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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
1
An act relating to transparency in health and human 2
services; amending s. 95.11, F.S.; establishing a 3 -3
year statute of limitations for an action to collect 4
medical debt for services rendered by a health care 5
provider or facility; creating s. 222.26, F.S.; 6
providing additional personal property exemptions from 7
legal process for medical debts resulting from 8
services provided in certain licensed facilities; 9
amending s. 395.301, F.S.; requiring a licensed 10
facility to post on its website a consumer -friendly 11
list of standard charges for a minimum number of 12
shoppable health care services or a price estimator 13
tool meeting certain requirements; providing 14
definitions; requiring a licensed facility to provide 15
an estimate to a patient or prospective patient and 16
the patient's health insurer within specified 17
timeframes; requiring a licensed facility to establish 18
an internal grievance process for patients to dispute 19
charges; requiring a facility to make available 20
information necessary for initiating a grievance; 21
requiring a facility to respond to a patient grievance 22
within a specified timeframe; requiring a licensed 23
facility to disclose specified information relating to 24
cost-sharing obligations to certain persons; providing 25
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a penalty; creating s. 395.3011, F.S.; defining the 26
term "extraordinary collection action"; prohibiting 27
certain collection activities by a licensed facility; 28
amending s. 624.27, F.S.; revising the definition of 29
the term "health care provider"; creating s. 627.446, 30
F.S.; defining the term "health insurer"; requiring 31
each health insurer to provide insureds with an 32
advanced explanation of benefits within specified 33
timeframes; providing requirements for the advan ced 34
explanation of benefits; amending ss. 627.6387 and 35
627.6648, F.S.; revising the definition of the term 36
"health insurer"; providing that a shared savings 37
incentive offered by a health insurer constitutes a 38
medical expense for rate development and rate f iling 39
purposes for individual and group health insurance 40
policies, respectively; amending s. 641.31076, F.S.; 41
revising the definition of the term "health 42
maintenance organization"; providing that a shared 43
savings incentive offered by a health maintenance 44
organization constitutes a medical expense for rate 45
development and rate filing purposes for individual or 46
group health maintenance contracts; amending ss. 47
475.01, 475.611, 517.191, 768.28, and 787.061, F.S.; 48
conforming provisions to changes made by the act ; 49
providing applicability; requiring the Agency for 50
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Health Care Administration and the Office of Insurance 51
Regulation to notify the Division of Law Revision upon 52
the promulgation of certain federal rules; amending s. 53
409.016, F.S.; defining the term "manag ement 54
functions"; amending s. 409.987, F.S.; revising 55
requirements for contracts the Department of Children 56
and Families has with community -based care lead 57
agencies; providing duties for board members of lead 58
agencies; requiring lead agencies to ensure tha t board 59
members participate in certain annual training; 60
requiring the posting of a fidelity bond; revising the 61
definition of the term "conflict of interest"; 62
defining the term "related party"; requiring the lead 63
agency's board of directors to disclose to t he 64
department any known actual or potential conflicts of 65
interest; prohibiting a lead agency from entering into 66
a contract or being a party to any transaction with 67
related parties if a conflict of interest is not 68
properly disclosed; prohibiting a lead agen cy from 69
entering into a contract or being a party to any 70
transaction with related parties for officer -level or 71
director-level staffing to perform management 72
functions; requiring that the contract with the 73
department and the lead agency specify the 74
administrative functions that the lead agency may 75
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subcontract; authorizing a lead agency to enter into 76
certain contracts or be a party to certain 77
transactions, provided that a certain requirement for 78
fees, rates, and prices paid is met and any conflict 79
of interest is properly disclosed; requiring that 80
department contracts impose contractual penalties on 81
lead agencies for undisclosed conflicts of interest; 82
providing applicability; requiring that certain 83
contracts be reprocured; authorizing the department to 84
recoup lead agency expenses for the execution of 85
certain contracts; amending s. 409.988, F.S.; revising 86
lead agency duties; specifying requirements for and 87
limitations on an exemption for lead agencies from 88
certain contract requirements; providing for renewal 89
of the exemption; authorizing the department to deny 90
an exemption renewal request under certain 91
circumstances; requiring such lead agencies to undergo 92
an operational audit by the Auditor General; 93
specifying requirements for the audit; requiring the 94
Auditor General to conduct such audits upon 95
notification by the department; repealing s. 409.991, 96
F.S., relating to allocation of funds for community -97
based care lead agencies; creating s. 409.9913, F.S.; 98
defining the terms "core services funding" and 99
"operational and fixed costs"; requiring the 100
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department, in collaboration with the lead agencies 101
and providers of child welfare services, to develop a 102
specific funding methodology for the allocation of 103
core services which must meet certain criteria; 104
requiring the lead age ncies and providers of child 105
welfare services to submit to the department certain 106
financial information; requiring the department to 107
submit to the Governor and the Legislature certain 108
reports by specified dates; providing construction; 109
authorizing the depa rtment to include certain rates 110
and total allocations in certain reports; requiring 111
the Legislature to allocate funding to the lead 112
agencies with due consideration of the specified 113
funding methodology, beginning with a specified fiscal 114
year; prohibiting th e department from changing a lead 115
agency's allocation of funds provided in the General 116
Appropriations Act without legislative approval; 117
authorizing the department to approve certain risk 118
pool funding for a lead agency; requiring the 119
department to submit to the Governor and the 120
Legislature certain monthly reports for a specified 121
period of time; amending s. 409.992, F.S.; revising 122
requirements for lead agency practices in the 123
procurement of commodities and contractual services; 124
requiring the department to imp ose certain penalties 125
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for a lead agency's noncompliance with applicable 126
procurement law; requiring that the contract between 127
the department and the lead agency specify the rights 128
and obligations with regard to real property held by 129
the lead agency during t he term of the contract; 130
providing applicability of certain limitations on the 131
salaries of community -based care lead agency 132
administrative employees; amending s. 409.994, F.S.; 133
revising the conditions under which the department may 134
petition a court for the appointment of a receiver for 135
a community-based care lead agency; amending s. 136
409.996, F.S.; revising requirements for contracts 137
between the department and lead agencies; revising the 138
actions the department may take under certain 139
circumstances; making a t echnical change; providing 140
duties of the department; requiring the department, by 141
