|---|
| 221 | + | individual who is, or was within the immediately preceding 3 148 |
|---|
| 222 | + | years, an executive officer or a board member of the entity. 149 |
|---|
| 223 | + | 4.3. "Relative" means a relative within the third degree 150 |
|---|
| 236 | | - | organized plan for regular fiscal audits and the posting of a 151 |
|---|
| 237 | | - | performance bond. 152 |
|---|
| 238 | | - | (7)(a) As used in this subsection, the term: 153 |
|---|
| 239 | | - | 1. "Activity" includes, but is not limited to, a contract 154 |
|---|
| 240 | | - | for goods and services, a contract for the purchase of any real 155 |
|---|
| 241 | | - | or tangible property, or an agreement to engage with a lead 156 |
|---|
| 242 | | - | agency for the benefit of a third party in exchange for an 157 |
|---|
| 243 | | - | interest in real or tangible property, a monetary benefit, or an 158 |
|---|
| 244 | | - | in-kind contribution. 159 |
|---|
| 245 | | - | 2. "Conflict of interest" means when a board member , 160 |
|---|
| 246 | | - | director, or an officer, or a relative of a board member , 161 |
|---|
| 247 | | - | director, or an officer, of a lead agency does any of the 162 |
|---|
| 248 | | - | following: 163 |
|---|
| 249 | | - | a. Enters into a contract or other transaction for goods 164 |
|---|
| 250 | | - | or services with the lead agency. 165 |
|---|
| 251 | | - | b. Holds a direct or indirect interest in a corporati on, 166 |
|---|
| 252 | | - | limited liability corporation, partnership, limited liability 167 |
|---|
| 253 | | - | partnership, or other business entity that conducts business 168 |
|---|
| 254 | | - | with the lead agency or proposes to enter into a contract or 169 |
|---|
| 255 | | - | other transaction with the lead agency. For purposes of this 170 |
|---|
| 256 | | - | paragraph, the term "indirect interest" has the same meaning as 171 |
|---|
| 257 | | - | in s. 112.312. 172 |
|---|
| 258 | | - | c. Knowingly obtains a direct or indirect personal, 173 |
|---|
| 259 | | - | financial, professional, or other benefit as a result of the 174 |
|---|
| 260 | | - | relationship of such board member , director, or officer, or 175 |
|---|
| 236 | + | of consanguinity by blood or marriag e. 151 |
|---|
| 237 | + | (b)1. For any activity that is presented to the board of a 152 |
|---|
| 238 | + | lead agency for its initial consideration and approval after 153 |
|---|
| 239 | + | July 1, 2021, or any activity that involves a contract that is 154 |
|---|
| 240 | + | being considered for renewal on or after July 1, 2021, but 155 |
|---|
| 241 | + | before January 1, 2022, a board member, a director, or an 156 |
|---|
| 242 | + | officer of a lead agency shall disclose to the board any 157 |
|---|
| 243 | + | activity that may reasonably be construed to be a conflict of 158 |
|---|
| 244 | + | interest before such activity is initially considered and 159 |
|---|
| 245 | + | approved or a contract is rene wed by the board. A rebuttable 160 |
|---|
| 246 | + | presumption of a conflict of interest exists if the activity was 161 |
|---|
| 247 | + | acted on by the board without prior notice as required under 162 |
|---|
| 248 | + | paragraph (c). The board shall disclose any known actual or 163 |
|---|
| 249 | + | potential conflicts to the department. 164 |
|---|
| 250 | + | 2. A lead agency may not enter into a contract or be a 165 |
|---|
| 251 | + | party to any transaction that creates a conflict of interest, 166 |
|---|
| 252 | + | including with related parties for the provision of management 167 |
|---|
| 253 | + | or administrative services or oversight For contracts with a 168 |
|---|
| 254 | + | lead agency which are in existence on July 1, 2021, and are not 169 |
|---|
| 255 | + | subject to renewal before January 1, 2022, a board member or an 170 |
|---|
| 256 | + | officer of the lead agency shall disclose to the board any 171 |
|---|
| 257 | + | activity that may reasonably be construed to be a conflict of 172 |
|---|
| 258 | + | interest under this section by December 31, 2021 . 173 |
|---|
| 259 | + | (g)1. Civil penalties in the amount of $5,000 per 174 |
|---|
| 260 | + | occurrence shall be imposed for each known and potential 175 |
|---|
| 273 | | - | relative of the board member, director, or officer, with the 176 |
|---|
| 274 | | - | lead agency. For purposes of this paragraph, the term "benefit" 177 |
|---|
| 275 | | - | does not include per diem and travel expenses paid or reimbursed 178 |
|---|
| 276 | | - | to board members, directors, or officers of the lead agency in 179 |
|---|
| 277 | | - | connection with their service on the board. 180 |
|---|
| 278 | | - | 3. "Related party" means any entity of which a director or 181 |
|---|
| 279 | | - | an officer of the entity is also directly or indirectly related 182 |
|---|
| 280 | | - | to, or has a direct or indirect financial or other material 183 |
|---|
| 281 | | - | interest in, the lead agency. The term also includes any 184 |
|---|
| 282 | | - | subsidiary firm or joint venture. 185 |
|---|
| 283 | | - | 4.3. "Relative" means a relative within the third degree 186 |
|---|
| 284 | | - | of consanguinity by blood or marriage. 187 |
|---|
| 285 | | - | (b)1. For any activity that is presented to the board of a 188 |
|---|
| 286 | | - | lead agency for its initial consideration and approval after 189 |
|---|
| 287 | | - | July 1, 2021, or any activity that involves a contract that is 190 |
|---|
| 288 | | - | being considered for renewal on or after July 1, 2021, but 191 |
|---|
| 289 | | - | before January 1, 2022 , a board member, a director, or an 192 |
|---|
| 290 | | - | officer of a lead agency shall disclose to the board any 193 |
|---|
| 291 | | - | activity that may reasonably be construed to be a conflict of 194 |
|---|
| 292 | | - | interest before such activity is initially considered and 195 |
|---|
| 293 | | - | approved or a contract is renewed by the board. A rebuttable 196 |
|---|
| 294 | | - | presumption of a conflict of interest exists if the activity was 197 |
|---|
| 295 | | - | acted on by the board without prior notice as required under 198 |
|---|
| 296 | | - | paragraph (c). The board shall disclose any known actual or 199 |
|---|
| 297 | | - | potential conflicts to the department. 200 |
|---|
| 273 | + | conflict of interest, as described in paragraph (b), which is 176 |
|---|
| 274 | + | not disclosed to the department. Civil penalties shall be paid 177 |
|---|
| 275 | + | by the board and not from any state or federal funds. 178 |
|---|
| 276 | + | 2. If a contract is executed for which a conflict of 179 |
|---|
| 277 | + | interest was not disclosed to the department before execution of 180 |
|---|
| 278 | + | the contract, the following penalties apply: 181 |
|---|
| 279 | + | a. A civil penalty in the a mount of $50,000 for a first 182 |
|---|
| 280 | + | offense. 183 |
|---|
| 281 | + | b. A civil penalty in the amount of $100,000 for a second 184 |
|---|
| 282 | + | or subsequent offense. 185 |
|---|
| 283 | + | 3. The civil penalties for failure to disclose a conflict 186 |
|---|
| 284 | + | of interest under subparagraphs 1. and 2. apply to any contract 187 |
|---|
| 285 | + | entered into, regardless of the method of procurement, 188 |
|---|
| 286 | + | including, but not limited to, formal procurement, single -source 189 |
|---|
| 287 | + | contracts, and contracts that do not meet the minimum threshold 190 |
|---|
| 288 | + | for formal procurement. 191 |
|---|
| 289 | + | 4. A contract procured for which a conflict of interest 192 |
|---|
| 290 | + | was not disclosed to the department before execution of the 193 |
|---|
| 291 | + | contract shall be reprocured. 194 |
|---|
| 292 | + | 5. The department may, at its sole discretion, prohibit 195 |
|---|
| 293 | + | execution of a contract for which a conflict of interest exists, 196 |
