Florida 2024 Regular Session

Florida House Bill H7089 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	~~ENROLLED~~
3		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	2	+
	3	+	HB 7089, Engrossed 2 2024
4	4
5	5
6	6
7	7		CODING: Words stricken are deletions; words underlined are additions.
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9	9		Page 1 of 44
10	10		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11	11
12	12
13	13
14		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to transparency in health and human 2
16	16		services; amending s. 95.11, F.S.; establishing a 3 -3
17	17		year statute of limitations for an action to collect 4
18	18		medical debt for services rendered by a health care 5
19	19		provider or facility; creating s. 222.26, F.S.; 6
20	20		providing additional personal property exemptions from 7
21	21		legal process for medical debts resulting from 8
22	22		services provided in certain licensed facilities; 9
23	23		amending s. 395.301, F.S.; requiring a licensed 10
24	24		facility to post on its website a consumer -friendly 11
25	25		list of standard charges for a minimum number of 12
26	26		shoppable health care services or a price estimator 13
27	27		tool meeting certain requirements; providing 14
28	28		definitions; requiring a licensed facility to provide 15
29	29		an estimate to a patient or prospective patient and 16
30	30		the patient's health insurer within specified 17
31	31		timeframes; requiring a licensed facility to establish 18
32	32		an internal grievance process for patients to dispute 19
33	33		charges; requiring a facility to make available 20
34	34		information necessary for initiating a grievance; 21
35	35		requiring a facility to respond to a patient grievance 22
36	36		within a specified timeframe; requiring a licensed 23
37	37		facility to disclose specified information relating to 24
38	38		cost-sharing obligations to certain persons; providing 25
39		-	~~ENROLLED~~
40		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	39	+
	40	+	HB 7089, Engrossed 2 2024
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42	42
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47	47		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48	48
49	49
50	50
51	51		a penalty; creating s. 395.3011, F.S.; defining th e 26
52	52		term "extraordinary collection action"; prohibiting 27
53	53		certain collection activities by a licensed facility; 28
54	54		amending s. 624.27, F.S.; revising the definition of 29
55	55		the term "health care provider"; creating s. 627.446, 30
56	56		F.S.; defining the term "health insurer"; requiring 31
57	57		each health insurer to provide insureds with an 32
58	58		advanced explanation of benefits within specified 33
59	59		timeframes; providing requirements for the advanced 34
60	60		explanation of benefits; amending ss. 627.6387 and 35
61	61		627.6648, F.S.; revising the definition of t he term 36
62	62		"health insurer"; providing that a shared savings 37
63	63		incentive offered by a health insurer constitutes a 38
64	64		medical expense for rate development and rate filing 39
65	65		purposes for individual and group health insurance 40
66	66		policies, respectively; amending s. 641.31 076, F.S.; 41
67	67		revising the definition of the term "health 42
68	68		maintenance organization"; providing that a shared 43
69	69		savings incentive offered by a health maintenance 44
70	70		organization constitutes a medical expense for rate 45
71	71		development and rate filing purposes for individ ual or 46
72	72		group health maintenance contracts; amending ss. 47
73	73		475.01, 475.611, 517.191, 768.28, and 787.061, F.S.; 48
74	74		conforming provisions to changes made by the act; 49
75	75		providing applicability; requiring the Agency for 50
76		-	~~ENROLLED~~
77		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	76	+
	77	+	HB 7089, Engrossed 2 2024
78	78
79	79
80	80
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84	84		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
85	85
86	86
87	87
88	88		Health Care Administration and the Office of In surance 51
89	89		Regulation to notify the Division of Law Revision upon 52
90	90		the promulgation of certain federal rules; amending s. 53
91	91		409.016, F.S.; defining the term "management 54
92	92		functions"; amending s. 409.987, F.S.; revising 55
93	93		requirements for contracts the Department of Children 56
94	94		and Families has with community -based care lead 57
95	95		agencies; providing duties for board members of lead 58
96	96		agencies; requiring lead agencies to ensure that board 59
97	97		members participate in certain annual training; 60
98	98		requiring the posting of a fidelity bond; r evising the 61
99	99		definition of the term "conflict of interest"; 62
100	100		defining the term "related party"; requiring the lead 63
101	101		agency's board of directors to disclose to the 64
102	102		department any known actual or potential conflicts of 65
103	103		interest; prohibiting a lead agency from e ntering into 66
104	104		a contract or being a party to any transaction with 67
105	105		related parties if a conflict of interest is not 68
106	106		properly disclosed; prohibiting a lead agency from 69
107	107		entering into a contract or being a party to any 70
108	108		transaction with related parties for offic er-level or 71
109	109		director-level staffing to perform management 72
110	110		functions; requiring that the contract with the 73
111	111		department and the lead agency specify the 74
112	112		administrative functions that the lead agency may 75
113		-	~~ENROLLED~~
114		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	113	+
	114	+	HB 7089, Engrossed 2 2024
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121	121		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122	122
123	123
124	124
125	125		subcontract; authorizing a lead agency to enter into 76
126	126		certain contracts or be a party to certain 77
127	127		transactions, provided that a certain requirement for 78
128	128		fees, rates, and prices paid is met and any conflict 79
129	129		of interest is properly disclosed; requiring that 80
130	130		department contracts impose contractual penalties on 81
131	131		lead agencies for undisclosed conflicts of interest; 82
132	132		providing applicability; requiring that certain 83
133	133		contracts be reprocured; authorizing the department to 84
134	134		recoup lead agency expenses for the execution of 85
135	135		certain contracts; amending s. 409.988, F.S.; revising 86
136	136		lead agency duties; specifying requirements for and 87
137	137		limitations on an exemption for lead agencies from 88
138	138		certain contract requirements; providing for renewal 89
139	139		of the exemption; authorizing the department to deny 90
140	140		an exemption renewal request under certain 91
141	141		circumstances; requiring such lead agencies to undergo 92
142	142		an operational audit by the Auditor General; 93
143	143		specifying requirements for the audit; requiring the 94
144	144		Auditor General to conduct such audits upon 95
145	145		notification by the department; repealing s. 409.991, 96
146	146		F.S., relating to allocation of funds for community -97
147	147		based care lead agencies; creating s. 409.9913, F.S.; 98
148	148		defining the terms "core services funding" and 99
149	149		"operational and fixed costs"; requiring the 100
150		-	~~ENROLLED~~
151		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	150	+
	151	+	HB 7089, Engrossed 2 2024
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153	153
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158	158		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
159	159
160	160
161	161
162	162		department, in collaboration with the lead agencies 101
163	163		and providers of child welfare services, to develop a 102
164	164		specific funding methodology for the allocation of 103
165	165		core services which must meet certain criteria; 104
166	166		requiring the lead agencies and providers of child 105
167	167		welfare services to submit to the department certain 106
168	168		financial information; requiring the department to 107
169	169		submit to the Governor and the Legislature certain 108
170	170		reports by specified dates; providing construction; 109
171	171		authorizing the department to include certain rates 110
172	172		and total allocations in certain reports; requiring 111
173	173		the Legislature to allocate funding to the lead 112
174	174		agencies with due consideration of the specified 113
175	175		funding methodology, beginning with a specified fiscal 114
176	176		year; prohibiting the department from changing a lead 115
177	177		agency's allocation of funds provided in the General 116
178	178		Appropriations Act without legislative approval; 117
179	179		authorizing the department to approve certain risk 118
180	180		pool funding for a lead agency; requiring the 119
181	181		department to submit to the Governor and the 120
182	182		Legislature certain monthly reports for a specified 121
183	183		period of time; amending s. 409.992, F.S.; revising 122
184	184		requirements for lead agency practices in the 123
185	185		procurement of commodities and contractual services; 124
186	186		requiring the department to impose certain penalties 125
187		-	~~ENROLLED~~
188		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	187	+
	188	+	HB 7089, Engrossed 2 2024
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195	195		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
196	196
197	197
198	198
199	199		for a lead agency's noncompliance with applicable 126
200	200		procurement law; requiring that the contract between 127
201	201		the department and the lead agency specify the rights 128
202	202		and obligations with regard to real property held by 129
203	203		the lead agency during the term of the contract; 130
204	204		providing applicability of certain limitations on the 131
205	205		salaries of communit y-based care lead agency 132
206	206		administrative employees; amending s. 409.994, F.S.; 133
207	207		revising the conditions under which the department may 134
208	208		petition a court for the appointment of a receiver for 135
209	209		a community-based care lead agency; amending s. 136
210	210		409.996, F.S.; revis ing requirements for contracts 137
211	211		between the department and lead agencies; revising the 138
212	212		actions the department may take under certain 139
213	213		circumstances; making a technical change; providing 140
214	214		duties of the department; requiring the department, by 141
215	215		specified dates, to submit certain reports to the 142
216	216		Governor and the Legislature; establishing the Future 143
217	217		of Child Protection Contracting and Funding Workgroup 144
218	218		within the department; requiring the department to 145
219	219		convene the workgroup and submit a report to the 146
220	220		Governor and the Legislature by a specified date; 147
221	221		providing for membership of the workgroup; specifying 148
222	222		requirements for the report; terminating the workgroup 149
223	223		upon the submission of the report; providing an 150
224		-	~~ENROLLED~~
225		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	224	+
	225	+	HB 7089, Engrossed 2 2024
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232	232		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