specified dates, to submit certain reports to the 142
Governor and the Legislature; establishing the Future 143
of Child Protection Contracting and Funding Workgroup 144
within the department; requiring the department to 145
convene the workgroup and submit a report to the 146
Governor and the Legislature by a specified date; 147
providing for membership of the workgroup; specifying 148
requirements for the report; terminating the workgroup 149
upon the submission of the report; providing an 150
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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
effective date. 151
152
Be It Enacted by the Legislature of the State of Florida: 153
154
Section 1. Present subsections (4) through (12) of section 155
95.11, Florida Statutes, are redesignated as subsections (5) 156
through (13), respectively, a new subsection (4) is added to 157
that section, and paragraph (b) of subsection (2), paragraph (n) 158
of subsection (3), paragraphs (f) and (g) of present subsection 159
(5), and present subsection (10) are amended, to read: 160
95.11 Limitations other th an for the recovery of real 161
property.—Actions other than for recovery of real property shall 162
be commenced as follows: 163
(2) WITHIN FIVE YEARS. — 164
(b) A legal or equitable action on a contract, obligation, 165
or liability founded on a written instrument, excep t for an 166
action to enforce a claim against a payment bond, which shall be 167
governed by the applicable provisions of paragraph (6)(e) 168
paragraph (5)(e), s. 255.05(10), s. 337.18(1), or s. 169
713.23(1)(e), and except for an action for a deficiency judgment 170
governed by paragraph (6)(h) paragraph (5)(h). 171
(3) WITHIN FOUR YEARS. — 172
(n) An action for assault, battery, false arrest, 173
malicious prosecution, malicious interference, false 174
imprisonment, or any other intentional tort, except as provided 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
in subsections (5), (6), and (8) subsections (4), (5), and (7) . 176
(4) WITHIN THREE YEARS. —An action to collect medical debt 177
for services rendered by a facility licensed under chapter 395, 178
provided that the period of limitations shall run from the date 179
on which the facility re fers the medical debt to a third party 180
for collection. 181
(6)(5) WITHIN ONE YEAR.— 182
(f) Except for actions described in subsection (9) (8), a 183
petition for extraordinary writ, other than a petition 184
challenging a criminal conviction, filed by or on behalf of a 185
prisoner as defined in s. 57.085. 186
(g) Except for actions described in subsection (9) (8), an 187
action brought by or on behalf of a prisoner, as defined in s. 188
57.085, relating to the conditions of the prisoner's 189
confinement. 190
(11)(10) FOR INTENTIONAL TORTS RESULTING IN DEATH FROM 191
ACTS DESCRIBED IN S. 782.04 OR S. 782.07. —Notwithstanding 192
paragraph (5)(e) paragraph (4)(e), an action for wrongful death 193
seeking damages authorized under s. 768.21 brought against a 194
natural person for an intentional tort result ing in death from 195
acts described in s. 782.04 or s. 782.07 may be commenced at any 196
time. This subsection shall not be construed to require an 197
arrest, the filing of formal criminal charges, or a conviction 198
for a violation of s. 782.04 or s. 782.07 as a cond ition for 199
filing a civil action. 200
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Section 2. Section 222.26, Florida Statutes, is created to 201
read: 202
222.26 Additional exemptions from legal process concerning 203
medical debt.—If a debt is owed for medical services provided by 204
a facility licensed under chapter 395, the following property is 205
exempt from attachment, garnishment, or other legal process in 206
an action on such debt: 207
(1) A debtor's interest, not to exceed $10,000 in value, 208
in a single motor vehicle as defined in s. 32 0.01(1). 209
(2) A debtor's interest in personal property, not to 210
exceed $10,000 in value, if the debtor does not claim or receive 211
the benefits of a homestead exemption under s. 4, Art. X of the 212
State Constitution. 213
Section 3. Present paragraphs (b), (c), and (d) of 214
subsection (1) of section 395.301, Florida Statutes, are 215
redesignated as paragraphs (c), (d), and (e) of that subsection, 216
respectively, present subsection (6) is redesignated as 217
subsection (8) of that section, a new paragraph (b) is added to 218
subsection (1), a new subsection (6) and subsection (7) are 219
added to that section, and present paragraph (b) of subsection 220
(1) is amended, to read: 221
395.301 Price transparency; itemized patient statement or 222
bill; patient admission status notification. — 223
(1) A facility licensed under this chapter shall provide 224
timely and accurate financial information and quality of service 225
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measures to patients and prospective patients of the facility, 226
or to patients' survivors or legal guardians, as appropriate. 227
Such information shall be provided in accordance with this 228
section and rules adopted by the agency pursuant to this chapter 229
and s. 408.05. Licensed facilities operating exclusively as 230
state facilities are exempt from this subsection. 231
(b) Each licensed facility shal l post on its website a 232
consumer-friendly list of standard charges for at least 300 233
shoppable health care services, or an Internet -based price 234
estimator tool meeting federal standards. If a facility provides 235
fewer than 300 distinct shoppable health care se rvices, it shall 236
make available on its website the standard charges for each 237
service it provides. As used in this paragraph, the term: 238
1. "Shoppable health care service" means a service that 239
can be scheduled by a healthcare consumer in advance. The term 240
includes, but is not limited to, the services described in s. 241
627.6387(2)(e) and any services defined in regulations or 242
guidance issued by the United States Department of Health and 243
Human Services. 244
2. "Standard charge" has the same meaning as that term i s 245
defined in regulations or guidance issued by the United States 246
Department of Health and Human Services for purposes of hospital 247
price transparency. 248
(c)(b)1. Upon request, and Before providing any 249
nonemergency medical services, each licensed facility sh all 250
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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
provide in writing or by electronic means a good faith estimate 251
of reasonably anticipated charges by the facility for the 252
treatment of a the patient's or prospective patient's specific 253
condition. The facility must provide the estimate to the patient 254
or prospective patient within 7 business days after the receipt 255
of the request and is not required to adjust the estimate for 256
any potential insurance coverage. The facility must provide the 257
estimate to the patient's health insurer, as defined in s. 258
627.446(1), and the patient at least 3 business days before the 259
date such service is to be provided, but no later than 1 260
business day after the date such service is scheduled or, in the 261
case of a service scheduled at least 10 business days in 262
advance, no later than 3 business days after the date the 263
service is scheduled. The facility must provide the estimate to 264
the patient no later than 3 business days after the date the 265
patient requests an estimate. The estimate may be based on the 266
descriptive service bundles deve loped by the agency under s. 267
408.05(3)(c) unless the patient or prospective patient requests 268
a more personalized and specific estimate that accounts for the 269
specific condition and characteristics of the patient or 270
prospective patient. The facility shall in form the patient or 271
prospective patient that he or she may contact his or her health 272
insurer or health maintenance organization for additional 273