|---|
| 294 | + | or will exist after execution. 197 |
|---|
| 295 | + | Section 2. Paragraphs (c), (j), and (k) of subsection (1) 198 |
|---|
| 296 | + | of section 409.988, Florida Statutes, are amended to read: 199 |
|---|
| 297 | + | 409.988 Community-based care lead agency duties; general 200 |
|---|
| 310 | | - | 2. A lead agency may not enter into a contract or be a 201 |
|---|
| 311 | | - | party to any transaction with related parties if a c onflict of 202 |
|---|
| 312 | | - | interest is not properly disclosed. A lead agency may not enter 203 |
|---|
| 313 | | - | into a contract with a related party for officer or director 204 |
|---|
| 314 | | - | level staffing to perform management functions. The contract 205 |
|---|
| 315 | | - | with the department and lead agency must specify the 206 |
|---|
| 316 | | - | administrative functions and services that the lead agency will 207 |
|---|
| 317 | | - | subcontract For contracts with a lead agency which are in 208 |
|---|
| 318 | | - | existence on July 1, 2021, and are not subject to renewal before 209 |
|---|
| 319 | | - | January 1, 2022, a board member or an officer of the lead agency 210 |
|---|
| 320 | | - | shall disclose to the board any activity that may reasonably be 211 |
|---|
| 321 | | - | construed to be a conflict of interest under this section by 212 |
|---|
| 322 | | - | December 31, 2021. 213 |
|---|
| 323 | | - | 3. Subject to the requirements of subparagraph 2., a lead 214 |
|---|
| 324 | | - | agency may enter into a contract or be a party to any 215 |
|---|
| 325 | | - | transaction with related parties as long as the fee, rate, or 216 |
|---|
| 326 | | - | price paid by the lead agency for the commodities or services 217 |
|---|
| 327 | | - | being procured does not exceed the fair market value for such 218 |
|---|
| 328 | | - | commodities or services. The lead agency shall disclose any 219 |
|---|
| 329 | | - | known actual or potential conflicts to the department. 220 |
|---|
| 330 | | - | (g) All department contracts with lead agencies must 221 |
|---|
| 331 | | - | contain the following contractual penalty provisions: 222 |
|---|
| 332 | | - | 1. Penalties in the amount of $5,000 per occurrence shall 223 |
|---|
| 333 | | - | be imposed for each known and potential conflict o f interest, as 224 |
|---|
| 334 | | - | described in paragraph (b), which is not disclosed to the 225 |
|---|
| 310 | + | provisions.— 201 |
|---|
| 311 | + | (1) DUTIES.—A lead agency: 202 |
|---|
| 312 | + | (c) Shall follow the financial guidelines dev eloped by the 203 |
|---|
| 313 | + | department and shall comply with regular, independent auditing 204 |
|---|
| 314 | + | of its financial activities, including any requests for records 205 |
|---|
| 315 | + | associated with such financial audits within the timeframe 206 |
|---|
| 316 | + | established by the department or its contracted vendors provide 207 |
|---|
| 317 | + | for a regular independent auditing of its financial activities . 208 |
|---|
| 318 | + | The results of the financial audit must Such financial 209 |
|---|
| 319 | + | information shall be provided to the community alliance 210 |
|---|
| 320 | + | established under s. 20.19(5). 211 |
|---|
| 321 | + | (j) May subcontract for the provision of services, 212 |
|---|
| 322 | + | excluding management and oversight functions, required by the 213 |
|---|
| 323 | + | contract with the lead agency and the department; however, the 214 |
|---|
| 324 | + | subcontracts must specify how the provider will contribute to 215 |
|---|
| 325 | + | the lead agency meeting the performance standards establis hed 216 |
|---|
| 326 | + | pursuant to the child welfare results -oriented accountability 217 |
|---|
| 327 | + | system required by s. 409.997. The lead agency shall directly 218 |
|---|
| 328 | + | provide no more than 35 percent of all child welfare services 219 |
|---|
| 329 | + | provided unless it can demonstrate a need , within the lead 220 |
|---|
| 330 | + | agency's geographic service area where there is a lack of 221 |
|---|
| 331 | + | qualified providers available to perform the necessary services. 222 |
|---|
| 332 | + | The approval period to exceed the threshold shall be limited to 223 |
|---|
| 333 | + | 2 years. If a lead agency wishes to continue its exemption from 224 |
|---|
| 334 | + | the services threshold, it must submit a new request with 225 |
|---|
| 347 | | - | department. 226 |
|---|
| 348 | | - | 2. If a contract is executed for which a conflict of 227 |
|---|
| 349 | | - | interest was not disclosed to the department before execution of 228 |
|---|
| 350 | | - | the contract, the following penalties apply: 229 |
|---|
| 351 | | - | a. A penalty in the amount of $10,000 for a first offense. 230 |
|---|
| 352 | | - | b. A penalty in the amount of $15,000 for a second or 231 |
|---|
| 353 | | - | subsequent offense. 232 |
|---|
| 354 | | - | 3. The penalties for failure to disclose a conflict of 233 |
|---|
| 355 | | - | interest under subparagraphs 1. and 2. apply to any contract 234 |
|---|
| 356 | | - | entered into, regardless of the method of procurement, 235 |
|---|
| 357 | | - | including, but not limited to, formal procurement, single -source 236 |
|---|
| 358 | | - | contracts, and contracts that do not meet the minimum threshold 237 |
|---|
| 359 | | - | for formal procurement. 238 |
|---|
| 360 | | - | 4. A contract procured for which a conflict of intere st 239 |
|---|
| 361 | | - | was not disclosed to the department before execution of the 240 |
|---|
| 362 | | - | contract shall be reprocured. The department shall recoup from 241 |
|---|
| 363 | | - | the lead agency expenses related to a contract that was executed 242 |
|---|
| 364 | | - | without disclosure of a conflict of interest. 243 |
|---|
| 365 | | - | Section 3. Paragraphs (c), (j), and (k) of subsection (1) 244 |
|---|
| 366 | | - | of section 409.988, Florida Statutes, are amended to read: 245 |
|---|
| 367 | | - | 409.988 Community-based care lead agency duties; general 246 |
|---|
| 368 | | - | provisions.— 247 |
|---|
| 369 | | - | (1) DUTIES.—A lead agency: 248 |
|---|
| 370 | | - | (c) Shall follow the financial guidelines developed by the 249 |
|---|
| 371 | | - | department and shall comply with regular, independent auditing 250 |
|---|
| 347 | + | updated evidence to the department and the community alliance 226 |
|---|
| 348 | + | showing its efforts to recruit providers and that conditions 227 |
|---|
| 349 | + | have not changed, to exceed this threshold . The local community 228 |
|---|
| 350 | + | alliance in the geographic service area in which the lead agency 229 |
|---|
| 351 | + | is seeking to exceed the threshold shall review the lead 230 |
|---|
| 352 | + | agency's justification for need and recommend to the department 231 |
|---|
| 353 | + | whether the department should approve or deny the lead agency's 232 |
|---|
| 354 | + | request for an exemption from the services threshold. I f there 233 |
|---|
| 355 | + | is not a community alliance operating in the geographic service 234 |
|---|
| 356 | + | area in which the lead agency is seeking to exceed the 235 |
|---|
| 357 | + | threshold, such review and approval or denial of the lead 236 |
|---|
| 358 | + | agency's request for an exemption from the services threshold 237 |
|---|
| 359 | + | must be made by the department and the department must specify 238 |
|---|
| 360 | + | the duration of the exemption recommendation shall be made by 239 |
|---|
| 361 | + | representatives of local stakeholders, including at least one 240 |
|---|
| 362 | + | representative from each of the following: 241 |
|---|
| 363 | + | 1. The department. 242 |
|---|
| 364 | + | 2. The county government. 243 |
|---|
| 365 | + | 3. The school district. 244 |
|---|
| 366 | + | 4. The county United Way. 245 |
|---|