233	233
234	234
235	235
236	236		effective date. 151
237	237		152
238	238		Be It Enacted by the Legislature of the Sta te of Florida: 153
239	239		154
240	240		Section 1. Present subsections (4) through (12) of section 155
241	241		95.11, Florida Statutes, are redesignated as subsections (5) 156
242	242		through (13), respectively, a new subsection (4) is added to 157
243	243		that section, and paragraph (b) of subsection (2), par agraph (n) 158
244	244		of subsection (3), paragraphs (f) and (g) of present subsection 159
245	245		(5), and present subsection (10) are amended, to read: 160
246	246		95.11 Limitations other than for the recovery of real 161
247	247		property.—Actions other than for recovery of real property shall 162
248	248		be commenced as follows: 163
249	249		(2) WITHIN FIVE YEARS. — 164
250	250		(b) A legal or equitable action on a contract, obligation, 165
251	251		or liability founded on a written instrument, except for an 166
252	252		action to enforce a claim against a payment bond, which shall be 167
253	253		governed by the applicab le provisions of paragraph (6)(e) 168
254	254		paragraph (5)(e), s. 255.05(10), s. 337.18(1), or s. 169
255	255		713.23(1)(e), and except for an action for a deficiency judgment 170
256	256		governed by paragraph (6)(h) paragraph (5)(h). 171
257	257		(3) WITHIN FOUR YEARS. — 172
258	258		(n) An action for assault, ba ttery, false arrest, 173
259	259		malicious prosecution, malicious interference, false 174
260	260		imprisonment, or any other intentional tort, except as provided 175
261		-	~~ENROLLED~~
262		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	261	+
	262	+	HB 7089, Engrossed 2 2024
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268	268		Page 8 of 44
269	269		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
270	270
271	271
272	272
273	273		in subsections (5), (6), and (8) subsections (4), (5), and (7) . 176
274	274		(4) WITHIN THREE YEARS. —An action to collect medical debt 177
275	275		for services rendered by a facility licensed under chapter 395, 178
276	276		provided that the period of limitations shall run from the date 179
277	277		on which the facility refers the medical debt to a third party 180
278	278		for collection. 181
279	279		(6)(5) WITHIN ONE YEAR.— 182
280	280		(f) Except for actions described in subsection (9) (8), a 183
281	281		petition for extraordinary writ, other than a petition 184
282	282		challenging a criminal conviction, filed by or on behalf of a 185
283	283		prisoner as defined in s. 57.085. 186
284	284		(g) Except for actions described in subsection (9) (8), an 187
285	285		action brought by or on behalf of a prisoner, as defined in s. 188
286	286		57.085, relating to the conditions of the prisoner's 189
287	287		confinement. 190
288	288		(11)(10) FOR INTENTIONAL TORTS RESULTING IN DEATH FROM 191
289	289		ACTS DESCRIBED IN S. 782.04 OR S. 782.07. —Notwithstanding 192
290	290		paragraph (5)(e) paragraph (4)(e), an action for wrongful death 193
291	291		seeking damages authorized under s. 768.21 brought against a 194
292	292		natural person for an intentional tort resulting in death from 195
293	293		acts described in s. 782.04 or s. 782.07 may be commenced at any 196
294	294		time. This subsection shall not be construed to require an 197
295	295		arrest, the filing of formal criminal charges, or a conviction 198
296	296		for a violation of s. 782.04 or s. 782.07 as a condition for 199
297	297		filing a civil action. 200
298		-	~~ENROLLED~~
299		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	298	+
	299	+	HB 7089, Engrossed 2 2024
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306	306		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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310	310		Section 2. Section 222.26, Florida Statutes, is created to 201
311	311		read: 202
312	312		222.26 Additional exemptions from legal process concerning 203
313	313		medical debt.—If a debt is owed for medical services provided by 204
314	314		a facility licensed under chapter 395, the following property is 205
315	315		exempt from attachment, garnishment, or other legal process in 206
316	316		an action on such debt: 207
317	317		(1) A debtor's interest, not to exceed $10,000 in value, 208
318	318		in a single motor vehicle as defined in s. 320.01(1). 209
319	319		(2) A debtor's interest in personal property, not to 210
320	320		exceed $10,000 in value, if the debtor does not claim or rece ive 211
321	321		the benefits of a homestead exemption under s. 4, Art. X of the 212
322	322		State Constitution. 213
323	323		Section 3. Present paragraphs (b), (c), and (d) of 214
324	324		subsection (1) of section 395.301, Florida Statutes, are 215
325	325		redesignated as paragraphs (c), (d), and (e) of that sub section, 216
326	326		respectively, present subsection (6) is redesignated as 217
327	327		subsection (8) of that section, a new paragraph (b) is added to 218
328	328		subsection (1), a new subsection (6) and subsection (7) are 219
329	329		added to that section, and present paragraph (b) of subsection 220
330	330		(1) is amended, to read: 221
331	331		395.301 Price transparency; itemized patient statement or 222
332	332		bill; patient admission status notification. — 223
333	333		(1) A facility licensed under this chapter shall provide 224
334	334		timely and accurate financial information and quality of service 225
335		-	~~ENROLLED~~
336		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	335	+
	336	+	HB 7089, Engrossed 2 2024
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343	343		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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347	347		measures to patients and prospective patients of the facility, 226
348	348		or to patients' survivors or legal guardians, as appropriate. 227
349	349		Such information shall be provided in accordance with this 228
350	350		section and rules adopted by the agency pursuant to this chapter 229
351	351		and s. 408.05. Licensed facilities operating exclusively as 230
352	352		state facilities are exempt from this subsection. 231
353	353		(b) Each licensed facility shall post on its website a 232
354	354		consumer-friendly list of standard charges for at least 300 233
355	355		shoppable health care services, or an Int ernet-based price 234
356	356		estimator tool meeting federal standards. If a facility provides 235
357	357		fewer than 300 distinct shoppable health care services, it shall 236
358	358		make available on its website the standard charges for each 237
359	359		service it provides. As used in this paragraph, the term: 238
360	360		1. "Shoppable health care service" means a service that 239
361	361		can be scheduled by a healthcare consumer in advance. The term 240
362	362		includes, but is not limited to, the services described in s. 241
363	363		627.6387(2)(e) and any services defined in regulations or 242
364	364		guidance issued by the United States Department of Health and 243
365	365		Human Services. 244
366	366		2. "Standard charge" has the same meaning as that term is 245
367	367		defined in regulations or guidance issued by the United States 246
368	368		Department of Health and Human Services for purposes of hosp ital 247
369	369		price transparency. 248
370	370		(c)(b)1. Upon request, and Before providing any 249
371	371		nonemergency medical services, each licensed facility shall 250
372		-	~~ENROLLED~~
373		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	372	+
	373	+	HB 7089, Engrossed 2 2024
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380	380		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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384	384		provide in writing or by electronic means a good faith estimate 251
385	385		of reasonably anticipated charges by the facility for the 252
386	386		treatment of a the patient's or prospective patient's specific 253
387	387		condition. The facility must provide the estimate to the patient 254
388	388		or prospective patient within 7 business days after the receipt 255
389	389		of the request and is not required to adjust the estimate for 256
390	390		any potential insurance coverage. The facility must provide the 257
391	391		estimate to the patient's health insurer, as defined in s. 258
392	392		627.446(1), and the patient at least 3 business days before the 259
393	393		date such service is to be provided, but no later than 1 260
394	394		business day after the date such service is scheduled or, in the 261
395	395		case of a service scheduled at least 10 business days in 262
396	396		advance, no later than 3 business days after the date the 263
397	397		service is scheduled. The facility must provide the estimate to 264
398	398		the patient no later than 3 business days after the date the 265
399	399		patient requests an estimate. The estimate may be based on the 266
400	400		descriptive service bundles developed by the agency under s. 267
401	401		408.05(3)(c) unless the patient or prospective patient requests 268
402	402		a more personalized and specific estimate that accounts for the 269
403	403		specific condition and characteristics of the patient or 270
404	404		prospective patient. The facility shall inform the patient or 271
405	405		prospective patient that he or she may contact his or her health 272
406	406		insurer or health maintenance organizati on for additional 273
407	407		information concerning cost -sharing responsibilities. 274
408	408		2. In the estimate, the facility shall provide to the 275
409		-	~~ENROLLED~~
410		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	409	+
	410	+	HB 7089, Engrossed 2 2024
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417	417		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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421	421		patient or prospective patient information on the facility's 276
422	422		financial assistance policy, including the application process, 277
423	423		payment plans, and discounts and the facility's charity care 278
424	424		policy and collection procedures. 279
425	425		3. The estimate shall clearly identify any facility fees 280
426	426		and, if applicable, include a statement notifying the patient or 281
427	427		prospective patient that a facility fee is included in the 282
428	428		estimate, the purpose of the fee, and that the patient may pay 283
429	429		less for the procedure or service at another facility or in 284
430	430		another health care setting. 285
431	431		4. Upon request, The facility shall notify the patient or 286
432	432		prospective patient of an y revision to the estimate. 287
433	433		5. In the estimate, the facility must notify the patient 288
434	434		or prospective patient that services may be provided in the 289
435	435		health care facility by the facility as well as by other health 290
436	436		care providers that may separately bill the p atient, if 291
437	437		applicable. 292
438	438		6. The facility shall take action to educate the public 293
439	439		that such estimates are available upon request. 294
440	440		7. Failure to timely provide the estimate pursuant to this 295
441	441		paragraph shall result in a daily fine of $1,000 until the 296
442	442		estimate is provided to the patient or prospective patient and 297