information concerning cost -sharing responsibilities. 274
2. In the estimate, the facility shall provide to the 275
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patient or prospective patient information on the facility's 276
financial assistance policy, including the application process, 277
payment plans, and discounts and the facility's charity care 278
policy and collection procedures. 279
3. The estimate shall clearly identif y any facility fees 280
and, if applicable, include a statement notifying the patient or 281
prospective patient that a facility fee is included in the 282
estimate, the purpose of the fee, and that the patient may pay 283
less for the procedure or service at another faci lity or in 284
another health care setting. 285
4. Upon request, The facility shall notify the patient or 286
prospective patient of any revision to the estimate. 287
5. In the estimate, the facility must notify the patient 288
or prospective patient that services may be provided in the 289
health care facility by the facility as well as by other health 290
care providers that may separately bill the patient, if 291
applicable. 292
6. The facility shall take action to educate the public 293
that such estimates are available upon request. 294
7. Failure to timely provide the estimate pursuant to this 295
paragraph shall result in a daily fine of $1,000 until the 296
estimate is provided to the patient or prospective patient and 297
the health insurer. The total fine per patient estimate may not 298
exceed $10,000. 299
300
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The provision of an estimate does not preclude the actual 301
charges from exceeding the estimate. 302
(6) Each facility shall establish an internal process for 303
reviewing and responding to grievances from patients. Such 304
process must allow a patient to dis pute charges that appear on 305
the patient's itemized statement or bill. The facility shall 306
prominently post on its website and indicate in bold print on 307
each itemized statement or bill the instructions for initiating 308
a grievance and the direct contact inform ation required to 309
initiate the grievance process. The facility must provide an 310
initial response to a patient grievance within 7 business days 311
after the patient formally files a grievance disputing all or a 312
portion of an itemized statement or bill. 313
(7) Each licensed facility shall disclose to a patient, a 314
prospective patient, or a patient's legal guardian whether a 315
cost-sharing obligation for a particular covered health care 316
service or item exceeds the charge that applies to an individual 317
who pays cash or the cash equivalent for the same health care 318
service or item in the absence of health insurance coverage. 319
Failure to provide a disclosure in compliance with this 320
subsection may result in a fine not to exceed $500 per incident. 321
Section 4. Section 395.30 11, Florida Statutes, is created 322
to read: 323
395.3011 Billing and collection activities. — 324
(1) As used in this section, the term "extraordinary 325
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collection action" means any of the following actions taken by a 326
licensed facility against an individual in rela tion to obtaining 327
payment of a bill for care covered under the facility's 328
financial assistance policy: 329
(a) Selling the individual's debt to another party. 330
(b) Reporting adverse information about the individual to 331
consumer credit reporting agencies or c redit bureaus. 332
(c) Deferring, denying, or requiring a payment before 333
providing medically necessary care because of the individual's 334
nonpayment of one or more bills for previously provided care 335
covered under the facility's financial assistance policy. 336
(d) Actions that require a legal or judicial process, 337
including, but not limited to: 338
1. Placing a lien on the individual's property; 339
2. Foreclosing on the individual's real property; 340
3. Attaching or seizing the individual's bank account or 341
any other personal property; 342
4. Commencing a civil action against the individual; 343
5. Causing the individual's arrest; or 344
6. Garnishing the individual's wages. 345
(2) A facility may not engage in an extraordinary 346
collection action against an individual to obtain payment for 347
services: 348
(a) Before the facility has made reasonable efforts to 349
determine whether the individual is eligible for assistance 350
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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
under its financial assistance policy for the care provided and, 351
if eligible, before a decision is made by the facil ity on the 352
patient's application for such financial assistance. 353
(b) Before the facility has provided the individual with 354
an itemized statement or bill. 355
(c) During an ongoing grievance process as described in s. 356
395.301(6) or an ongoing appeal of a clai m adjudication. 357
(d) Before billing any applicable insurer and allowing the 358
insurer to adjudicate a claim. 359
(e) For 30 days after notifying the patient in writing, by 360
certified mail, or by other traceable delivery method, that a 361
collection action will co mmence absent additional action by the 362
patient. 363
(f) While the individual: 364
1. Negotiates in good faith the final amount of a bill for 365
services rendered; or 366
2. Complies with all terms of a payment plan with the 367
facility. 368
Section 5. Paragraph (b) of s ubsection (1) of section 369
624.27, Florida Statutes, is amended to read: 370
624.27 Direct health care agreements; exemption from 371
code.— 372
(1) As used in this section, the term: 373
(b) "Health care provider" means a health care provider 374
licensed under chapter 4 58, chapter 459, chapter 460, chapter 375
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461, chapter 464, or chapter 466, chapter 490, or chapter 491, 376
or a health care group practice, who provides health care 377
services to patients. 378
Section 6. Section 627.446, Florida Statutes, is created 379
to read: 380
627.446 Advanced explanation of benefits. — 381
(1) As used in this section, the term "health insurer" 382
means a health insurer issuing individual or group coverage or a 383
health maintenance organization issuing coverage through an 384
individual or a group contract. 385
(2) Each health insurer shall prepare an advanced 386
explanation of benefits upon receiving a patient estimate from a 387
facility pursuant to s. 395.301(1). The health insurer must 388
provide the advanced explanation of benefits to the insured no 389
later than 1 business day after receiving the patient estimate 390
from the facility or, in the case of a service scheduled at 391
least 10 business days in advance, no later than 3 business days 392
after receiving such estimate. The health insurer must provide 393
an advanced explanatio n of benefits to the insured no later than 394
3 business days after the date on which the health insurer 395
receives a request from the insured. 396
(3) At a minimum, the advanced explanation of benefits 397
must include detailed coverage and cost -sharing information 398
pursuant to the No Surprises Act, Title I of Division BB of the 399
Consolidated Appropriations Act, 2021, Pub. L. No. 116 -260. 400
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Section 7. Paragraph (b) of subsection (2) and paragraph 401
(a) of subsection (4) of section 627.6387, Florida Statutes, are 402
amended to read: 403
627.6387 Shared savings incentive program. — 404
(2) As used in this section, the term: 405
(b) "Health insurer" means an authorized insurer issuing 406
major medical or other comprehensive coverage through an 407
individual policy offering health insuranc e as defined in s. 408
624.603. 409
(4)(a) A shared savings incentive offered by a health 410
insurer in accordance with this section: 411