| 367 | + | 5. The county sheriff's office. 246 |
|---|
| 368 | + | 6. The circuit court corresponding to the county. 247 |
|---|
| 369 | + | 7. The county children's board, if one exists. 248 |
|---|
| 370 | + | (k) Shall publish on its website by the 15th day of each 249 |
|---|
| 371 | + | month at a minimum the data specified in subparagraphs 1.-9. 1.-250 |
|---|
| 384 | | - | of its financial activities, including any requests for records 251 |
|---|
| 385 | | - | associated with such financial audits within the timeframe 252 |
|---|
| 386 | | - | established by the department or its contracted vendors provide 253 |
|---|
| 387 | | - | for a regular independent auditing of its financial activities . 254 |
|---|
| 388 | | - | The results of the financial audit must Such financial 255 |
|---|
| 389 | | - | information shall be provided to the community alliance 256 |
|---|
| 390 | | - | established under s. 20.19(5). 257 |
|---|
| 391 | | - | (j) May subcontract for the provision of services, 258 |
|---|
| 392 | | - | excluding with a related party for officer or director level 259 |
|---|
| 393 | | - | staffing to perform management functions, required by the 260 |
|---|
| 394 | | - | contract with the lead agency and the department; however, the 261 |
|---|
| 395 | | - | subcontracts must specify how the provider will contribute to 262 |
|---|
| 396 | | - | the lead agency meeting the performance standards established 263 |
|---|
| 397 | | - | pursuant to the child welfare results -oriented accountability 264 |
|---|
| 398 | | - | system required by s. 409.997. The lead agency shall directly 265 |
|---|
| 399 | | - | provide no more than 35 percent of all child welfare services 266 |
|---|
| 400 | | - | provided unless it can demonstrate a need , within the lead 267 |
|---|
| 401 | | - | agency's geographic service area in which there is a lack of 268 |
|---|
| 402 | | - | qualified providers available to perform the necessary services. 269 |
|---|
| 403 | | - | The approval period to exceed the threshold must be limited to 2 270 |
|---|
| 404 | | - | years and must be renewed following the process outlined in this 271 |
|---|
| 405 | | - | section, to exceed this threshold . The local community alliance 272 |
|---|
| 406 | | - | in the geographic service area in which the lead agency is 273 |
|---|
| 407 | | - | seeking to exceed the threshold shall review the lead agency's 274 |
|---|
| 408 | | - | justification for ne ed and recommend to the department whether 275 |
|---|
| 384 | + | 5., calculated using a standard methodology determined by the 251 |
|---|
| 385 | + | department, for the preceding calendar month regarding its case 252 |
|---|
| 386 | + | management services. The following information must shall be 253 |
|---|
| 387 | + | reported by each individual subcontracted case management 254 |
|---|
| 388 | + | provider, by the lead agency, if the lead agency provides case 255 |
|---|
| 389 | + | management services, and in total for all case management 256 |
|---|
| 390 | + | services subcontracted or directly provided by the lead agency: 257 |
|---|
| 391 | + | 1. The average caseload of case managers, including only 258 |
|---|
| 392 | + | filled positions; 259 |
|---|
| 393 | + | 2. The total number and percentage of case managers who 260 |
|---|
| 394 | + | have 25 or more cases on their caseloads; 261 |
|---|
| 395 | + | 3. The turnover rate for case managers and case management 262 |
|---|
| 396 | + | supervisors for the previous 12 months; 263 |
|---|
| 397 | + | 4. The percentage of required home visits completed; and 264 |
|---|
| 398 | + | 5. Performance on outcome measures required pursuant to s. 265 |
|---|
| 399 | + | 409.997 for the previous 12 months ;. 266 |
|---|
| 400 | + | 6. The number of unlicensed placements for the previous 267 |
|---|
| 401 | + | month; 268 |
|---|
| 402 | + | 7. The percentages an d trends for foster parent and group 269 |
|---|
| 403 | + | home recruitment and licensure for the previous month; 270 |
|---|
| 404 | + | 8. The percentage of families being served through family 271 |
|---|
| 405 | + | support, in-home, and out-of-home services for the previous 272 |
|---|
| 406 | + | month; and 273 |
|---|
| 407 | + | 9. The percentage of cases that converted from nonjudicial 274 |
|---|
| 408 | + | to judicial for the previous month. 275 |
|---|
| 421 | | - | the department should approve or deny the lead agency's request 276 |
|---|
| 422 | | - | for an exemption from the services threshold. If there is not a 277 |
|---|
| 423 | | - | community alliance operating in the geographic service area in 278 |
|---|
| 424 | | - | which the lead agency is seeking to exceed the threshold, such 279 |
|---|
| 425 | | - | review and recommendation shall be made by representatives of 280 |
|---|
| 426 | | - | local stakeholders, including at least one representative from 281 |
|---|
| 427 | | - | each of the following: 282 |
|---|
| 428 | | - | 1. The department. 283 |
|---|
| 429 | | - | 2. The county government. 284 |
|---|
| 430 | | - | 3. The school district. 285 |
|---|
| 431 | | - | 4. The county United Way. 286 |
|---|
| 432 | | - | 5. The county sheriff's office. 287 |
|---|
| 433 | | - | 6. The circuit court corresponding to the county. 288 |
|---|
| 434 | | - | 7. The county children's board, if one exists. 289 |
|---|
| 435 | | - | (k) Shall publish on its website by the 15th day of each 290 |
|---|
| 436 | | - | month at a minimum the data specified in subparagraphs 1.-10. 291 |
|---|
| 437 | | - | 1.-5., calculated using a standard methodology determined by the 292 |
|---|
| 438 | | - | department, for the preceding calendar month regarding its case 293 |
|---|
| 439 | | - | management services. The following information shall be reported 294 |
|---|
| 440 | | - | by each individual subcontracted case management provider, by 295 |
|---|
| 441 | | - | the lead agency, if the lead agency provides case management 296 |
|---|
| 442 | | - | services, and in total for all case management services 297 |
|---|
| 443 | | - | subcontracted or directly provided by the lead agency: 298 |
|---|
| 444 | | - | 1. The average caseload of case managers, including only 299 |
|---|
| 445 | | - | filled positions; 300 |
|---|
| 421 | + | Section 3. Section 409.9913, Florida Statutes, is created 276 |
|---|
| 422 | + | to read: 277 |
|---|
| 423 | + | 409.9913 Funding methodology to allocate funding to lead 278 |
|---|
| 424 | + | agencies.— 279 |
|---|
| 425 | + | (1) As used in this section, the term: 280 |
|---|
| 426 | + | (a) "Core services funding" means all funds allocated to 281 |
|---|
| 427 | + | lead agencies. The term does not include any of the following: 282 |
|---|
| 428 | + | 1. Funds appropriated for independent living services. 283 |
|---|
| 429 | + | 2. Funds appropriated for maintenance adoption subsidies. 284 |
|---|
| 430 | + | 3. Funds allocated by the department for child protective 285 |
|---|
| 431 | + | investigation service training. 286 |
|---|
| 432 | + | 4. Nonrecurring funds. 287 |
|---|
| 433 | + | 5. Designated mental health wrap -around service funds. 288 |
|---|
| 434 | + | 6. Funds for special projects for a designated lead 289 |
|---|
| 435 | + | agency. 290 |
|---|
| 436 | + | 7. Funds appropriated for the Guardianship As sistance 291 |
|---|
| 437 | + | Program established under s. 39.6225. 292 |
|---|
| 438 | + | (b) "Operational and fixed costs" means: 293 |
|---|
| 439 | + | 1. Administrative expenditures, including, but not limited 294 |
|---|
| 440 | + | to, information technology and human resources functions. 295 |
|---|
| 441 | + | 2. Lease payments. 296 |
|---|
| 442 | + | 3. Asset depreciation. 297 |
|---|
| 443 | + | 4. Utilities. 298 |
|---|
| 444 | + | 5. Administrative components of case management. 299 |
|---|
| 445 | + | 6. Mandated activities such as training, quality 300 |
|---|