443	443		the health insurer. The total fine per patient estimate may not 298
444	444		exceed $10,000. 299
445	445		300
446		-	~~ENROLLED~~
447		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	446	+
	447	+	HB 7089, Engrossed 2 2024
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454	454		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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457	457
458	458		The provision of an estimate does not preclude the actual 301
459	459		charges from exceeding the estimate. 302
460	460		(6) Each facility shall establish an internal process for 303
461	461		reviewing and responding to grievances from patients. Such 304
462	462		process must allow a patient to dispute charges that appear on 305
463	463		the patient's itemized statement or bill. The facility shall 306
464	464		prominently post on its website a nd indicate in bold print on 307
465	465		each itemized statement or bill the instructions for initiating 308
466	466		a grievance and the direct contact information required to 309
467	467		initiate the grievance process. The facility must provide an 310
468	468		initial response to a patient grievance wit hin 7 business days 311
469	469		after the patient formally files a grievance disputing all or a 312
470	470		portion of an itemized statement or bill. 313
471	471		(7) Each licensed facility shall disclose to a patient, a 314
472	472		prospective patient, or a patient's legal guardian whether a 315
473	473		cost-sharing obligation for a particular covered health care 316
474	474		service or item exceeds the charge that applies to an individual 317
475	475		who pays cash or the cash equivalent for the same health care 318
476	476		service or item in the absence of health insurance coverage. 319
477	477		Failure to provide a disclosure in compliance with this 320
478	478		subsection may result in a fine not to exceed $500 per incident. 321
479	479		Section 4. Section 395.3011, Florida Statutes, is created 322
480	480		to read: 323
481	481		395.3011 Billing and collection activities. — 324
482	482		(1) As used in this section, th e term "extraordinary 325
483		-	~~ENROLLED~~
484		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	483	+
	484	+	HB 7089, Engrossed 2 2024
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486	486
487	487
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491	491		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
492	492
493	493
494	494
495	495		collection action" means any of the following actions taken by a 326
496	496		licensed facility against an individual in relation to obtaining 327
497	497		payment of a bill for care covered under the facility's 328
498	498		financial assistance policy: 329
499	499		(a) Selling the individual's debt to another party. 330
500	500		(b) Reporting adverse information about the individual to 331
501	501		consumer credit reporting agencies or credit bureaus. 332
502	502		(c) Deferring, denying, or requiring a payment before 333
503	503		providing medically necessary care because of the i ndividual's 334
504	504		nonpayment of one or more bills for previously provided care 335
505	505		covered under the facility's financial assistance policy. 336
506	506		(d) Actions that require a legal or judicial process, 337
507	507		including, but not limited to: 338
508	508		1. Placing a lien on the individual' s property; 339
509	509		2. Foreclosing on the individual's real property; 340
510	510		3. Attaching or seizing the individual's bank account or 341
511	511		any other personal property; 342
512	512		4. Commencing a civil action against the individual; 343
513	513		5. Causing the individual's arrest; or 344
514	514		6. Garnishing the individual's wages. 345
515	515		(2) A facility may not engage in an extraordinary 346
516	516		collection action against an individual to obtain payment for 347
517	517		services: 348
518	518		(a) Before the facility has made reasonable efforts to 349
519	519		determine whether the individual is elig ible for assistance 350
520		-	~~ENROLLED~~
521		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	520	+
	521	+	HB 7089, Engrossed 2 2024
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523	523
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528	528		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
529	529
530	530
531	531
532	532		under its financial assistance policy for the care provided and, 351
533	533		if eligible, before a decision is made by the facility on the 352
534	534		patient's application for such financial assistance. 353
535	535		(b) Before the facility has provided the individual wi th 354
536	536		an itemized statement or bill. 355
537	537		(c) During an ongoing grievance process as described in s. 356
538	538		395.301(6) or an ongoing appeal of a claim adjudication. 357
539	539		(d) Before billing any applicable insurer and allowing the 358
540	540		insurer to adjudicate a claim. 359
541	541		(e) For 30 days after notifying the patient in writing, by 360
542	542		certified mail, or by other traceable delivery method, that a 361
543	543		collection action will commence absent additional action by the 362
544	544		patient. 363
545	545		(f) While the individual: 364
546	546		1. Negotiates in good faith the final amoun t of a bill for 365
547	547		services rendered; or 366
548	548		2. Complies with all terms of a payment plan with the 367
549	549		facility. 368
550	550		Section 5. Paragraph (b) of subsection (1) of section 369
551	551		624.27, Florida Statutes, is amended to read: 370
552	552		624.27 Direct health care agreements; exemption from 371
553	553		code.— 372
554	554		(1) As used in this section, the term: 373
555	555		(b) "Health care provider" means a health care provider 374
556	556		licensed under chapter 458, chapter 459, chapter 460, chapter 375
557		-	~~ENROLLED~~
558		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	557	+
	558	+	HB 7089, Engrossed 2 2024
559	559
560	560
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565	565		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
566	566
567	567
568	568
569	569		461, chapter 464, or chapter 466, chapter 490, or chapter 491, 376
570	570		or a health care group practice, who provides health care 377
571	571		services to patients. 378
572	572		Section 6. Section 627.446, Florida Statutes, is created 379
573	573		to read: 380
574	574		627.446 Advanced explanation of benefits. — 381
575	575		(1) As used in this section, the term "health insurer" 382
576	576		means a health insurer issuing individual or group coverage or a 383
577	577		health maintenance organization issuing coverage through an 384
578	578		individual or a group contract. 385
579	579		(2) Each health insurer shall prepare an advanced 386
580	580		explanation of benefits upon receiving a patient estimate from a 387
581	581		facility pursuant to s. 395.301(1). The health insurer must 388
582	582		provide the advanced explanation of benefits to the insured no 389
583	583		later than 1 business day after receiving the patient estimate 390
584	584		from the facility or, in the case of a service scheduled at 391
585	585		least 10 business days in advance, no later than 3 business days 392
586	586		after receiving such estimate. The health insurer must provide 393
587	587		an advanced explanation of benefits to the insured no later than 394
588	588		3 business days after the date on which the health insurer 395
589	589		receives a request from the insured. 396
590	590		(3) At a minimum, the advanced explanation of benefits 397
591	591		must include detailed coverage and cost -sharing information 398
592	592		pursuant to the No Surprises Act, Title I of Division BB of the 399
593	593		Consolidated Appropriations Act, 2021, Pub. L. No. 116 -260. 400
594		-	~~ENROLLED~~
595		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	594	+
	595	+	HB 7089, Engrossed 2 2024
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597	597
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602	602		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
603	603
604	604
605	605
606	606		Section 7. Paragraph (b) of subsection (2) and paragraph 401
607	607		(a) of subsection (4) of section 627.6387, Florida Statutes, are 402
608	608		amended to read: 403
609	609		627.6387 Shared savings incentive program. — 404
610	610		(2) As used in this section, the term: 405
611	611		(b) "Health insurer" means an authorized insurer issuing 406
612	612		major medical or other comprehensive coverage through an 407
613	613		individual policy offering health insurance as defined in s. 408
614	614		624.603. 409
615	615		(4)(a) A shared savings incentive offered by a health 410
616	616		insurer in accordance with this sect ion: 411
617	617		1. Is not an administrative expense for rate development 412
618	618		or rate filing purposes and shall be counted as a medical 413
619	619		expense for such purposes . 414
620	620		2. Does not constitute an unfair method of competition or 415
621	621		an unfair or deceptive act or practice under s. 626.9541 and is 416
622	622		presumed to be appropriate unless credible data clearly 417
623	623		demonstrates otherwise. 418
624	624		Section 8. Paragraph (b) of subsection (2) and paragraph 419
625	625		(a) of subsection (4) of section 627.6648, Florida Statutes, are 420
626	626		amended to read: 421
627	627		627.6648 Shared savings incentive program. — 422
628	628		(2) As used in this section, the term: 423
629	629		(b) "Health insurer" means an authorized insurer issuing 424
630	630		major medical or other comprehensive coverage through a group 425
631		-	~~ENROLLED~~
632		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	631	+
	632	+	HB 7089, Engrossed 2 2024
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639	639		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
640	640
641	641
642	642
643	643		policy offering health insurance as defined in s. 624.603 . The 426
644	644		term does not include the state group health insurance program 427
645	645		provided under s. 110.123. 428
646	646		(4)(a) A shared savings incentive offered by a health 429
647	647		insurer in accordance with this section: 430
648	648		1. Is not an administrative expense for rate development 431
649	649		or rate filing purposes and shall be counted as a medical 432
650	650		expense for such purposes . 433
651	651		2. Does not constitute an unfair method of competition or 434
652	652		an unfair or deceptive act or practice under s. 626.9541 and is 435
653	653		presumed to be appropriate unless credible data clear ly 436
654	654		demonstrates otherwise. 437
655	655		Section 9. Paragraph (b) of subsection (2) and paragraph 438
656	656		(a) of subsection (4) of section 641.31076, Florida Statutes, 439
657	657		are amended to read: 440
658	658		641.31076 Shared savings incentive program. — 441
659	659		(2) As used in this section, the ter m: 442
660	660		(b) "Health maintenance organization" means an authorized 443
661	661		health maintenance organization issuing major medical or other 444
662	662		comprehensive coverage through individual or group contract has 445
663	663		the same meaning as provided in s. 641.19 . The term does not 446
664	664		include the state group health insurance program provided under 447
665	665		s. 110.123. 448
666	666		(4) A shared savings incentive offered by a health 449