1. Is not an administrative expense for rate development 412
or rate filing purposes and shall be counted as a medical 413
expense for such purposes. 414
2. Does not constitute an unfair method of competition or 415
an unfair or deceptive act or practice under s. 626.9541 and is 416
presumed to be appropriate unless credible data clearly 417
demonstrates otherwise. 418
Section 8. Paragraph (b) of subsection (2) and paragraph 419
(a) of subsection (4) of section 627.6648, Florida Statutes, are 420
amended to read: 421
627.6648 Shared savings incentive program. — 422
(2) As used in this section, the term: 423
(b) "Health insurer" means an authorized insurer issuing 424
major medical or other comprehensive coverage through a group 425
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policy offering health insurance as defined in s. 624.603 . The 426
term does not include the state group health insurance program 427
provided under s. 110.123. 428
(4)(a) A shared savings incentive offered by a health 429
insurer in accordance with this section: 430
1. Is not an administrative expense for rate development 431
or rate filing purposes and shall be counted as a medical 432
expense for such purposes . 433
2. Does not constitute an unfair method of competition or 434
an unfair or deceptive act or practice under s. 626.9541 and is 435
presumed to be appropriate unless credible data clearly 436
demonstrates otherwise. 437
Section 9. Paragraph (b) of subsection (2) and pa ragraph 438
(a) of subsection (4) of section 641.31076, Florida Statutes, 439
are amended to read: 440
641.31076 Shared savings incentive program. — 441
(2) As used in this section, the term: 442
(b) "Health maintenance organization" means an authorized 443
health maintenance organization issuing major medical or other 444
comprehensive coverage through individual or group contract has 445
the same meaning as provided in s. 641.19 . The term does not 446
include the state group health insurance program provided under 447
s. 110.123. 448
(4) A shared savings incentive offered by a health 449
maintenance organization in accordance with this section: 450
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(a) Is not an administrative expense for rate development 451
or rate filing purposes and shall be counted as a medical 452
expense for such purposes . 453
Section 10. Paragraphs (a) and (j) of subsection (1) of 454
section 475.01, Florida Statutes, are amended to read: 455
475.01 Definitions. — 456
(1) As used in this part: 457
(a) "Broker" means a person who, for another, and for a 458
compensation or valuable consideration di rectly or indirectly 459
paid or promised, expressly or impliedly, or with an intent to 460
collect or receive a compensation or valuable consideration 461
therefor, appraises, auctions, sells, exchanges, buys, rents, or 462
offers, attempts or agrees to appraise, auction , or negotiate 463
the sale, exchange, purchase, or rental of business enterprises 464
or business opportunities or any real property or any interest 465
in or concerning the same, including mineral rights or leases, 466
or who advertises or holds out to the public by any oral or 467
printed solicitation or representation that she or he is engaged 468
in the business of appraising, auctioning, buying, selling, 469
exchanging, leasing, or renting business enterprises or business 470
opportunities or real property of others or interests the rein, 471
including mineral rights, or who takes any part in the procuring 472
of sellers, purchasers, lessors, or lessees of business 473
enterprises or business opportunities or the real property of 474
another, or leases, or interest therein, including mineral 475
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rights, or who directs or assists in the procuring of prospects 476
or in the negotiation or closing of any transaction which does, 477
or is calculated to, result in a sale, exchange, or leasing 478
thereof, and who receives, expects, or is promised any 479
compensation or valua ble consideration, directly or indirectly 480
therefor; and all persons who advertise rental property 481
information or lists. A broker renders a professional service 482
and is a professional within the meaning of s. 95.11(5)(b) s. 483
95.11(4)(b). Where the term "appra ise" or "appraising" appears 484
in the definition of the term "broker," it specifically excludes 485
those appraisal services which must be performed only by a 486
state-licensed or state-certified appraiser, and those appraisal 487
services which may be performed by a r egistered trainee 488
appraiser as defined in part II. The term "broker" also includes 489
any person who is a general partner, officer, or director of a 490
partnership or corporation which acts as a broker. The term 491
"broker" also includes any person or entity who un dertakes to 492
list or sell one or more timeshare periods per year in one or 493
more timeshare plans on behalf of any number of persons, except 494
as provided in ss. 475.011 and 721.20. 495
(j) "Sales associate" means a person who performs any act 496
specified in the definition of "broker," but who performs such 497
act under the direction, control, or management of another 498
person. A sales associate renders a professional service and is 499
a professional within the meaning of s. 95.11(5)(b) s. 500
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95.11(4)(b). 501
Section 11. Paragraph (h) of subsection (1) of section 502
475.611, Florida Statutes, is amended to read: 503
475.611 Definitions. — 504
(1) As used in this part, the term: 505
(h) "Appraiser" means any person who is a registered 506
trainee real estate appraiser, a licensed real estate appraiser, 507
or a certified real estate appraiser. An appraiser renders a 508
professional service and is a professional within the meaning of 509
s. 95.11(5)(b) s. 95.11(4)(b). 510
Section 12. Subsection (7) of section 517.191, Florida 511
Statutes, is amended to read: 512
517.191 Injunction to restrain violations; civil 513
penalties; enforcement by Attorney General. — 514
(7) Notwithstanding s. 95.11(5)(f) s. 95.11(4)(f), an 515
enforcement action brought under this section based on a 516
violation of any provision of this chapter or any rule or order 517
issued under this chapter shall be brought within 6 years after 518
the facts giving rise to the cause of action were discovered or 519
should have been discovered with the exercise of due diligence, 520
but not more than 8 years after the date such violation 521
occurred. 522
Section 13. Subsection (14) of section 768.28, Florida 523
Statutes, is amended to read: 524
768.28 Waiver of sovereign immunity in tort actions; 525
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recovery limits; civil liability for damages caused during a 526
riot; limitation on attorney fe es; statute of limitations; 527
exclusions; indemnification; risk management programs. — 528
(14) Every claim against the state or one of its agencies 529
or subdivisions for damages for a negligent or wrongful act or 530
omission pursuant to this section shall be foreve r barred unless 531
the civil action is commenced by filing a complaint in the court 532
of appropriate jurisdiction within 4 years after such claim 533
accrues; except that an action for contribution must be 534
commenced within the limitations provided in s. 768.31(4), and 535
an action for damages arising from medical malpractice or 536
wrongful death must be commenced within the limitations for such 537
actions in s. 95.11(5) s. 95.11(4). 538
Section 14. Subsection (4) of section 787.061, Florida 539
Statutes, is amended to read: 540
787.061 Civil actions by victims of human trafficking. — 541
(4) STATUTE OF LIMITATIONS. —The statute of limitations as 542
specified in s. 95.11(8) or (10) s. 95.11(7) or (9), as 543
applicable, governs an action brought under this section. 544
Section 15. The requirements of s. 395.301(1)(b), Florida 545