| 458 | | - | 2. The total number and percentage of case managers who 301 |
|---|
| 459 | | - | have 25 or more cases on their caseloads; 302 |
|---|
| 460 | | - | 3. The turnover rate for case managers an d case management 303 |
|---|
| 461 | | - | supervisors for the previous 12 months; 304 |
|---|
| 462 | | - | 4. The percentage of required home visits completed; and 305 |
|---|
| 463 | | - | 5. Performance on outcome measures required pursuant to s. 306 |
|---|
| 464 | | - | 409.997 for the previous 12 months ;. 307 |
|---|
| 465 | | - | 6. The number of unlicensed placements for the previous 308 |
|---|
| 466 | | - | month; 309 |
|---|
| 467 | | - | 7. The percentages and trends for foster parent and group 310 |
|---|
| 468 | | - | home recruitment and licensure for the previous month; 311 |
|---|
| 469 | | - | 8. The percentage of families being served through family 312 |
|---|
| 470 | | - | support, in-home, and out-of-home services for the previo us 313 |
|---|
| 471 | | - | month; 314 |
|---|
| 472 | | - | 9. The percentage of cases that converted from nonjudicial 315 |
|---|
| 473 | | - | to judicial for the previous month; and 316 |
|---|
| 474 | | - | 10. Children's legal service staffing rates. 317 |
|---|
| 475 | | - | Section 4. Section 409.991, Florida Statutes, is repealed. 318 |
|---|
| 476 | | - | Section 5. Section 409.9913, Fl orida Statutes, is created 319 |
|---|
| 477 | | - | to read: 320 |
|---|
| 478 | | - | 409.9913 Funding methodology to allocate funding to lead 321 |
|---|
| 479 | | - | agencies.— 322 |
|---|
| 480 | | - | (1) As used in this section, the term: 323 |
|---|
| 481 | | - | (a) "Core services funding" means all funds allocated to 324 |
|---|
| 482 | | - | lead agencies. The term does not include any of th e following: 325 |
|---|
| 458 | + | improvement, or contract management. 301 |
|---|
| 459 | + | (2) The department shall develop, in collaboration with 302 |
|---|
| 460 | + | lead agencies and providers of child welfare services, a funding 303 |
|---|
| 461 | + | methodology for allocating core services funding to lead 304 |
|---|
| 462 | + | agencies which, at a minimum: 305 |
|---|
| 463 | + | (a) Is actuarially sound. 306 |
|---|
| 464 | + | (b) Is reimbursement based. 307 |
|---|
| 465 | + | (c) Is designed to incentivize efficient and effective 308 |
|---|
| 466 | + | lead agency operation, prevention , family preservation, and 309 |
|---|
| 467 | + | permanency. 310 |
|---|
| 468 | + | (d) Considers variable costs, including, but not limited 311 |
|---|
| 469 | + | to, direct costs for in -home and out-of-home care for children 312 |
|---|
| 470 | + | served by the lead agencies, prevention services, and 313 |
|---|
| 471 | + | operational and fixed costs. 314 |
|---|
| 472 | + | (e) Is scaled regionally for cost -of-living factors. 315 |
|---|
| 473 | + | (3) The lead agencies and providers shall submit any 316 |
|---|
| 474 | + | detailed cost and expenditure data that the department requests 317 |
|---|
| 475 | + | for the development of the funding methodology. 318 |
|---|
| 476 | + | (4) The department shall submit a report to the Governor, 319 |
|---|
| 477 | + | the President of the Senate, and the Speaker of the House of 320 |
|---|
| 478 | + | Representatives by December 1, 2024, which, at a minimum: 321 |
|---|
| 479 | + | (a) Describes a proposed funding methodology and formula 322 |
|---|
| 480 | + | that will provide for the annual budget of each lead agency, 323 |
|---|
| 481 | + | including, but not limited to, how the proposed methodology will 324 |
|---|
| 482 | + | meet the criteria in subsection (2). 325 |
|---|
| 495 | | - | 1. Funds appropriated for independent living services. 326 |
|---|
| 496 | | - | 2. Funds appropriated for maintenance adoption subsidies. 327 |
|---|
| 497 | | - | 3. Funds allocated by the department for child protective 328 |
|---|
| 498 | | - | investigation service training. 329 |
|---|
| 499 | | - | 4. Nonrecurring funds. 330 |
|---|
| 500 | | - | 5. Designated mental health wrap -around service funds. 331 |
|---|
| 501 | | - | 6. Funds for special projects for a designated lead 332 |
|---|
| 502 | | - | agency. 333 |
|---|
| 503 | | - | 7. Funds appropriated for the Guardianship Assistance 334 |
|---|
| 504 | | - | Program established under s. 39.6225. 335 |
|---|
| 505 | | - | (b) "Operational and fixed costs" means: 336 |
|---|
| 506 | | - | 1. Administrative expenditures, including, but not limited 337 |
|---|
| 507 | | - | to, information technology and human resources functions. 338 |
|---|
| 508 | | - | 2. Lease payments. 339 |
|---|
| 509 | | - | 3. Asset depreciation. 340 |
|---|
| 510 | | - | 4. Utilities. 341 |
|---|
| 511 | | - | 5. Administrative components of case management. 342 |
|---|
| 512 | | - | 6. Mandated activities such as training, quality 343 |
|---|
| 513 | | - | improvement, or contract management. 344 |
|---|
| 514 | | - | (2) The department shall develop, in collaboration with 345 |
|---|
| 515 | | - | lead agencies and providers of child welfare services, a funding 346 |
|---|
| 516 | | - | methodology for allocating core services funding to lead 347 |
|---|
| 517 | | - | agencies which, at a minimum: 348 |
|---|
| 518 | | - | (a) Is actuarially sound. 349 |
|---|
| 519 | | - | (b) Is reimbursement based. 350 |
|---|
| 495 | + | (b) Describes the data used to develop the methodology, 326 |
|---|
| 496 | + | and the data that will be used to annually calculate the 327 |
|---|
| 497 | + | proposed lead agency budget. 328 |
|---|
| 498 | + | (c) Specifies proposed rates and total allocations for 329 |
|---|
| 499 | + | each lead agency. The allocations must ensure that the total of 330 |
|---|
| 500 | + | all amounts allocated to lead agencies under the funding 331 |
|---|
| 501 | + | methodology does not exceed the total amount appropriated to 332 |
|---|
| 502 | + | lead agencies in the Genera l Appropriations Act in the 2024 -2025 333 |
|---|
| 503 | + | fiscal year. 334 |
|---|
| 504 | + | (d) Provides risk mitigation recommendations that ensure 335 |
|---|
| 505 | + | that lead agencies do not experience a reduction in funding that 336 |
|---|
| 506 | + | would be detrimental to operations or result in a reduction in 337 |
|---|
| 507 | + | services to children. 338 |
|---|
| 508 | + | (5) By October 31 of each year, beginning in 2025, the 339 |
|---|
| 509 | + | department shall submit a report to the Governor, the President 340 |
|---|
| 510 | + | of the Senate, and the Speaker of the House of Representatives 341 |
|---|
| 511 | + | which includes recommendations for adjustments to the funding 342 |
|---|
| 512 | + | methodology for the next fiscal year, using the criteria in 343 |
|---|
| 513 | + | subsection (2) and basing the recommendations on, at a minimum, 344 |
|---|
| 514 | + | updated expenditure data, cost -of-living adjustments, market 345 |
|---|
| 515 | + | dynamics, or other catchment area variations. The total of all 346 |
|---|
| 516 | + | amounts proposed for allocation to lead agencies under the 347 |
|---|
| 517 | + | funding methodology for the next fiscal year may not exceed the 348 |
|---|
| 518 | + | total amount appropriated for core services funding in the 349 |
|---|
| 519 | + | current fiscal year's General Appropriations Act. The funding 350 |
|---|
| 532 | | - | (c) Is designed to incentivize efficient and effective 351 |
|---|
| 533 | | - | lead agency operation, prevention, family preservation, and 352 |
|---|
| 534 | | - | permanency. 353 |
|---|
| 535 | | - | (d) Considers variable costs, including, but not limited 354 |
|---|
| 536 | | - | to, direct costs for in -home and out-of-home care for children 355 |
|---|
| 537 | | - | served by the lead agencies, prevention services, and 356 |
|---|
| 538 | | - | operational and fixed costs. 357 |
|---|
| 539 | | - | (e) Is scaled regionally for cost -of-living factors. 358 |