667	667		maintenance organization in accordance with this section: 450
668		-	~~ENROLLED~~
669		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	668	+
	669	+	HB 7089, Engrossed 2 2024
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671	671
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676	676		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
677	677
678	678
679	679
680	680		(a) Is not an administrative expense for rate development 451
681	681		or rate filing purposes and shall be counted as a medical 452
682	682		expense for such purposes . 453
683	683		Section 10. Paragraphs (a) and (j) of subsection (1) of 454
684	684		section 475.01, Florida Statutes, are amended to read: 455
685	685		475.01 Definitions. — 456
686	686		(1) As used in this part: 457
687	687		(a) "Broker" means a person who, for another, and for a 458
688	688		compensation or valuable consideration directly or indirectly 459
689	689		paid or promised, expressly or impliedly, or with an intent to 460
690	690		collect or receive a compensation or valuable consideration 461
691	691		therefor, appraises, auctio ns, sells, exchanges, buys, rents, or 462
692	692		offers, attempts or agrees to appraise, auction, or negotiate 463
693	693		the sale, exchange, purchase, or rental of business enterprises 464
694	694		or business opportunities or any real property or any interest 465
695	695		in or concerning the same, in cluding mineral rights or leases, 466
696	696		or who advertises or holds out to the public by any oral or 467
697	697		printed solicitation or representation that she or he is engaged 468
698	698		in the business of appraising, auctioning, buying, selling, 469
699	699		exchanging, leasing, or renting busin ess enterprises or business 470
700	700		opportunities or real property of others or interests therein, 471
701	701		including mineral rights, or who takes any part in the procuring 472
702	702		of sellers, purchasers, lessors, or lessees of business 473
703	703		enterprises or business opportunities or the real property of 474
704	704		another, or leases, or interest therein, including mineral 475
705		-	~~ENROLLED~~
706		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	705	+
	706	+	HB 7089, Engrossed 2 2024
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708	708
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713	713		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
714	714
715	715
716	716
717	717		rights, or who directs or assists in the procuring of prospects 476
718	718		or in the negotiation or closing of any transaction which does, 477
719	719		or is calculated to, result in a sale, exchange, or leasing 478
720	720		thereof, and who receives, expects, or is promised any 479
721	721		compensation or valuable consideration, directly or indirectly 480
722	722		therefor; and all persons who advertise rental property 481
723	723		information or lists. A broker renders a professional service 482
724	724		and is a professional within the meaning of s. 95.11(5)(b) s. 483
725	725		95.11(4)(b). Where the term "appraise" or "appraising" appears 484
726	726		in the definition of the term "broker," it specifically excludes 485
727	727		those appraisal services which must be performed only by a 486
728	728		state-licensed or state-certified appraiser, and those appraisal 487
729	729		services which may be performed by a registered trainee 488
730	730		appraiser as defined in part II. The term "broker" also includes 489
731	731		any person who is a general partner, officer, or director of a 490
732	732		partnership or corporatio n which acts as a broker. The term 491
733	733		"broker" also includes any person or entity who undertakes to 492
734	734		list or sell one or more timeshare periods per year in one or 493
735	735		more timeshare plans on behalf of any number of persons, except 494
736	736		as provided in ss. 475.011 and 72 1.20. 495
737	737		(j) "Sales associate" means a person who performs any act 496
738	738		specified in the definition of "broker," but who performs such 497
739	739		act under the direction, control, or management of another 498
740	740		person. A sales associate renders a professional service and is 499
741	741		a professional within the meaning of s. 95.11(5)(b) s. 500
742		-	~~ENROLLED~~
743		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	742	+
	743	+	HB 7089, Engrossed 2 2024
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745	745
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750	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	751
752	752
753	753
754	754		95.11(4)(b). 501
755	755		Section 11. Paragraph (h) of subsection (1) of section 502
756	756		475.611, Florida Statutes, is amended to read: 503
757	757		475.611 Definitions. — 504
758	758		(1) As used in this part, the term: 505
759	759		(h) "Appraiser" means any person who is a registered 506
760	760		trainee real estate appraiser, a licensed real estate appraiser, 507
761	761		or a certified real estate appraiser. An appraiser renders a 508
762	762		professional service and is a professional within the meaning of 509
763	763		s. 95.11(5)(b) s. 95.11(4)(b). 510
764	764		Section 12. Subsection (7) of section 517.191, Florida 511
765	765		Statutes, is amended to read: 512
766	766		517.191 Injunction to restrain violations; civil 513
767	767		penalties; enforcement by Attorney General. — 514
768	768		(7) Notwithstanding s. 95.11(5)(f) s. 95.11(4)(f), an 515
769	769		enforcement action brought under this section based on a 516
770	770		violation of any provision of this chapter or any rule or order 517
771	771		issued under this chapter shall be brought within 6 years after 518
772	772		the facts giving rise to the cause of action were discovered or 519
773	773		should have been discover ed with the exercise of due diligence, 520
774	774		but not more than 8 years after the date such violation 521
775	775		occurred. 522
776	776		Section 13. Subsection (14) of section 768.28, Florida 523
777	777		Statutes, is amended to read: 524
778	778		768.28 Waiver of sovereign immunity in tort actions; 525
779		-	~~ENROLLED~~
780		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	779	+
	780	+	HB 7089, Engrossed 2 2024
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787	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	788
789	789
790	790
791	791		recovery limits; civil liability for damages caused during a 526
792	792		riot; limitation on attorney fees; statute of limitations; 527
793	793		exclusions; indemnification; risk management programs. — 528
794	794		(14) Every claim against the state or one of its agencies 529
795	795		or subdivisions for damages for a negligent or wrongful act or 530
796	796		omission pursuant to this section shall be forever barred unless 531
797	797		the civil action is commenced by filing a complaint in the court 532
798	798		of appropriate jurisdiction within 4 years after such claim 533
799	799		accrues; except that an action for contribution must be 534
800	800		commenced within the limitations provided in s. 768.31(4), and 535
801	801		an action for damages arising from medical malpractice or 536
802	802		wrongful death must be commenced within the limitations for such 537
803	803		actions in s. 95.11(5) s. 95.11(4). 538
804	804		Section 14. Subsection (4) of section 787.061, Florida 539
805	805		Statutes, is amended to read: 540
806	806		787.061 Civil actions by victims of human trafficking. — 541
807	807		(4) STATUTE OF LIMITATIONS. —The statute of limitations as 542
808	808		specified in s. 95.11(8) or (10) s. 95.11(7) or (9), as 543
809	809		applicable, governs an action brought under this section. 544
810	810		Section 15. The requirements of s. 395.301(1)(b), Florida 545
811	811		Statutes, as created by this act, relating to shoppable health 546
812	812		care services, do not apply to ambulatory surgical centers as 547
813	813		defined in s. 395.002, Florida Statutes, until January 1, 2026. 548
814	814		Section 16. The changes made by this act to s. 395.301, 549
815	815		Florida Statutes, relating to good faith estimates, are not 550
816		-	~~ENROLLED~~
817		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	816	+
	817	+	HB 7089, Engrossed 2 2024
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819	819
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824	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
825	825
826	826
827	827
828	828		effective until the United States Department of Health and Human 551
829	829		Services, the United States Department of Labor, and the United 552
830	830		States Department of the Treasury issue a final rule pertaining 553
831	831		to good faith estimates required by section 2799B -6 of the 554
832	832		Public Health Services Act. The Agency for Health Care 555
833	833		Administration shall notify the Division of Law Revision upon 556
834	834		the promulgation of the final rule. 557
835	835		Section 17. The changes made by this act to s. 627.446, 558
836	836		Florida Statutes, relating to advanced explanation of benefits, 559
837	837		are not effective until the United States Department of Health 560
838	838		and Human Services, the United States Department of Labor, and 561
839	839		the United States Department of the Treasury issue final rules 562
840	840		pertaining to advanced explanation of benefits required by 563
841	841		section 2799A-1(f) of the Public Health Services and good faith 564
842	842		estimates required by section 2799B -6 of the Public Health 565
843	843		Services Act. The Office of Insurance Regulation shall notify 566
844	844		the Division of Law Revision upon the promulgation of the final 567
845	845		rule pertaining to advanced explanation of benefits. 568
846	846		Section 18. Present subs ections (3) and (4) of section 569
847	847		409.016, Florida Statutes, are redesignated as subsections (4) 570
848	848		and (5), respectively, and a new subsection (3) is added to that 571
849	849		section, to read: 572
850	850		409.016 Definitions. —As used in this chapter: 573
851	851		(3) "Management functions" me ans: 574
852	852		(a) Planning, directing, organizing, coordinating, and 575
853		-	~~ENROLLED~~
854		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	853	+
	854	+	HB 7089, Engrossed 2 2024
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856	856
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861	861		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
862	862
863	863
864	864
865	865		carrying out oversight duties of the lead agency; or 576
866	866		(b) Contracting for officer or director level staffing in 577
867	867		performance of the planning, directing, organizing, 578
868	868		coordinating, and carrying ou t of oversight duties of the lead 579
869	869		agency. 580
870	870		Section 19. Subsections (3) and (4) and paragraphs (a) and 581
871	871		(b) of subsection (7) of section 409.987, Florida Statutes, are 582
872	872		amended, and paragraph (g) is added to subsection (7) of that 583
873	873		section, to read: 584
874	874		409.987 Lead agency procurement; boards; conflicts of 585
875	875		interest.— 586
876	876		(3) Notwithstanding s. 287.057, the department shall use 587
877	877		5-year contracts with lead agencies. The department may only 588
878	878		extend a contract for a period of 1 to 5 years, in accordance 589
879	879		with s. 287.057, if the lead agency has met performance 590