Statutes, as created by this act, relating to shoppable health 546
care services, do not apply to ambulatory surgical centers as 547
defined in s. 395.002, Florida Statutes, until January 1, 2026. 548
Section 16. The changes made by this act to s. 395.301, 549
Florida Statutes, relating to good faith estimates, are not 550
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effective until the United States Department of Health and Human 551
Services, the United States Department of Labor, and the United 552
States Department of the Treasury iss ue a final rule pertaining 553
to good faith estimates required by section 2799B -6 of the 554
Public Health Services Act. The Agency for Health Care 555
Administration shall notify the Division of Law Revision upon 556
the promulgation of the final rule. 557
Section 17. The changes made by this act to s. 627.446, 558
Florida Statutes, relating to advanced explanation of benefits, 559
are not effective until the United States Department of Health 560
and Human Services, the United States Department of Labor, and 561
the United States Depar tment of the Treasury issue final rules 562
pertaining to advanced explanation of benefits required by 563
section 2799A-1(f) of the Public Health Services and good faith 564
estimates required by section 2799B -6 of the Public Health 565
Services Act. The Office of Insura nce Regulation shall notify 566
the Division of Law Revision upon the promulgation of the final 567
rule pertaining to advanced explanation of benefits. 568
Section 18. Present subsections (3) and (4) of section 569
409.016, Florida Statutes, are redesignated as subse ctions (4) 570
and (5), respectively, and a new subsection (3) is added to that 571
section, to read: 572
409.016 Definitions. —As used in this chapter: 573
(3) "Management functions" means: 574
(a) Planning, directing, organizing, coordinating, and 575
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carrying out oversigh t duties of the lead agency; or 576
(b) Contracting for officer or director level staffing in 577
performance of the planning, directing, organizing, 578
coordinating, and carrying out of oversight duties of the lead 579
agency. 580
Section 19. Subsections (3) and (4) a nd paragraphs (a) and 581
(b) of subsection (7) of section 409.987, Florida Statutes, are 582
amended, and paragraph (g) is added to subsection (7) of that 583
section, to read: 584
409.987 Lead agency procurement; boards; conflicts of 585
interest.— 586
(3) Notwithstanding s . 287.057, the department shall use 587
5-year contracts with lead agencies. The department may only 588
extend a contract for a period of 1 to 5 years, in accordance 589
with s. 287.057, if the lead agency has met performance 590
expectations within the monitoring evalua tion. 591
(4) In order to serve as a lead agency, an entity must: 592
(a) Be organized as a Florida corporation or a 593
governmental entity. 594
(b) Be governed by a board of directors or a board 595
committee composed of board members. Board members shall provide 596
oversight and ensure accountability and transparency for the 597
system of care. The board of directors shall provide fiduciary 598
oversight to prevent conflicts of interest, promote 599
accountability and transparency, and protect state and federal 600
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funding from misuse. The board of directors shall act in 601
accordance with s. 617.0830. The membership of the board of 602
directors or board committee must be described in the bylaws or 603
articles of incorporation of each lead agency, which must 604
provide that at least 75 percent of th e membership of the board 605
of directors or board committee must be composed consist of 606
persons residing in this state, and at least 51 percent of the 607
state residents on the board of directors must reside within the 608
service area of the lead agency. The lead agency shall ensure 609
that board members participate in annual training related to 610
their responsibilities. The department shall set forth minimum 611
training criteria in the contracts with the lead agencies. 612
However, for procurements of lead agency contracts in itiated on 613
or after July 1, 2014: 614
1. At least 75 percent of the membership of the board of 615
directors must be composed consist of persons residing in this 616
state, and at least 51 percent of the membership of the board of 617
directors must be composed consist of persons residing within 618
the service area of the lead agency. If a board committee 619
governs the lead agency, 100 percent of its membership must be 620
composed consist of persons residing within the service area of 621
the lead agency. 622
2. The powers of the board of directors or board committee 623
include, but are not limited to, approving the lead agency's 624
budget and setting the lead agency's operational policy and 625
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procedures. A board of directors must additionally have the 626
power to hire the lead agency's executive director, unless a 627
board committee governs the lead agency, in which case the board 628
committee must have the power to confirm the selection of the 629
lead agency's executive director. 630
(c) Demonstrate financial responsibility throug h an 631
organized plan for regular fiscal audits ; and the posting of a 632
performance bond; and the posting of a fidelity bond to cover 633
any costs associated with reprocurement and the assessed 634
penalties related to a failure to disclose a conflict of 635
interest under subsection (7). 636
(7)(a) As used in this subsection, the term: 637
1. "Activity" includes, but is not limited to, a contract 638
for goods and services, a contract for the purchase of any real 639
or tangible property, or an agreement to engage with a lead 640
agency for the benefit of a third party in exchange for an 641
interest in real or tangible property, a monetary benefit, or an 642
in-kind contribution. 643
2. "Conflict of interest" means when a board member , a 644
director, or an officer, or a relative of a board member , a 645
director, or an officer, of a lead agency does any of the 646
following: 647
a. Enters into a contract or other transaction for goods 648
or services with the lead agency. 649
b. Holds a direct or indirect interest in a corporation, 650
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limited liability corporation, par tnership, limited liability 651
partnership, or other business entity that conducts business 652
with the lead agency or proposes to enter into a contract or 653
other transaction with the lead agency. For purposes of this 654
paragraph, the term "indirect interest" has t he same meaning as 655
in s. 112.312. 656
c. Knowingly obtains a direct or indirect personal, 657
financial, professional, or other benefit as a result of the 658
relationship of such board member , director, or officer, or 659
relative of the board member , director, or officer, with the 660
lead agency. For purposes of this paragraph, the term "benefit" 661
does not include per diem and travel expenses paid or reimbursed 662
to board members or officers of the lead agency in connection 663
with their service on the board. 664
3. "Related party" means any entity of which a director or 665
an officer of the entity is also directly or indirectly related 666
to, or has a direct or indirect financial or other material 667
interest in, the lead agency. The term also includes any 668
subsidiary firm, parent entity, associate firm, or joint 669
venture. Lead agencies that hold more than one lead agency 670
contract with the department may request an exemption from the 671
department for specific related party requirements. 672
4.3. "Relative" means a relative within the third degre e 673
of consanguinity by blood or marriage. 674
(b)1. For any activity that is presented to the board of a 675
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lead agency for its initial consideration and approval after 676