|---|
| 540 | | - | (3) The lead agencies and providers of child welfare 359 |
|---|
| 541 | | - | services shall submit any detailed cost and expenditure data 360 |
|---|
| 542 | | - | that the department requests for the development of the funding 361 |
|---|
| 543 | | - | methodology. 362 |
|---|
| 544 | | - | (4) The department shall submit a report to the Governor, 363 |
|---|
| 545 | | - | the President of the Senate, and the Speaker of the House o f 364 |
|---|
| 546 | | - | Representatives by December 1, 2024, which, at a minimum: 365 |
|---|
| 547 | | - | (a) Describes a proposed funding methodology and formula 366 |
|---|
| 548 | | - | that will provide for the annual budget of each lead agency, 367 |
|---|
| 549 | | - | including, but not limited to, how the proposed methodology will 368 |
|---|
| 550 | | - | meet the criteria in subsection (2). 369 |
|---|
| 551 | | - | (b) Describes the data used to develop the methodology, 370 |
|---|
| 552 | | - | and the data that will be used to annually calculate the 371 |
|---|
| 553 | | - | proposed lead agency budget. 372 |
|---|
| 554 | | - | (c) Specifies proposed rates and total allocations for 373 |
|---|
| 555 | | - | each lead agency. The allocations must ensure that the total of 374 |
|---|
| 556 | | - | all amounts allocated to lead agencies under the funding 375 |
|---|
| 532 | + | methodology must include r isk mitigation strategies that ensure 351 |
|---|
| 533 | + | that lead agencies do not experience a reduction in funding that 352 |
|---|
| 534 | + | would be detrimental to operations or result in a reduction in 353 |
|---|
| 535 | + | services to children. 354 |
|---|
| 536 | + | (6)(a) The requirements of this section do not replace, 355 |
|---|
| 537 | + | and must be in addition to, any requirements of chapter 216, 356 |
|---|
| 538 | + | including, but not limited to, submission of final legislative 357 |
|---|
| 539 | + | budget requests by the department under s. 216.023. 358 |
|---|
| 540 | + | (b) The data and reports required under subsections (4) 359 |
|---|
| 541 | + | and (5) may also include propose d rates and total allocations 360 |
|---|
| 542 | + | for each lead agency which reflect any additional core services 361 |
|---|
| 543 | + | funding for lead agencies which is requested by the department 362 |
|---|
| 544 | + | under s. 216.023. 363 |
|---|
| 545 | + | (7)(a) Beginning with the 2025 -2026 fiscal year, the 364 |
|---|
| 546 | + | Legislature shall allocate funding to lead agencies through the 365 |
|---|
| 547 | + | General Appropriations Act with due consideration of the funding 366 |
|---|
| 548 | + | methodology developed under this section. 367 |
|---|
| 549 | + | (b) The department may not change the allocation of funds 368 |
|---|
| 550 | + | to a lead agency as provided in the General Appropr iations Act 369 |
|---|
| 551 | + | without legislative approval. The department may approve 370 |
|---|
| 552 | + | additional risk pool funding for a lead agency as provided under 371 |
|---|
| 553 | + | s. 409.990. 372 |
|---|
| 554 | + | (8) The department shall provide to the Governor, the 373 |
|---|
| 555 | + | President of the Senate, and the Speaker of the House of 374 |
|---|
| 556 | + | Representatives monthly reports from July through October 2024 375 |
|---|
| 569 | | - | methodology does not exceed the total amount appropriated to 376 |
|---|
| 570 | | - | lead agencies in the General Appropriations Act in the 2024 -2025 377 |
|---|
| 571 | | - | fiscal year. 378 |
|---|
| 572 | | - | (d) Provides risk mitigation recommendations that ensure 379 |
|---|
| 573 | | - | that lead agencies do not experience a reduction in funding that 380 |
|---|
| 574 | | - | would be detrimental to operations or result in a reduction in 381 |
|---|
| 575 | | - | services to children. 382 |
|---|
| 576 | | - | (5) By October 31 of each year, beginning in 2025, the 383 |
|---|
| 577 | | - | department shall submit a report to the Governor, the President 384 |
|---|
| 578 | | - | of the Senate, and the Speaker of the House of Representatives 385 |
|---|
| 579 | | - | which includes recommendations for adjustments to the fundi ng 386 |
|---|
| 580 | | - | methodology for the next fiscal year, using the criteria in 387 |
|---|
| 581 | | - | subsection (2) and basing the recommendations on, at a minimum, 388 |
|---|
| 582 | | - | updated expenditure data, cost -of-living adjustments, market 389 |
|---|
| 583 | | - | dynamics, or other catchment area variations. The total of all 390 |
|---|
| 584 | | - | amounts proposed for allocation to lead agencies under the 391 |
|---|
| 585 | | - | funding methodology for the next fiscal year may not exceed the 392 |
|---|
| 586 | | - | total amount appropriated for core services funding in the 393 |
|---|
| 587 | | - | current fiscal year's General Appropriations Act. The funding 394 |
|---|
| 588 | | - | methodology must include risk mitigation strategies that ensure 395 |
|---|
| 589 | | - | that lead agencies do not experience a reduction in funding that 396 |
|---|
| 590 | | - | would be detrimental to operations or result in a reduction in 397 |
|---|
| 591 | | - | services to children. 398 |
|---|
| 592 | | - | (6)(a) The requirements of this section do not replace, 399 |
|---|
| 593 | | - | and must be in addition to, any requirements of chapter 216, 400 |
|---|
| 569 | + | which provide updates on activities and progress in developing 376 |
|---|
| 570 | + | the funding methodology. 377 |
|---|
| 571 | + | Section 4. Subsections (1) and (3) of section 409.992, 378 |
|---|
| 572 | + | Florida Statutes, are amended to read: 379 |
|---|
| 573 | + | 409.992 Lead agency expenditures. — 380 |
|---|
| 574 | + | (1) The procurement of commodities or contractual services 381 |
|---|
| 575 | + | by lead agencies is shall be governed by the financial 382 |
|---|
| 576 | + | guidelines developed by the department and must comply with 383 |
|---|
| 577 | + | applicable state and federal law and follow goo d business 384 |
|---|
| 578 | + | practices. Pursuant to s. 11.45, the Auditor General may provide 385 |
|---|
| 579 | + | technical advice in the development of the financial guidelines. 386 |
|---|
| 580 | + | (a)1. Lead agencies shall competitively procure all 387 |
|---|
| 581 | + | contracts, consistent with the federal simplified acquisition 388 |
|---|
| 582 | + | threshold. 389 |
|---|
| 583 | + | 2. Lead agencies shall competitively procure all contracts 390 |
|---|
| 584 | + | in excess of $35,000 with related parties. 391 |
|---|
| 585 | + | 3. Financial penalties or sanctions, as established by the 392 |
|---|
| 586 | + | department and incorporated into the contract, shall be imposed 393 |
|---|
| 587 | + | by the department for noncompliance with applicable local, 394 |
|---|
| 588 | + | state, or federal law for the procurement of commodities or 395 |
|---|
| 589 | + | contractual services. 396 |
|---|
| 590 | + | (b) Notwithstanding s. 402.73, for procurement of real 397 |
|---|
| 591 | + | property or professional services, lead agencies shall comply 398 |
|---|
| 592 | + | with established purchasing practices, including the provisions 399 |
|---|
| 593 | + | of s. 287.055, as required, for professional services, including 400 |
|---|
| 606 | | - | including, but not limited to, submission of final legislative 401 |
|---|
| 607 | | - | budget requests by the department under s. 216.023. 402 |
|---|
| 608 | | - | (b) The data and reports required under subsections (4) 403 |
|---|
| 609 | | - | and (5) may also includ e proposed rates and total allocations 404 |
|---|
| 610 | | - | for each lead agency which reflect any additional core services 405 |
|---|
| 611 | | - | funding for lead agencies which is requested by the department 406 |
|---|
| 612 | | - | under s. 216.023. 407 |
|---|