880	880		expectations within the monitoring evaluation. 591
881	881		(4) In order to serve as a lead agency, an entity must: 592
882	882		(a) Be organized as a Florida corporation or a 593
883	883		governmental entity. 594
884	884		(b) Be governed by a board of directo rs or a board 595
885	885		committee composed of board members. Board members shall provide 596
886	886		oversight and ensure accountability and transparency for the 597
887	887		system of care. The board of directors shall provide fiduciary 598
888	888		oversight to prevent conflicts of interest, promote 599
889	889		accountability and transparency, and protect state and federal 600
890		-	~~ENROLLED~~
891		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	890	+
	891	+	HB 7089, Engrossed 2 2024
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894	894
895	895		CODING: Words stricken are deletions; words underlined are additions.
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898	898		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
899	899
900	900
901	901
902	902		funding from misuse. The board of directors shall act in 601
903	903		accordance with s. 617.0830. The membership of the board of 602
904	904		directors or board committee must be described in the bylaws or 603
905	905		articles of incorporation of each lead agency, which must 604
906	906		provide that at least 75 percent of the membership of the board 605
907	907		of directors or board committee must be composed consist of 606
908	908		persons residing in this state, and at least 51 percent of the 607
909	909		state residents on the b oard of directors must reside within the 608
910	910		service area of the lead agency. The lead agency shall ensure 609
911	911		that board members participate in annual training related to 610
912	912		their responsibilities. The department shall set forth minimum 611
913	913		training criteria in the cont racts with the lead agencies. 612
914	914		However, for procurements of lead agency contracts initiated on 613
915	915		or after July 1, 2014: 614
916	916		1. At least 75 percent of the membership of the board of 615
917	917		directors must be composed consist of persons residing in this 616
918	918		state, and at least 51 percent of the membership of the board of 617
919	919		directors must be composed consist of persons residing within 618
920	920		the service area of the lead agency. If a board committee 619
921	921		governs the lead agency, 100 percent of its membership must be 620
922	922		composed consist of persons residing within the service area of 621
923	923		the lead agency. 622
924	924		2. The powers of the board of directors or board committee 623
925	925		include, but are not limited to, approving the lead agency's 624
926	926		budget and setting the lead agency's operational policy and 625
927		-	~~ENROLLED~~
928		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	927	+
	928	+	HB 7089, Engrossed 2 2024
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930	930
931	931
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935	935		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
936	936
937	937
938	938
939	939		procedures. A board of directors must additionally have the 626
940	940		power to hire the lead agency's executive director, unless a 627
941	941		board committee governs the lead agency, in which case the board 628
942	942		committee must have the power to confirm the selection of the 629
943	943		lead agency's executive di rector. 630
944	944		(c) Demonstrate financial responsibility through an 631
945	945		organized plan for regular fiscal audits ; and the posting of a 632
946	946		performance bond; and the posting of a fidelity bond to cover 633
947	947		any costs associated with reprocurement and the assessed 634
948	948		penalties related to a failure to disclose a conflict of 635
949	949		interest under subsection (7) . 636
950	950		(7)(a) As used in this subsection, the term: 637
951	951		1. "Activity" includes, but is not limited to, a contract 638
952	952		for goods and services, a contract for the purchase of any real 639
953	953		or tangible property, or an agreement to engage with a lead 640
954	954		agency for the benefit of a third party in exchange for an 641
955	955		interest in real or tangible property, a monetary benefit, or an 642
956	956		in-kind contribution. 643
957	957		2. "Conflict of interest" means when a board member , a 644
958	958		director, or an officer, or a relative of a board member , a 645
959	959		director, or an officer, of a lead agency does any of the 646
960	960		following: 647
961	961		a. Enters into a contract or other transaction for goods 648
962	962		or services with the lead agency. 649
963	963		b. Holds a direct or indirect in terest in a corporation, 650
964		-	~~ENROLLED~~
965		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	964	+
	965	+	HB 7089, Engrossed 2 2024
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967	967
968	968
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972	972		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
973	973
974	974
975	975
976	976		limited liability corporation, partnership, limited liability 651
977	977		partnership, or other business entity that conducts business 652
978	978		with the lead agency or proposes to enter into a contract or 653
979	979		other transaction with the lead agency. For pur poses of this 654
980	980		paragraph, the term "indirect interest" has the same meaning as 655
981	981		in s. 112.312. 656
982	982		c. Knowingly obtains a direct or indirect personal, 657
983	983		financial, professional, or other benefit as a result of the 658
984	984		relationship of such board member , director, or officer, or 659
985	985		relative of the board member , director, or officer, with the 660
986	986		lead agency. For purposes of this paragraph, the term "benefit" 661
987	987		does not include per diem and travel expenses paid or reimbursed 662
988	988		to board members or officers of the lead agency in con nection 663
989	989		with their service on the board. 664
990	990		3. "Related party" means any entity of which a director or 665
991	991		an officer of the entity is also directly or indirectly related 666
992	992		to, or has a direct or indirect financial or other material 667
993	993		interest in, the lead agency. The term also includes any 668
994	994		subsidiary firm, parent entity, associate firm, or joint 669
995	995		venture. Lead agencies that hold more than one lead agency 670
996	996		contract with the department may request an exemption from the 671
997	997		department for specific related party requirements . 672
998	998		4.3. "Relative" means a relative within the third degree 673
999	999		of consanguinity by blood or marriage. 674
1000	1000		(b)1. For any activity that is presented to the board of a 675
1001		-	~~ENROLLED~~
1002		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
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	1002	+	HB 7089, Engrossed 2 2024
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1004	1004
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1009	1009		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
1010	1010
1011	1011
1012	1012
1013	1013		lead agency for its initial consideration and approval after 676
1014	1014		July 1, 2021, or any activity that involves a contract that is 677
1015	1015		being considered for renewal on or after July 1, 2021, but 678
1016	1016		before January 1, 2022 , a board member, a director, or an 679
1017	1017		officer of a lead agency shall disclose to the board any 680
1018	1018		activity that may reasonably be construed to be a con flict of 681
1019	1019		interest before such activity is initially considered and 682
1020	1020		approved or a contract is renewed by the board. A rebuttable 683
1021	1021		presumption of a conflict of interest exists if the activity was 684
1022	1022		acted on by the board without prior notice as required under 685
1023	1023		paragraph (c). The board shall disclose any known actual or 686
1024	1024		potential conflicts to the department. 687
1025	1025		2. A lead agency may not enter into a contract or be a 688
1026	1026		party to any transaction with related parties if a conflict of 689
1027	1027		interest is not properly disclosed. A l ead agency may not enter 690
1028	1028		into a contract with a related party for officer -level or 691
1029	1029		director-level staffing to perform management functions. The 692
1030	1030		contract with the department and lead agency must specify the 693
1031	1031		administrative functions that the lead agency may subcontract 694
1032	1032		For contracts with a lead agency which are in existence on July 695
1033	1033		1, 2021, and are not subject to renewal before January 1, 2022, 696
1034	1034		a board member or an officer of the lead agency shall disclose 697
1035	1035		to the board any activity that may reasonably be cons trued to be 698
1036	1036		a conflict of interest under this section by December 31, 2021 . 699
1037	1037		3. Subject to the requirements of subparagraph 2., a lead 700
1038		-	~~ENROLLED~~
1039		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	1038	+
	1039	+	HB 7089, Engrossed 2 2024
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1041	1041
1042	1042
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1046	1046		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
1047	1047
1048	1048
1049	1049
1050	1050		agency may enter into a contract or be a party to any 701
1051	1051		transaction with related parties as long as the fee, rate, or 702
1052	1052		price paid by the lead agency for the commodities or services 703
1053	1053		being procured does not exceed the fair market value for such 704
1054	1054		commodities or services. The lead agency shall disclose any 705
1055	1055		known actual or potential conflicts to the department. 706
1056	1056		(g)1. All department contracts with lead agencies must 707
1057	1057		contain the following contractual penalty provisions: 708
1058	1058		a. Penalties in the amount of $5,000 per occurrence must 709
1059	1059		be imposed for each known and potential conflict of interest, as 710
1060	1060		described in paragraph (b), which is n ot disclosed to the 711
1061	1061		department. 712
1062	1062		b. If a contract is executed for which a conflict of 713
1063	1063		interest was not disclosed to the department before execution of 714
1064	1064		the contract, the following penalties apply: 715
1065	1065		(I) A penalty in the amount of $20,000 for a first 716
1066	1066		offense. 717
1067	1067		(II) A penalty in the amount of $30,000 for a second or 718
1068	1068		subsequent offense. 719
1069	1069		(III) Removal of the board member who did not disclose a 720
1070	1070		known conflict of interest. 721
1071	1071		2. The penalties for failure to disclose a conflict of 722
1072	1072		interest under sub-subparagraphs 1.a. and 1.b. apply to any 723
1073	1073		contract entered into, regardless of the method of procurement, 724
1074	1074		including, but not limited to, formal procurement, single -source 725
1075		-	~~ENROLLED~~
1076		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	1075	+
	1076	+	HB 7089, Engrossed 2 2024
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1078	1078
1079	1079
1080	1080		CODING: Words stricken are deletions; words underlined are additions.