July 1, 2021, or any activity that involves a contract that is 677
being considered for renewal on or after July 1, 2021, but 678
before January 1, 2022 , a board member, a director, or an 679
officer of a lead agency shall disclose to the board any 680
activity that may reasonably be construed to be a conflict of 681
interest before such activity is initially conside red and 682
approved or a contract is renewed by the board. A rebuttable 683
presumption of a conflict of interest exists if the activity was 684
acted on by the board without prior notice as required under 685
paragraph (c). The board shall disclose any known actual or 686
potential conflicts to the department. 687
2. A lead agency may not enter into a contract or be a 688
party to any transaction with related parties if a conflict of 689
interest is not properly disclosed. A lead agency may not enter 690
into a contract with a related par ty for officer-level or 691
director-level staffing to perform management functions. The 692
contract with the department and lead agency must specify the 693
administrative functions that the lead agency may subcontract 694
For contracts with a lead agency which are in e xistence on July 695
1, 2021, and are not subject to renewal before January 1, 2022, 696
a board member or an officer of the lead agency shall disclose 697
to the board any activity that may reasonably be construed to be 698
a conflict of interest under this section by De cember 31, 2021. 699
3. Subject to the requirements of subparagraph 2., a lead 700
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agency may enter into a contract or be a party to any 701
transaction with related parties as long as the fee, rate, or 702
price paid by the lead agency for the commodities or services 703
being procured does not exceed the fair market value for such 704
commodities or services. The lead agency shall disclose any 705
known actual or potential conflicts to the department. 706
(g)1. All department contracts with lead agencies must 707
contain the following contractual penalty provisions: 708
a. Penalties in the amount of $5,000 per occurrence must 709
be imposed for each known and potential conflict of interest, as 710
described in paragraph (b), which is not disclosed to the 711
department. 712
b. If a contract is executed for which a conflict of 713
interest was not disclosed to the department before execution of 714
the contract, the following penalties apply: 715
(I) A penalty in the amount of $20,000 for a first 716
offense. 717
(II) A penalty in the amount of $30,000 for a second or 718
subsequent offense. 719
(III) Removal of the board member who did not disclose a 720
known conflict of interest. 721
2. The penalties for failure to disclose a conflict of 722
interest under sub-subparagraphs 1.a. and 1.b. apply to any 723
contract entered into, regardless of the method of procurement, 724
including, but not limited to, formal procurement, single -source 725
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contracts, and contracts that do not meet the minimum threshold 726
for formal procurement. 727
3. A contract procured for which a conflict of interest 728
was not disclosed to the department before execution of the 729
contract must be reprocured. The department shall recoup from 730
the lead agency expenses related to a contract that was executed 731
without disclosure of a conflict of interest. 732
Section 20. Paragraphs (c), (j), and (k) of subsection (1) 733
of section 409.988, Florida Statutes, are amended to read: 734
409.988 Community-based care lead agency duties; general 735
provisions.— 736
(1) DUTIES.—A lead agency: 737
(c) Shall follow the financial guidelines developed by the 738
department and shall comply with regular, independent auditing 739
of its financial activities, including any requests for records 740
associated with such financial audits within the timeframe 741
established by the department or its contracted vendors provide 742
for a regular independent auditing of its financial activities . 743
The results of the financial audit must Such financial 744
information shall be provided to the community alliance 745
established under s. 20.19(5). 746
(j)1. May subcontract for the provision of services , 747
excluding subcontracts with a related party for officer -level or 748
director-level staffing to perform management functions, 749
required by the contract with the lead agency and the 750
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department; however, the subcontracts must specify how the 751
provider will contribute to the lead agency meeting the 752
performance standards established pursuant to the child welfare 753
results-oriented accountability system required by s. 409.997. 754
Any contract with an unrelated entity for officer -level or 755
director-level staffing to perform management functions must 756
adhere to the executive compensation provision in s. 409.992(3). 757
2. The lead agency Shall directly provide no more than 35 758
percent of all child welfare services provided unless it can 759
demonstrate a need, within the lead agency's geographi c service 760
area, where there is a lack of qualified providers available to 761
perform necessary services. The approval period for an exemption 762
to exceed the 35 percent threshold is limited to 2 years to 763
exceed this threshold . To receive approval, the lead agen cy must 764
create and submit to the department through the lead agency's 765
local community alliance a detailed report of all efforts to 766
recruit a qualified provider to perform the necessary services 767
in that geographic service area. The local community alliance in 768
the geographic service area in which the lead agency is seeking 769
to exceed the threshold shall review the lead agency's 770
justification for need and recommend to the department whether 771
the department should approve or deny the lead agency's request 772
for an exemption from the services threshold. If there is not a 773
community alliance operating in the geographic service area in 774
which the lead agency is seeking to exceed the threshold, such 775
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review and recommendation shall be made by representatives of 776
local stakeholders, including at least one representative from 777
each of the following: 778
a.1. The department. 779
b.2. The county government. 780
c.3. The school district. 781
d.4. The county United Way. 782
e.5. The county sheriff's office. 783
f.6. The circuit court corresponding to the county. 784
g.7. The county children's board, if one exists. 785
786
The lead agency may request a renewal of the exemption allowing 787
the lead agency to directly provide child welfare services by 788
following the process outline d in this subparagraph. The 789
approval period for an exemption renewal is limited to 2 years. 790
If, after the expiration of the exemption, the department 791
determines the lead agency is not making a good faith effort to 792
recruit a qualified provider, the departme nt may deny the 793
renewal request and require reprocurement. 794
3. Upon approving any exemption that allows a lead agency 795
to directly provide more than 40 percent of all child welfare 796
services provided, the department shall require the lead agency 797
to undergo an operational audit by the Auditor General to 798
examine the lead agency's procurement of and financial 799
arrangements for providing such services. The audit shall, at a 800
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minimum, examine the costs incurred and any payments made by the 801
lead agency to itself for services directly provided by the lead 802
agency compared to any procurement solicitations by the lead 803
agency, and assess the adequacy of the efforts to obtain 804
services from subcontractors and the resulting cost and cost -805
effectiveness of the services provide d directly by the lead 806