| 613 | | - | (7)(a) Beginning with the 2025 -2026 fiscal year, the 408 |
|---|
| 614 | | - | Legislature shall allocate funding to lead agencies through the 409 |
|---|
| 615 | | - | General Appropriations Act with due consideration of the funding 410 |
|---|
| 616 | | - | methodology developed under this section. 411 |
|---|
| 617 | | - | (b) The department may not change the allocation of funds 412 |
|---|
| 618 | | - | to a lead agency as provided in the Genera l Appropriations Act 413 |
|---|
| 619 | | - | without legislative approval. The department may approve 414 |
|---|
| 620 | | - | additional risk pool funding for a lead agency as provided under 415 |
|---|
| 621 | | - | s. 409.990. 416 |
|---|
| 622 | | - | (8) The department shall provide to the Governor, the 417 |
|---|
| 623 | | - | President of the Senate, and the Speaker of t he House of 418 |
|---|
| 624 | | - | Representatives monthly reports from July through October 2024, 419 |
|---|
| 625 | | - | which provide updates on activities and progress in developing 420 |
|---|
| 626 | | - | the funding methodology. 421 |
|---|
| 627 | | - | Section 6. Subsections (1) and (3) of section 409.992, 422 |
|---|
| 628 | | - | Florida Statutes, are amended to read: 423 |
|---|
| 629 | | - | 409.992 Lead agency expenditures. — 424 |
|---|
| 630 | | - | (1) The procurement of commodities or contractual services 425 |
|---|
| 606 | + | engineering or construction design. Upon termination of the 401 |
|---|
| 607 | + | contract, the department shall immediately retain all rights to 402 |
|---|
| 608 | + | and ownership of real property procured. Any funds from the 403 |
|---|
| 609 | + | sale, transfer, or other dispossession of such property during 404 |
|---|
| 610 | + | the contract term shall be returned to the department. 405 |
|---|
| 611 | + | (3) Notwithstanding any other provision of law, a 406 |
|---|
| 612 | + | community-based care lead agency adminis trative employee may not 407 |
|---|
| 613 | + | receive a salary, whether base pay or base pay combined with any 408 |
|---|
| 614 | + | bonus or incentive payments from the lead agency or any related 409 |
|---|
| 615 | + | party, in excess of 150 percent of the annual salary paid to the 410 |
|---|
| 616 | + | secretary of the Department of Childr en and Families from state -411 |
|---|
| 617 | + | appropriated funds, including state -appropriated federal funds. 412 |
|---|
| 618 | + | This limitation applies regardless of the number of contracts a 413 |
|---|
| 619 | + | community-based care lead agency may execute with the 414 |
|---|
| 620 | + | department. This subsection does not prohibit a ny party from 415 |
|---|
| 621 | + | providing cash that is not from appropriated state funds to a 416 |
|---|
| 622 | + | community-based care lead agency administrative employee. 417 |
|---|
| 623 | + | Section 5. Paragraphs (c) and (d) of subsection (1) of 418 |
|---|
| 624 | + | section 409.994, Florida Statutes, are amended to read: 419 |
|---|
| 625 | + | 409.994 Community-based care lead agencies; receivership. — 420 |
|---|
| 626 | + | (1) The Department of Children and Families may petition a 421 |
|---|
| 627 | + | court of competent jurisdiction for the appointment of a 422 |
|---|
| 628 | + | receiver for a community -based care lead agency established 423 |
|---|
| 629 | + | pursuant to s. 409.987 i f any of the following conditions exist: 424 |
|---|
| 630 | + | (c) The department determines that conditions exist in the 425 |
|---|
| 643 | | - | by lead agencies is shall be governed by the financial 426 |
|---|
| 644 | | - | guidelines developed by the department and must comply with 427 |
|---|
| 645 | | - | applicable state and federal law and follow good business 428 |
|---|
| 646 | | - | practices. Pursuant to s. 11.45, the Auditor General may provide 429 |
|---|
| 647 | | - | technical advice in the development of the financial guidelines. 430 |
|---|
| 648 | | - | (a)1. Lead agencies shall competitively procure all 431 |
|---|
| 649 | | - | contracts, consistent with the federal simplified ac quisition 432 |
|---|
| 650 | | - | threshold. 433 |
|---|
| 651 | | - | 2. Lead agencies shall competitively procure all contracts 434 |
|---|
| 652 | | - | in excess of $35,000 with related parties. 435 |
|---|
| 653 | | - | 3. Financial penalties or sanctions, as established by the 436 |
|---|
| 654 | | - | department and incorporated into the contract, shall be imposed 437 |
|---|
| 655 | | - | by the department for noncompliance with applicable local, 438 |
|---|
| 656 | | - | state, or federal law for the procurement of commodities or 439 |
|---|
| 657 | | - | contractual services. 440 |
|---|
| 658 | | - | (b) The contract between the department and the lead 441 |
|---|
| 659 | | - | agency for the provision of child protection and child welfare 442 |
|---|
| 660 | | - | services must delineate the rights and obligations of the 443 |
|---|
| 661 | | - | parties concerning the acquisition, transfer, or other 444 |
|---|
| 662 | | - | disposition of real property held by the lead agency during the 445 |
|---|
| 663 | | - | term of the contract. This paragraph applies prospectively to 446 |
|---|
| 664 | | - | new contracts entere d into between the department and a lead 447 |
|---|
| 665 | | - | agency for the provision of child protection and child welfare 448 |
|---|
| 666 | | - | services on or after July 1, 2024. 449 |
|---|
| 667 | | - | (3) Notwithstanding any other provision of law, a 450 |
|---|
| 643 | + | lead agency which present a an imminent danger to the health, 426 |
|---|
| 644 | + | safety, or welfare of the dependent children under that agency's 427 |
|---|
| 645 | + | care or supervision. Whenev er possible, the department shall 428 |
|---|
| 646 | + | make a reasonable effort to facilitate the continued operation 429 |
|---|
| 647 | + | of the program. 430 |
|---|
| 648 | + | (d) The lead agency cannot meet , or is unlikely to meet, 431 |
|---|
| 649 | + | its current financial obligations to its employees, contractors, 432 |
|---|
| 650 | + | or foster parents. Issuance of bad checks or the existence of 433 |
|---|
| 651 | + | delinquent obligations for payment of salaries, utilities, or 434 |
|---|
| 652 | + | invoices for essential services or commodities constitutes shall 435 |
|---|
| 653 | + | constitute prima facie evidence that the lead agency lacks the 436 |
|---|
| 654 | + | financial ability to me et its financial obligations. 437 |
|---|
| 655 | + | Section 6. Paragraph (d) of subsection (1) of section 438 |
|---|
| 656 | + | 409.996, Florida Statutes, is amended to read: 439 |
|---|
| 657 | + | 409.996 Duties of the Department of Children and 440 |
|---|
| 658 | + | Families.—The department shall contract for the delivery, 441 |
|---|
| 659 | + | administration, or management of care for children in the child 442 |
|---|
| 660 | + | protection and child welfare system. In doing so, the department 443 |
|---|
| 661 | + | retains responsibility for the quality of contracted services 444 |
|---|
| 662 | + | and programs and shall ensure that, at a minimum, services are 445 |
|---|
| 663 | + | delivered in accordance with applicable federal and state 446 |
|---|
| 664 | + | statutes and regulations and the performance standards and 447 |
|---|
| 665 | + | metrics specified in the strategic plan created under s. 448 |
|---|
| 666 | + | 20.19(1). 449 |
|---|
| 667 | + | (1) The department shall enter into contracts with lead 450 |
|---|
| 680 | | - | community-based care lead agency administrative employee may not 451 |
|---|
| 681 | | - | receive a salary, whether base pay or base pay combined with any 452 |
|---|
| 682 | | - | bonus or incentive payments, in excess of 150 percent of the 453 |
|---|
| 683 | | - | annual salary paid to the secretary of the Department of 454 |
|---|