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1083	1083		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
1084	1084
1085	1085
1086	1086
1087	1087		contracts, and contracts that do not meet the minimum threshold 726
1088	1088		for formal procurement. 727
1089	1089		3. A contract procured for which a conflict of interest 728
1090	1090		was not disclosed to the department before execution of the 729
1091	1091		contract must be reprocured. The department shall recoup from 730
1092	1092		the lead agency expenses related to a contract that was executed 731
1093	1093		without disclosure of a conflict of interest. 732
1094	1094		Section 20. Paragraphs (c), (j), and (k) of subsection (1) 733
1095	1095		of section 409.988, Florida Statutes, are amended to read: 734
1096	1096		409.988 Community-based care lead agency duties; general 735
1097	1097		provisions.— 736
1098	1098		(1) DUTIES.—A lead agency: 737
1099	1099		(c) Shall follow the financial guidelines developed by the 738
1100	1100		department and shall comply with regular, independent auditing 739
1101	1101		of its financial activities, including any requests for records 740
1102	1102		associated with such financial audits within the timeframe 741
1103	1103		established by the department or its contracted vendors provide 742
1104	1104		for a regular independent auditing of its financial activities . 743
1105	1105		The results of the financial audit must Such financial 744
1106	1106		information shall be provided to the community alliance 745
1107	1107		established under s. 20.19(5). 746
1108	1108		(j)1. May subcontract for the provision of services , 747
1109	1109		excluding subcontracts with a related party for officer -level or 748
1110	1110		director-level staffing to perform management functions, 749
1111	1111		required by the contract with the lead agency and the 750
1112		-	~~ENROLLED~~
1113		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	1112	+
	1113	+	HB 7089, Engrossed 2 2024
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1115	1115
1116	1116
1117	1117		CODING: Words stricken are deletions; words underlined are additions.
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1120	1120		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
1121	1121
1122	1122
1123	1123
1124	1124		department; however, the sub contracts must specify how the 751
1125	1125		provider will contribute to the lead agency meeting the 752
1126	1126		performance standards established pursuant to the child welfare 753
1127	1127		results-oriented accountability system required by s. 409.997. 754
1128	1128		Any contract with an unrelated entity for officer-level or 755
1129	1129		director-level staffing to perform management functions must 756
1130	1130		adhere to the executive compensation provision in s. 409.992(3). 757
1131	1131		2. The lead agency Shall directly provide no more than 35 758
1132	1132		percent of all child welfare services provided unless it can 759
1133	1133		demonstrate a need, within the lead agency's geographic service 760
1134	1134		area, where there is a lack of qualified providers available to 761
1135	1135		perform necessary services. The approval period for an exemption 762
1136	1136		to exceed the 35 percent threshold is limited to 2 year s to 763
1137	1137		exceed this threshold . To receive approval, the lead agency must 764
1138	1138		create and submit to the department through the lead agency's 765
1139	1139		local community alliance a detailed report of all efforts to 766
1140	1140		recruit a qualified provider to perform the necessary services 767
1141	1141		in that geographic service area. The local community alliance in 768
1142	1142		the geographic service area in which the lead agency is seeking 769
1143	1143		to exceed the threshold shall review the lead agency's 770
1144	1144		justification for need and recommend to the department whether 771
1145	1145		the department should approve or deny the lead agency's request 772
1146	1146		for an exemption from the services threshold. If there is not a 773
1147	1147		community alliance operating in the geographic service area in 774
1148	1148		which the lead agency is seeking to exceed the threshold, such 775
1149		-	~~ENROLLED~~
1150		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	1149	+
	1150	+	HB 7089, Engrossed 2 2024
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1152	1152
1153	1153
1154	1154		CODING: Words stricken are deletions; words underlined are additions.
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1157	1157		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
1158	1158
1159	1159
1160	1160
1161	1161		review and recommendation shall be made by representatives of 776
1162	1162		local stakeholders, including at least one representative from 777
1163	1163		each of the following: 778
1164	1164		a.1. The department. 779
1165	1165		b.2. The county government. 780
1166	1166		c.3. The school district. 781
1167	1167		d.4. The county United Way. 782
1168	1168		e.5. The county sheriff's office. 783
1169	1169		f.6. The circuit court corresponding to the county. 784
1170	1170		g.7. The county children's board, if one exists. 785
1171	1171		786
1172	1172		The lead agency may request a renewal of the exemption allowing 787
1173	1173		the lead agency to directly provide child welfare servi ces by 788
1174	1174		following the process outlined in this subparagraph. The 789
1175	1175		approval period for an exemption renewal is limited to 2 years. 790
1176	1176		If, after the expiration of the exemption, the department 791
1177	1177		determines the lead agency is not making a good faith effort to 792
1178	1178		recruit a qualified provider, the department may deny the 793
1179	1179		renewal request and require reprocurement. 794
1180	1180		3. Upon approving any exemption that allows a lead agency 795
1181	1181		to directly provide more than 40 percent of all child welfare 796
1182	1182		services provided, the department shall require the lead agency 797
1183	1183		to undergo an operational audit by the Auditor General to 798
1184	1184		examine the lead agency's procurement of and financial 799
1185	1185		arrangements for providing such services. The audit shall, at a 800
1186		-	~~ENROLLED~~
1187		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	1186	+
	1187	+	HB 7089, Engrossed 2 2024
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1189	1189
1190	1190
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1194	1194		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
1195	1195
1196	1196
1197	1197
1198	1198		minimum, examine the costs incurred and any payments m ade by the 801
1199	1199		lead agency to itself for services directly provided by the lead 802
1200	1200		agency compared to any procurement solicitations by the lead 803
1201	1201		agency, and assess the adequacy of the efforts to obtain 804
1202	1202		services from subcontractors and the resulting cost and cost -805
1203	1203		effectiveness of the services provided directly by the lead 806
1204	1204		agency. The Auditor General shall conduct such audits upon 807
1205	1205		notification by the department. 808
1206	1206		(k) Shall publish on its website by the 15th day of each 809
1207	1207		month at a minimum the data specified in subparagraphs 1.-10. 810
1208	1208		subparagraphs 1.-5., calculated using a standard methodology 811
1209	1209		determined by the department, for the preceding calendar month 812
1210	1210		regarding its case management services. The following 813
1211	1211		information shall be reported by each individual subcontracted 814
1212	1212		case management provider, by the lead agency, if the lead agency 815
1213	1213		provides case management services, and in total for all case 816
1214	1214		management services subcontracted or directly provided by the 817
1215	1215		lead agency: 818
1216	1216		1. The average caseload of case managers, including o nly 819
1217	1217		filled positions; 820
1218	1218		2. The total number and percentage of case managers who 821
1219	1219		have 25 or more cases on their caseloads; 822
1220	1220		3. The turnover rate for case managers and case management 823
1221	1221		supervisors for the previous 12 months; 824
1222	1222		4. The percentage of required home visits completed; and 825
1223		-	~~ENROLLED~~
1224		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	1223	+
	1224	+	HB 7089, Engrossed 2 2024
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1226	1226
1227	1227
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1231	1231		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
1232	1232
1233	1233
1234	1234
1235	1235		5. Performance on outcome measures required pursuant to s. 826
1236	1236		409.997 for the previous 12 months ;. 827
1237	1237		6. The number of unlicensed placements for the previous 828
1238	1238		month; 829
1239	1239		7. The percentages and trends for foster parent and group 830
1240	1240		home recruitment and licensure for the previous month; 831
1241	1241		8. The percentage of families being served through family 832
1242	1242		support services, in -home services, and out -of-home services for 833
1243	1243		the previous month; 834
1244	1244		9. The percentage of cases th at were converted from 835
1245	1245		nonjudicial to judicial for the previous month; and 836
1246	1246		10. Children's legal service staffing rates. 837
1247	1247		Section 21. Section 409.991, Florida Statutes, is 838
1248	1248		repealed. 839
1249	1249		Section 22. Section 409.9913, Florida Statutes, is created 840
1250	1250		to read: 841
1251	1251		409.9913 Funding methodology to allocate funding to lead 842
1252	1252		agencies.— 843
1253	1253		(1) As used in this section, the term: 844