agency. The Auditor General shall conduct such audits upon 807
notification by the department. 808
(k) Shall publish on its website by the 15th day of each 809
month at a minimum the data specified in subparagraphs 1.-10. 810
subparagraphs 1.-5., calculated using a standard methodology 811
determined by the department, for the preceding calendar month 812
regarding its case management services. The following 813
information shall be reported by each individual subcontracted 814
case management provider, by the lea d agency, if the lead agency 815
provides case management services, and in total for all case 816
management services subcontracted or directly provided by the 817
lead agency: 818
1. The average caseload of case managers, including only 819
filled positions; 820
2. The total number and percentage of case managers who 821
have 25 or more cases on their caseloads; 822
3. The turnover rate for case managers and case management 823
supervisors for the previous 12 months; 824
4. The percentage of required home visits completed; and 825
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5. Performance on outcome measures required pursuant to s. 826
409.997 for the previous 12 months ;. 827
6. The number of unlicensed placements for the previous 828
month; 829
7. The percentages and trends for foster parent and group 830
home recruitment and licensure for the previous month; 831
8. The percentage of families being served through family 832
support services, in -home services, and out -of-home services for 833
the previous month; 834
9. The percentage of cases that were converted from 835
nonjudicial to judicial for the prev ious month; and 836
10. Children's legal service staffing rates. 837
Section 21. Section 409.991, Florida Statutes, is 838
repealed. 839
Section 22. Section 409.9913, Florida Statutes, is created 840
to read: 841
409.9913 Funding methodology to allocate funding to lea d 842
agencies.— 843
(1) As used in this section, the term: 844
(a) "Core services funding" means all funds allocated to 845
lead agencies. The term does not include any of the following: 846
1. Funds appropriated for independent living services. 847
2. Funds appropriated for maintenance adoption subsidies. 848
3. Funds allocated by the department for child protective 849
investigation service training. 850
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4. Nonrecurring funds. 851
5. Designated mental health wrap -around service funds. 852
6. Funds for special projects for a designa ted lead 853
agency. 854
7. Funds appropriated for the Guardianship Assistance 855
Program established under s. 39.6225. 856
(b) "Operational and fixed costs" means: 857
1. Administrative expenditures, including, but not limited 858
to, information technology and human reso urces functions. 859
2. Lease payments. 860
3. Asset depreciation. 861
4. Utilities. 862
5. Administrative components of case management. 863
6. Mandated activities such as training, quality 864
improvement, or contract management. 865
(2) The department shall develop, in collaboration with 866
lead agencies and providers of child welfare services, a funding 867
methodology for allocating core services funding to lead 868
agencies which, at a minimum: 869
(a) Is actuarially sound. 870
(b) Is reimbursement -based. 871
(c) Is designed to incentivize efficient and effective 872
lead agency operation, prevention, family preservation, and 873
permanency. 874
(d) Considers variable costs, including, but not limited 875
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to: 876
1. Direct costs for in -home and out-of-home care for 877
children served by the lead agencies. 878
2. Direct costs for prevention services. 879
3. Operational and fixed costs. 880
(e) Is scaled regionally for cost -of-living factors. 881
(3) The lead agencies and providers shall submit any 882
detailed cost and expenditure data that t he department requests 883
for the development of the funding methodology. 884
(4) The department shall submit a report to the Governor, 885
the President of the Senate, and the Speaker of the House of 886
Representatives by December 1, 2024, which, at a minimum: 887
(a) Describes a proposed funding methodology and formula 888
that will provide for the annual budget of each lead agency, 889
including, but not limited to, how the proposed methodology will 890
meet the criteria specified in subsection (2). 891
(b) Describes the data used to develop the methodology and 892
the data that will be used to annually calculate the proposed 893
lead agency budget. 894
(c) Specifies proposed rates and total allocations for 895
each lead agency. The allocations must ensure that the total of 896
all amounts allocated to lead agencies under the funding 897
methodology does not exceed the total amount appropriated to 898
lead agencies in the 2024 -2025 General Appropriations Act. 899
(d) Provides risk mitigation recommendations that ensure 900
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that lead agencies do not experience a red uction in funding that 901
would be detrimental to operations or result in a reduction in 902
services to children. 903
(5) By October 31, 2025, and each October 31 thereafter, 904
the department shall submit a report to the Governor, the 905
President of the Senate, and th e Speaker of the House of 906
Representatives which includes recommendations for adjustments 907
to the funding methodology for the next fiscal year, calculated 908
using the criteria in subsection (2). Such recommendations must, 909
at a minimum, be based on updated expe nditure data, cost-of-910
living adjustments, market dynamics, or other catchment area 911
variations. The total of all amounts proposed for allocation to 912
lead agencies under the funding methodology for the subsequent 913
fiscal year may not exceed the total amount ap propriated in the 914
General Appropriations Act for core services funding in the 915
present fiscal year. The funding methodology must include risk 916
mitigation strategies that ensure that lead agencies do not 917
experience a reduction in funding that would be detrime ntal to 918
operations or result in a reduction in services to children. 919
(6)(a) The requirements of this section do not replace, 920
and are in addition to, any requirements of chapter 216, 921
including, but not limited to, submission of final legislative 922
budget requests by the department under s. 216.023. 923
(b) The data and reports required under subsections (4) 924
and (5) may also include proposed rates and total allocations 925
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for each lead agency which reflect any additional core services 926
funding for lead agencies whi ch is requested by the department 927
under s. 216.023. 928
(7)(a) Beginning with the 2025 -2026 fiscal year, the 929
Legislature shall allocate funding to lead agencies through the 930
General Appropriations Act with due consideration of the funding 931
methodology develope d under this section. 932
(b) The department may not change the allocation of funds 933
to a lead agency as provided in the General Appropriations Act 934
without legislative approval. The department may approve 935
additional risk pool funding for a lead agency as prov ided under 936
s. 409.990. 937
(8) The department shall provide to the Governor, the 938
President of the Senate, and the Speaker of the House of 939
Representatives monthly reports from July through October 2024 940
which provide updates on activities and progress in devel oping 941
the funding methodology. 942
Section 23. Subsections (1) and (3) of section 409.992, 943
Florida Statutes, are amended to read: 944
409.992 Lead agency expenditures. — 945
(1) The procurement of commodities or contractual services 946
by lead agencies is shall be governed by the financial 947
guidelines developed by the department and must comply with 948
applicable state and federal law and follow good business 949