| 684 | | - | Children and Families from state -appropriated funds, including 455 |
|---|
| 685 | | - | state-appropriated federal funds. This limitation applies 456 |
|---|
| 686 | | - | regardless of the number of community -based care contracts a 457 |
|---|
| 687 | | - | community-based care lead agency may execute with the 458 |
|---|
| 688 | | - | department. This subsection does not prohibit any party from 459 |
|---|
| 689 | | - | providing cash that is not from appropriated state funds to a 460 |
|---|
| 690 | | - | community-based care lead agency administrative employee. 461 |
|---|
| 691 | | - | Section 7. Paragraph (d) of subsection (1) of section 462 |
|---|
| 692 | | - | 409.994, Florida Statutes, is amended to read: 463 |
|---|
| 693 | | - | 409.994 Community-based care lead agencies; receivership. — 464 |
|---|
| 694 | | - | (1) The Department of Children and Families may petition a 465 |
|---|
| 695 | | - | court of competent jurisdiction for the appointment of a 466 |
|---|
| 696 | | - | receiver for a community -based care lead agency established 467 |
|---|
| 697 | | - | pursuant to s. 409.987 if any of the following conditions exist: 468 |
|---|
| 698 | | - | (d) The lead agency cannot meet, or is unlikely to meet, 469 |
|---|
| 699 | | - | its current financial obligations to its employees, contractors, 470 |
|---|
| 700 | | - | or foster parents. Issuance of bad checks or the existence of 471 |
|---|
| 701 | | - | delinquent obligations for payment of salaries, utilities, or 472 |
|---|
| 702 | | - | invoices for essential services or commodities constitutes shall 473 |
|---|
| 703 | | - | constitute prima facie evidence that the lead agency lacks the 474 |
|---|
| 704 | | - | financial ability to meet its financial obligations. 475 |
|---|
| 680 | + | agencies for the performance of the duties by the lead agencies 451 |
|---|
| 681 | + | established in s. 409.988. At a minimum, the contracts must do 452 |
|---|
| 682 | + | all of the following: 453 |
|---|
| 683 | + | (d) Provide for contractual actions tiered interventions 454 |
|---|
| 684 | + | and graduated penalties for failure to comply with contract 455 |
|---|
| 685 | + | terms or in the event of performance deficiencies , as determined 456 |
|---|
| 686 | + | appropriate by the department . 457 |
|---|
| 687 | + | 1. Such contractual actions must interventions and 458 |
|---|
| 688 | + | penalties shall include, but are not limited to: 459 |
|---|
| 689 | + | a.1. Enhanced monitoring and reporting. 460 |
|---|
| 690 | + | b.2. Corrective action plans. 461 |
|---|
| 691 | + | c.3. Requirements to accept technical assistance and 462 |
|---|
| 692 | + | consultation from the department under subsection (6). 463 |
|---|
| 693 | + | d.4. Financial penalties, which shall require a lead 464 |
|---|
| 694 | + | agency to direct reallocate funds from administrative costs to 465 |
|---|
| 695 | + | the department. The departme nt shall use the funds collected to 466 |
|---|
| 696 | + | support service delivery of quality improvement activities for 467 |
|---|
| 697 | + | children in the lead agency's care to direct care for children . 468 |
|---|
| 698 | + | These penalties may be imposed for failure to provide timely, 469 |
|---|
| 699 | + | sufficient resolution of deficiencies resulting in a corrective 470 |
|---|
| 700 | + | action plan or other performance improvement plan issued by the 471 |
|---|
| 701 | + | department. Financial penalties may include liquidated damages. 472 |
|---|
| 702 | + | e.5. Early termination of contracts, as provided in s. 473 |
|---|
| 703 | + | 402.7305(3)(f) s. 402.1705(3)(f). 474 |
|---|
| 704 | + | 2. The department shall include in each lead agency 475 |
|---|
| 717 | | - | Section 8. Paragraph (d) of subsection (1) of section 476 |
|---|
| 718 | | - | 409.996, Florida Statutes, is amended t o read: 477 |
|---|
| 719 | | - | 409.996 Duties of the Department of Children and 478 |
|---|
| 720 | | - | Families.—The department shall contract for the delivery, 479 |
|---|
| 721 | | - | administration, or management of care for children in the child 480 |
|---|
| 722 | | - | protection and child welfare system. In doing so, the department 481 |
|---|
| 723 | | - | retains responsibility for the quality of contracted services 482 |
|---|
| 724 | | - | and programs and shall ensure that, at a minimum, services are 483 |
|---|
| 725 | | - | delivered in accordance with applicable federal and state 484 |
|---|
| 726 | | - | statutes and regulations and the performance standards and 485 |
|---|
| 727 | | - | metrics specified in the strategic plan created under s. 486 |
|---|
| 728 | | - | 20.19(1). 487 |
|---|
| 729 | | - | (1) The department shall enter into contracts with lead 488 |
|---|
| 730 | | - | agencies for the performance of the duties by the lead agencies 489 |
|---|
| 731 | | - | established in s. 409.988. At a minimum, the contracts must do 490 |
|---|
| 732 | | - | all of the following: 491 |
|---|
| 733 | | - | (d) Provide for contractual actions tiered interventions 492 |
|---|
| 734 | | - | and graduated penalties for failure to comply with contract 493 |
|---|
| 735 | | - | terms or in the event of performance deficiencies , as determined 494 |
|---|
| 736 | | - | appropriate by the department . 495 |
|---|
| 737 | | - | 1. Such contractual actions must interventions and 496 |
|---|
| 738 | | - | penalties shall include, but are not limited to: 497 |
|---|
| 739 | | - | a.1. Enhanced monitoring and reporting. 498 |
|---|
| 740 | | - | b.2. Corrective action plans. 499 |
|---|
| 741 | | - | c.3. Requirements to accept technical assistance and 500 |
|---|
| 742 | | - | |
|---|
| 743 | | - | CS/CS/CS/HB 1061 2024 |
|---|
| 744 | | - | |
|---|
| 745 | | - | |
|---|
| 746 | | - | |
|---|
| 747 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 748 | | - | hb1061-03-c3 |
|---|
| 749 | | - | Page 21 of 23 |
|---|
| 750 | | - | 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 |
|---|
| 751 | | - | |
|---|
| 752 | | - | |
|---|
| 753 | | - | |
|---|
| 754 | | - | consultation from the department under subsection (6). 501 |
|---|
| 755 | | - | d.4. Financial penalties, as a matter of contract. The 502 |
|---|
| 756 | | - | financial penalties assessed by the department on the lead 503 |
|---|
| 757 | | - | agency revert to the state which shall require a lead agency to 504 |
|---|
| 758 | | - | reallocate funds from administrative costs to direct care for 505 |
|---|
| 759 | | - | children. 506 |
|---|
| 760 | | - | e.5. Early termination of contracts, as provided in s. 507 |
|---|
| 761 | | - | 402.7305(3)(f) s. 402.1705(3)(f). 508 |
|---|
| 762 | | - | 2. No later than January 1, 2025, the department shall 509 |
|---|
| 763 | | - | ensure that each lead agency contract executed includes a list 510 |
|---|
| 764 | | - | of financial penalties for failure to comply with contractual 511 |
|---|
| 765 | | - | requirements. 512 |
|---|
| 766 | | - | Section 9. The Department of Children and Families shall 513 |
|---|
| 767 | | - | submit a report to the Governor, the President of the Senate, 514 |
|---|
| 768 | | - | and the Speaker of the House of Representatives on rules and 515 |
|---|
| 769 | | - | policies adopted and other actions taken to implement the 516 |
|---|
| 770 | | - | requirements of this act. The first such report must be due 517 |
|---|
| 771 | | - | September 30, 2024, and the second such report must be due 518 |
|---|
| 772 | | - | February 1, 2025. 519 |
|---|
| 773 | | - | Section 10. There is established the Future of Child 520 |
|---|
| 774 | | - | Protection Contracting and Funding Working Group. The Department 521 |
|---|
| 775 | | - | of Children and Families shall convene the working group and 522 |
|---|
| 776 | | - | shall be responsible for producing and submitting a report to 523 |
|---|
| 777 | | - | the Governor, the President of the Senate, and the Speaker of 524 |