1254	1254		(a) "Core services funding" means all funds allocated to 845
1255	1255		lead agencies. The term does not include any of the following: 846
1256	1256		1. Funds appropriat ed for independent living services. 847
1257	1257		2. Funds appropriated for maintenance adoption subsidies. 848
1258	1258		3. Funds allocated by the department for child protective 849
1259	1259		investigation service training. 850
1260		-	~~ENROLLED~~
1261		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
	1260	+
	1261	+	HB 7089, Engrossed 2 2024
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1263	1263
1264	1264
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1268	1268		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
1269	1269
1270	1270
1271	1271
1272	1272		4. Nonrecurring funds. 851
1273	1273		5. Designated mental health wrap -around service funds. 852
1274	1274		6. Funds for special projects for a designated lead 853
1275	1275		agency. 854
1276	1276		7. Funds appropriated for the Guardianship Assistance 855
1277	1277		Program established under s. 39.6225. 856
1278	1278		(b) "Operational and fixed costs" means: 857
1279	1279		1. Administrative expenditures, including , but not limited 858
1280	1280		to, information technology and human resources functions. 859
1281	1281		2. Lease payments. 860
1282	1282		3. Asset depreciation. 861
1283	1283		4. Utilities. 862
1284	1284		5. Administrative components of case management. 863
1285	1285		6. Mandated activities such as training, quality 864
1286	1286		improvement, or contract management. 865
1287	1287		(2) The department shall develop, in collaboration with 866
1288	1288		lead agencies and providers of child welfare services, a funding 867
1289	1289		methodology for allocating core services funding to lead 868
1290	1290		agencies which, at a minimum: 869
1291	1291		(a) Is actuarially soun d. 870
1292	1292		(b) Is reimbursement -based. 871
1293	1293		(c) Is designed to incentivize efficient and effective 872
1294	1294		lead agency operation, prevention, family preservation, and 873
1295	1295		permanency. 874
1296	1296		(d) Considers variable costs, including, but not limited 875
1297		-	~~ENROLLED~~
1298		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
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	1298	+	HB 7089, Engrossed 2 2024
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1300	1300
1301	1301
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1305	1305		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
1306	1306
1307	1307
1308	1308
1309	1309		to: 876
1310	1310		1. Direct costs for in -home and out-of-home care for 877
1311	1311		children served by the lead agencies. 878
1312	1312		2. Direct costs for prevention services. 879
1313	1313		3. Operational and fixed costs. 880
1314	1314		(e) Is scaled regionally for cost -of-living factors. 881
1315	1315		(3) The lead agencies and providers shall submit any 882
1316	1316		detailed cost and expenditure data that the department requests 883
1317	1317		for the development of the funding methodology. 884
1318	1318		(4) The department shall submit a report to the Governor, 885
1319	1319		the President of the Senate, and the Speaker of the House of 886
1320	1320		Representatives by December 1 , 2024, which, at a minimum: 887
1321	1321		(a) Describes a proposed funding methodology and formula 888
1322	1322		that will provide for the annual budget of each lead agency, 889
1323	1323		including, but not limited to, how the proposed methodology will 890
1324	1324		meet the criteria specified in subsection (2). 891
1325	1325		(b) Describes the data used to develop the methodology and 892
1326	1326		the data that will be used to annually calculate the proposed 893
1327	1327		lead agency budget. 894
1328	1328		(c) Specifies proposed rates and total allocations for 895
1329	1329		each lead agency. The allocations must ensure that the total of 896
1330	1330		all amounts allocated to lead agencies under the funding 897
1331	1331		methodology does not exceed the total amount appropriated to 898
1332	1332		lead agencies in the 2024 -2025 General Appropriations Act. 899
1333	1333		(d) Provides risk mitigation recommendations that ensure 900
1334		-	~~ENROLLED~~
1335		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
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	1335	+	HB 7089, Engrossed 2 2024
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1337	1337
1338	1338
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1342	1342		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
1343	1343
1344	1344
1345	1345
1346	1346		that lead agencies do not experience a reduction in funding that 901
1347	1347		would be detrimental to operations or result in a reduction in 902
1348	1348		services to children. 903
1349	1349		(5) By October 31, 2025, and each October 31 thereafter, 904
1350	1350		the department shall submit a report to the Governor, the 905
1351	1351		President of the Senate, and the Speaker of the House of 906
1352	1352		Representatives which includes recommendations for adjustments 907
1353	1353		to the funding methodology for the next fiscal year, calculated 908
1354	1354		using the criteria in subsection (2). Such recommendations must, 909
1355	1355		at a minimum, be based on updated expenditure data, cost -of-910
1356	1356		living adjustments, market dynamics, or other catchment area 911
1357	1357		variations. The total of all amounts proposed for allocation to 912
1358	1358		lead agencies under the funding methodology for the subsequent 913
1359	1359		fiscal year may not exceed the total amount appropriated in the 914
1360	1360		General Appropriations Act for core services funding in the 915
1361	1361		present fiscal year. The funding methodology must include risk 916
1362	1362		mitigation strategies that ensure that lead agencies do not 917
1363	1363		experience a reducti on in funding that would be detrimental to 918
1364	1364		operations or result in a reduction in services to children. 919
1365	1365		(6)(a) The requirements of this section do not replace, 920
1366	1366		and are in addition to, any requirements of chapter 216, 921
1367	1367		including, but not limited to, submis sion of final legislative 922
1368	1368		budget requests by the department under s. 216.023. 923
1369	1369		(b) The data and reports required under subsections (4) 924
1370	1370		and (5) may also include proposed rates and total allocations 925
1371		-	~~ENROLLED~~
1372		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
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	1372	+	HB 7089, Engrossed 2 2024
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1374	1374
1375	1375
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1379	1379		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
1380	1380
1381	1381
1382	1382
1383	1383		for each lead agency which reflect any additional core ser vices 926
1384	1384		funding for lead agencies which is requested by the department 927
1385	1385		under s. 216.023. 928
1386	1386		(7)(a) Beginning with the 2025 -2026 fiscal year, the 929
1387	1387		Legislature shall allocate funding to lead agencies through the 930
1388	1388		General Appropriations Act with due consideration of the funding 931
1389	1389		methodology developed under this section. 932
1390	1390		(b) The department may not change the allocation of funds 933
1391	1391		to a lead agency as provided in the General Appropriations Act 934
1392	1392		without legislative approval. The department may approve 935
1393	1393		additional risk pool funding for a lead agency as provided under 936
1394	1394		s. 409.990. 937
1395	1395		(8) The department shall provide to the Governor, the 938
1396	1396		President of the Senate, and the Speaker of the House of 939
1397	1397		Representatives monthly reports from July through October 2024 940
1398	1398		which provide updates on activities and progress in developing 941
1399	1399		the funding methodology. 942
1400	1400		Section 23. Subsections (1) and (3) of section 409.992, 943
1401	1401		Florida Statutes, are amended to read: 944
1402	1402		409.992 Lead agency expenditures. — 945
1403	1403		(1) The procurement of commodities or contractual se rvices 946
1404	1404		by lead agencies is shall be governed by the financial 947
1405	1405		guidelines developed by the department and must comply with 948
1406	1406		applicable state and federal law and follow good business 949
1407	1407		practices. Pursuant to s. 11.45, the Auditor General may provide 950
1408		-	~~ENROLLED~~
1409		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
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1411	1411
1412	1412
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1416	1416		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
1417	1417
1418	1418
1419	1419
1420	1420		technical advice in the development of the financial guidelines. 951
1421	1421		(a)1. Lead agencies shall competitively procure all 952
1422	1422		contracts, consistent with the federal simplified acquisition 953
1423	1423		threshold. 954
1424	1424		2. Lead agencies shall competitively procure all contracts 955
1425	1425		in excess of $35,000 with related parties. 956
1426	1426		3. Financial penalties or sanctions, as established by the 957
1427	1427		department and incorporated into the contract, must be imposed 958
1428	1428		by the department for noncompliance with applicable local, 959
1429	1429		state, or federal law for the procurement of commodities or 960
1430	1430		contractual services. 961
1431	1431		(b) The contract between the department and the lead 962
1432	1432		agency must delineate the rights and obligations of the lead 963
1433	1433		agency concerning the acquisition, transfer, or other 964