practices. Pursuant to s. 11.45, the Auditor General may provide 950
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technical advice in the development of the fin ancial guidelines. 951
(a)1. Lead agencies shall competitively procure all 952
contracts, consistent with the federal simplified acquisition 953
threshold. 954
2. Lead agencies shall competitively procure all contracts 955
in excess of $35,000 with related parties. 956
3. Financial penalties or sanctions, as established by the 957
department and incorporated into the contract, must be imposed 958
by the department for noncompliance with applicable local, 959
state, or federal law for the procurement of commodities or 960
contractual services. 961
(b) The contract between the department and the lead 962
agency must delineate the rights and obligations of the lead 963
agency concerning the acquisition, transfer, or other 964
disposition of real property. At a minimum, the contract must: 965
1. Require the lead agency to follow all federal law on 966
the acquisition, improvement, transfer, or disposition of real 967
property acquired by the lead agency using federal dollars. 968
2. Beginning July 1, 2024, require the department to 969
approve any sale, transfer, or dispositi on of real property 970
acquired and held by the lead agency using state funds. 971
(3) Notwithstanding any other provision of law, a 972
community-based care lead agency administrative employee may not 973
receive a salary, whether base pay or base pay combined with an y 974
bonus or incentive payments, in excess of 150 percent of the 975
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annual salary paid to the secretary of the Department of 976
Children and Families from state -appropriated funds, including 977
state-appropriated federal funds. This limitation applies 978
regardless of the number of contracts a community -based care 979
lead agency may execute with the department. This subsection 980
does not prohibit any party from providing cash that is not from 981
appropriated state funds to a community -based care lead agency 982
administrative employ ee. 983
Section 24. Paragraph (d) of subsection (1) of section 984
409.994, Florida Statutes, is amended to read: 985
409.994 Community-based care lead agencies; receivership. — 986
(1) The Department of Children and Families may petition a 987
court of competent jurisdiction for the appointment of a 988
receiver for a community -based care lead agency established 989
pursuant to s. 409.987 if any of the following conditions exist: 990
(d) The lead agency cannot meet , or is unlikely to meet, 991
its current financial obligations to its employees, contractors, 992
or foster parents. Issuance of bad checks or the existence of 993
delinquent obligations for payment of salaries, utilities, or 994
invoices for essential services or commodities constitutes shall 995
constitute prima facie evidence that the lead agency lacks the 996
financial ability to meet its financial obligations. 997
Section 25. Paragraph (d) of subsection (1) of section 998
409.996, Florida Statutes, is amended to read: 999
409.996 Duties of the Department of Children and 1000
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Families.—The department shall contract for the delivery, 1001
administration, or management of care for children in the child 1002
protection and child welfare system. In doing so, the department 1003
retains responsibility for the quality of contracted services 1004
and programs and shall ensure that, at a minimum, services are 1005
delivered in accordance with applicable federal and state 1006
statutes and regulations and the performance standards and 1007
metrics specified in the strategic plan created under s. 1008
20.19(1). 1009
(1) The department shall enter into contracts with lead 1010
agencies for the performance of the duties by the lead agencies 1011
established in s. 409.988. At a minimum, the contracts must do 1012
all of the following: 1013
(d) Provide for contractual actions tiered interventions 1014
and graduated penalties for failure to comply with contract 1015
terms or in the event of performance deficiencies , as determined 1016
appropriate by the department . 1017
1. Such contractual actions must interventions and 1018
penalties shall include, but are not limited to: 1019
a.1. Enhanced monitoring and reporting. 1020
b.2. Corrective action plans. 1021
c.3. Requirements to accept technical assistance and 1022
consultation from the department under subsection (6). 1023
d.4. Financial penalties, as a matter of contract. The 1024
financial penalties assessed by the department on the lead 1025
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agency revert to the state which shall require a lead agency to 1026
reallocate funds from administrative costs to direct care for 1027
children. 1028
e.5. Early termination of contracts, as provided in s. 1029
402.7305(3)(f) s. 402.1705(3)(f). 1030
2. No later than January 1, 2025, the department shall 1031
ensure that each lead agency contract executed includes a list 1032
of financial penalties for failure to comply with contractual 1033
requirements. 1034
Section 26. By September 30, 2024, and February 1, 2025, 1035
respectively, the Department of Children and Families shall 1036
submit a report to the Governor, the President of the Senate, 1037
and the Speaker of the House of Representatives on rules and 1038
policies adopted and other actions taken t o implement this act. 1039
Section 27. There is established the Future of Child 1040
Protection Contracting and Funding Workgroup within the 1041
Department of Children and Families. The department shall 1042
convene the workgroup and is responsible for producing and 1043
submitting a report of the workgroup's findings and 1044
recommendations to the Governor, the President of the Senate, 1045
and the Speaker of the House of Representatives by October 15, 1046
2025. 1047
(1)(a) The Secretary of Children and Families, or his or 1048
her designee, shall chair the workgroup and shall invite the 1049
following persons to participate as members of the workgroup: 1050
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1. The Secretary of Health Care Administration, or his or 1051
her designee. 1052
2. The Secretary of Management Services, or his or her 1053
designee. 1054
(b) The Secretary of Children and Families, or his or her 1055
designee, shall appoint the following individuals as members of 1056
the workgroup: 1057
1. An employee of a community -based care lead agency with 1058
executive-level experience. 1059
2. A current contractor for lead agen cy child protection 1060
services. 1061
3. Two representatives of a direct provider of child 1062
protection or child welfare services. 1063
4. A member of the Family Law Section of The Florida Bar 1064
or a member of the court exercising jurisdiction over family law 1065
matters. 1066
5. A representative of a for -profit managed care entity. 1067
6. A representative from the Florida Institute for Child 1068
Welfare. 1069
7. Any additional members the department deems 1070
appropriate. 1071
(2) The report submitted by the department must, at a 1072
minimum: 1073
(a) Examine the current contracting methods for the 1074
provision of all foster care and related services. 1075
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(b) Consider the unique regional needs of children and 1076
families at risk of abuse and neglect. 1077
(c) Identify current barriers to implementing federally 1078
approved Title IV-E prevention services. 1079
(d) Recommend changes to existing laws, rules, and 1080
policies necessary to implement the workgroup's recommendations. 1081
(3) The workgroup shall terminate imme diately after the 1082
Secretary of Children and Families submits the report to the 1083
Governor, the President of the Senate, and the Speaker of the 1084
House of Representatives. 1085
Section 28. This act shall take effect July 1, 2024. 1086