|---|
| 778 | | - | the House of Representatives by October 15, 2025. 525 |
|---|
| 779 | | - | |
|---|
| 780 | | - | CS/CS/CS/HB 1061 2024 |
|---|
| 781 | | - | |
|---|
| 782 | | - | |
|---|
| 783 | | - | |
|---|
| 784 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 785 | | - | hb1061-03-c3 |
|---|
| 786 | | - | Page 22 of 23 |
|---|
| 787 | | - | 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 |
|---|
| 788 | | - | |
|---|
| 789 | | - | |
|---|
| 790 | | - | |
|---|
| 791 | | - | (1) The report must, at a minimum: 526 |
|---|
| 792 | | - | (a) Examine the current contracting methods for the 527 |
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| 793 | | - | provision of all foster care and related services. 528 |
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| 794 | | - | (b) Identify any barriers or deficiencies in creating 529 |
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| 795 | | - | local ownership and governance of such services. 530 |
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| 796 | | - | (c) Assess the implications of a 10 percent cap on 531 |
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| 797 | | - | administrative costs. 532 |
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| 798 | | - | (d) Evaluate barriers to entry in the procurement of 533 |
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| 799 | | - | managed care networks. 534 |
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| 800 | | - | (e) Consider the unique regional needs of children and 535 |
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| 801 | | - | families at risk of abuse and neglect. 536 |
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| 802 | | - | (f) Recommend changes to existing law s, rules, and 537 |
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| 803 | | - | policies necessary to implement the working group's 538 |
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| 804 | | - | recommendations. 539 |
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| 805 | | - | (2) The secretary of the Department of Children and 540 |
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| 806 | | - | Families, or his or her designee, shall chair the working group 541 |
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| 807 | | - | and shall invite the following persons to participate a s a 542 |
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| 808 | | - | member of the working group: 543 |
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| 809 | | - | (a) The Secretary of the Agency for Health Care 544 |
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| 810 | | - | Administration, or his or her designee. 545 |
|---|
| 811 | | - | (b) The secretary of the Department of Management 546 |
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| 812 | | - | Services, or his or her designee. 547 |
|---|
| 813 | | - | (c) A member of the Florida Coalition for Chi ldren, Inc., 548 |
|---|
| 814 | | - | or his or her designee. 549 |
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| 815 | | - | (d) A current contractor for lead agency child protection 550 |
|---|
| 816 | | - | |
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| 817 | | - | CS/CS/CS/HB 1061 2024 |
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| 818 | | - | |
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| 819 | | - | |
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| 820 | | - | |
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| 821 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 822 | | - | hb1061-03-c3 |
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| 823 | | - | Page 23 of 23 |
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| 824 | | - | 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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| 825 | | - | |
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| 826 | | - | |
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| 827 | | - | |
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| 828 | | - | services. 551 |
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| 829 | | - | (e) Two representatives of a direct provider of child 552 |
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| 830 | | - | protection or child welfare services. 553 |
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| 831 | | - | (f) A member of the Family Law Section of The Florida Bar 554 |
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| 832 | | - | or a member of the court exercising jurisdiction over family law 555 |
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| 833 | | - | matters. 556 |
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| 834 | | - | (g) A representative of a for -profit managed care entity. 557 |
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| 835 | | - | (h) A representative from a State University System school 558 |
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| 836 | | - | of business. 559 |
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| 837 | | - | (i) A representative from the Florida Ins titute for Child 560 |
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| 838 | | - | Welfare. 561 |
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| 839 | | - | (j) Any additional members as the department deems 562 |
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| 840 | | - | appropriate. 563 |
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| 841 | | - | (3) The working group shall terminate immediately after 564 |
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| 842 | | - | the Secretary of the Department of Children and Families submits 565 |
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| 843 | | - | the report to the Governor, the President of the Senate, and the 566 |
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| 844 | | - | Speaker of the House of Representatives. 567 |
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| 845 | | - | Section 11. This act shall take effect July 1, 2024. 568 |
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| 717 | + | contract executed a provision that requires payment to the 476 |
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| 718 | + | department of sanctions or disincentives for failure to comply 477 |
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| 719 | + | with contractual obligations. The department shall establish a 478 |
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| 720 | + | schedule of daily monetary sanctions or disincentives for lead 479 |
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| 721 | + | agencies, which schedule shall be incorporated by reference into 480 |
|---|
| 722 | + | the contract. The department is solely responsible for 481 |
|---|
| 723 | + | determining the monetary value of liquidated damages. 482 |
|---|
| 724 | + | Section 7. The Department of Children and Families shall 483 |
|---|
| 725 | + | submit a report to the Governor, the President of the Senate, 484 |
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| 726 | + | and the Speaker of the House of Representatives on rules and 485 |
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| 727 | + | policies adopted and other actions taken to implement the 486 |
|---|
| 728 | + | requirements of this act. The first such report must be due 487 |
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| 729 | + | September 30, 2024, and the second such report must be due 488 |
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| 730 | + | February 1, 2025. 489 |
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| 731 | + | Section 8. This act shall take effect July 1, 2024. 490 |
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