1434	1434		disposition of real property. At a minimum, the contract must: 965
1435	1435		1. Require the lead agency to follow all federal law on 966
1436	1436		the acquisition, improvement, transfer, or disposition of real 967
1437	1437		property acquired by the lead agency using federal dollars. 968
1438	1438		2. Beginning July 1, 2024, require the department to 969
1439	1439		approve any sale, transfer, or disposition of real property 970
1440	1440		acquired and held by the lead agency using state funds. 971
1441	1441		(3) Notwithstanding any other provision of law, a 972
1442	1442		community-based care lead agency administrative employee may not 973
1443	1443		receive a salary, whether ba se pay or base pay combined with any 974
1444	1444		bonus or incentive payments, in excess of 150 percent of the 975
1445		-	~~ENROLLED~~
1446		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
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	1446	+	HB 7089, Engrossed 2 2024
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1448	1448
1449	1449
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1453	1453		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
1454	1454
1455	1455
1456	1456
1457	1457		annual salary paid to the secretary of the Department of 976
1458	1458		Children and Families from state -appropriated funds, including 977
1459	1459		state-appropriated federal funds. This limitation applies 978
1460	1460		regardless of the number of contracts a community -based care 979
1461	1461		lead agency may execute with the department. This subsection 980
1462	1462		does not prohibit any party from providing cash that is not from 981
1463	1463		appropriated state funds to a community -based care lead agency 982
1464	1464		administrative employee. 983
1465	1465		Section 24. Paragraph (d) of subsection (1) of section 984
1466	1466		409.994, Florida Statutes, is amended to read: 985
1467	1467		409.994 Community-based care lead agencies; receivership. — 986
1468	1468		(1) The Department of Children and Families may petition a 987
1469	1469		court of competent jurisdiction for the appointment of a 988
1470	1470		receiver for a community -based care lead agency established 989
1471	1471		pursuant to s. 409.987 if any of the following conditions exist: 990
1472	1472		(d) The lead agency cannot meet , or is unlikely to meet, 991
1473	1473		its current financial obligations to its employees, contractors, 992
1474	1474		or foster parents. Issuance of bad checks or the existence of 993
1475	1475		delinquent obligations for payment of salaries, utilities, or 994
1476	1476		invoices for essential services or commodities constitutes shall 995
1477	1477		constitute prima facie evidence that the lead agency lacks the 996
1478	1478		financial ability to meet its financial obligations. 997
1479	1479		Section 25. Paragraph (d) of subsection (1) of section 998
1480	1480		409.996, Florida Statutes, is amended to read: 999
1481	1481		409.996 Duties of the Department of Ch ildren and 1000
1482		-	~~ENROLLED~~
1483		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
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1485	1485
1486	1486
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1490	1490		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
1491	1491
1492	1492
1493	1493
1494	1494		Families.—The department shall contract for the delivery, 1001
1495	1495		administration, or management of care for children in the child 1002
1496	1496		protection and child welfare system. In doing so, the department 1003
1497	1497		retains responsibility for the quality of contracted servi ces 1004
1498	1498		and programs and shall ensure that, at a minimum, services are 1005
1499	1499		delivered in accordance with applicable federal and state 1006
1500	1500		statutes and regulations and the performance standards and 1007
1501	1501		metrics specified in the strategic plan created under s. 1008
1502	1502		20.19(1). 1009
1503	1503		(1) The department shall enter into contracts with lead 1010
1504	1504		agencies for the performance of the duties by the lead agencies 1011
1505	1505		established in s. 409.988. At a minimum, the contracts must do 1012
1506	1506		all of the following: 1013
1507	1507		(d) Provide for contractual actions tiered interventions 1014
1508	1508		and graduated penalties for failure to comply with contract 1015
1509	1509		terms or in the event of performance deficiencies , as determined 1016
1510	1510		appropriate by the department . 1017
1511	1511		1. Such contractual actions must interventions and 1018
1512	1512		penalties shall include, but are not limit ed to: 1019
1513	1513		a.1. Enhanced monitoring and reporting. 1020
1514	1514		b.2. Corrective action plans. 1021
1515	1515		c.3. Requirements to accept technical assistance and 1022
1516	1516		consultation from the department under subsection (6). 1023
1517	1517		d.4. Financial penalties, as a matter of contract. The 1024
1518	1518		financial penalties assessed by the department on the lead 1025
1519		-	~~ENROLLED~~
1520		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
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1522	1522
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1527	1527		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
1528	1528
1529	1529
1530	1530
1531	1531		agency revert to the state which shall require a lead agency to 1026
1532	1532		reallocate funds from administrative costs to direct care for 1027
1533	1533		children. 1028
1534	1534		e.5. Early termination of contracts, as provided in s. 1029
1535	1535		402.7305(3)(f) s. 402.1705(3)(f). 1030
1536	1536		2. No later than January 1, 2025, the department shall 1031
1537	1537		ensure that each lead agency contract executed includes a list 1032
1538	1538		of financial penalties for failure to comply with contractual 1033
1539	1539		requirements. 1034
1540	1540		Section 26. By September 30, 2024, and February 1, 2025, 1035
1541	1541		respectively, the Department of Children and Families shall 1036
1542	1542		submit a report to the Governor, the President of the Senate, 1037
1543	1543		and the Speaker of the House of Representatives on rules and 1038
1544	1544		policies adopted and other actions taken t o implement this act. 1039
1545	1545		Section 27. There is established the Future of Child 1040
1546	1546		Protection Contracting and Funding Workgroup within the 1041
1547	1547		Department of Children and Families. The department shall 1042
1548	1548		convene the workgroup and is responsible for producing and 1043
1549	1549		submitting a report of the workgroup's findings and 1044
1550	1550		recommendations to the Governor, the President of the Senate, 1045
1551	1551		and the Speaker of the House of Representatives by October 15, 1046
1552	1552		2025. 1047
1553	1553		(1)(a) The Secretary of Children and Families, or his or 1048
1554	1554		her designee, shall chair the workgroup and shall invite the 1049
1555	1555		following persons to participate as members of the workgroup: 1050
1556		-	~~ENROLLED~~
1557		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
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	1557	+	HB 7089, Engrossed 2 2024
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1559	1559
1560	1560
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1564	1564		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
1565	1565
1566	1566
1567	1567
1568	1568		1. The Secretary of Health Care Administration, or his or 1051
1569	1569		her designee. 1052
1570	1570		2. The Secretary of Management Services, or his or her 1053
1571	1571		designee. 1054
1572	1572		(b) The Secretary of Children and Families, or his or her 1055
1573	1573		designee, shall appoint the following individuals as members of 1056
1574	1574		the workgroup: 1057
1575	1575		1. An employee of a community -based care lead agency with 1058
1576	1576		executive-level experience. 1059
1577	1577		2. A current contractor for lead agen cy child protection 1060
1578	1578		services. 1061
1579	1579		3. Two representatives of a direct provider of child 1062
1580	1580		protection or child welfare services. 1063
1581	1581		4. A member of the Family Law Section of The Florida Bar 1064
1582	1582		or a member of the court exercising jurisdiction over family law 1065
1583	1583		matters. 1066
1584	1584		5. A representative of a for -profit managed care entity. 1067
1585	1585		6. A representative from the Florida Institute for Child 1068
1586	1586		Welfare. 1069
1587	1587		7. Any additional members the department deems 1070
1588	1588		appropriate. 1071
1589	1589		(2) The report submitted by the department must, at a 1072
1590	1590		minimum: 1073
1591	1591		(a) Examine the current contracting methods for the 1074
1592	1592		provision of all foster care and related services. 1075
1593		-	~~ENROLLED~~
1594		-	HB 7089, Engrossed 2 2024 ~~Legislature~~
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1601	1601		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
1602	1602
1603	1603
1604	1604
1605	1605		(b) Consider the unique regional needs of children and 1076
1606	1606		families at risk of abuse and neglect. 1077
1607	1607		(c) Identify current barriers to implementing federally 1078
1608	1608		approved Title IV-E prevention services. 1079
1609	1609		(d) Recommend changes to existing laws, rules, and 1080
1610	1610		policies necessary to implement the workgroup's recommendations. 1081
1611	1611		(3) The workgroup shall terminate immediately after the 1082
1612	1612		Secretary of Children and Families sub mits the report to the 1083
1613	1613		Governor, the President of the Senate, and the Speaker of the 1084
1614	1614		House of Representatives. 1085
1615	1615		Section 28. This act shall take effect July 1, 2024. 1086