Florida Senate - 2024 SB 536 By Senator Garcia 36-00994-24 2024536__ 1 A bill to be entitled 2 An act relating to community-based child welfare 3 agencies; amending s. 409.987, F.S.; revising 4 requirements for contracts the Department of Children 5 and Families has with community-based care lead 6 agencies; revising requirements for an entity to serve 7 as a lead agency; revising the definition of the term 8 conflict of interest; defining the term related 9 party; requiring the lead agency's board of directors 10 to disclose any known or potential conflicts of 11 interest; prohibiting a lead agency from entering into 12 a contract or being a party to a transaction that 13 creates a conflict of interest; requiring a lead 14 agency to submit to the department for approval any 15 contract involving related parties; imposing civil 16 penalties for lead agency contracts having undisclosed 17 conflicts of interest; amending s. 409.988, F.S.; 18 revising community-based care lead agency duties; 19 making technical changes; amending s. 409.990, F.S.; 20 requiring a lead agency to submit to the department a 21 spending plan approved by its board of directors which 22 satisfies certain requirements before funds may be 23 released; specifying requirements for the spending 24 plan; requiring the lead agency to submit a revised 25 spending plan to the department if the lead agencys 26 actual expenditures project an end-of-year deficit; 27 amending s. 409.991, F.S.; revising the definition of 28 the term core services funds; deleting definitions; 29 requiring that the allocation of core services funds 30 be based on a three-tiered payment model; providing 31 specifications for the payment model; requiring that 32 reports be submitted annually to the Governor and the 33 Legislature by a specified date; requiring that all 34 funding for core services be based on the departments 35 methodology; amending s. 409.992, F.S.; revising 36 requirements for lead agency practices in the 37 procurement of commodities and contractual services; 38 requiring the department to impose certain penalties 39 for a lead agencys noncompliance with applicable 40 procurement law; requiring lead agencies to comply 41 with established purchasing practices for the 42 procurement of real property and professional 43 services; revising certain limitations on the salaries 44 of community-based care lead agency administrative 45 employees and the amount of federal grant funds that 46 may be used for executive salaries; amending s. 47 409.994, F.S.; authorizing the department to petition 48 a court for the appointment of a receiver if the 49 secretary of the department determines that certain 50 conditions endanger the dependent children under a 51 lead agencys care; providing that a written 52 certification by the secretary of the department of 53 the dangerous conditions satisfies certain evidentiary 54 requirements; authorizing the department to petition 55 the court for the appointment of a receiver if the 56 lead agency is unlikely to meet its current financial 57 obligations; amending s. 409.996, F.S.; revising 58 requirements for contracts between the department and 59 lead agencies; revising the actions the department may 60 take under certain circumstances; amending s. 409.997, 61 F.S.; deleting the requirement for an annual 62 performance report; amending s. 409.988, F.S.; 63 conforming a provision to changes made by the act; 64 providing an effective date. 65 66 Be It Enacted by the Legislature of the State of Florida: 67 68 Section 1.Subsections (3) and (4) and paragraphs (a) and 69 (b) of subsection (7) of section 409.987, Florida Statutes, are 70 amended, and paragraphs (g) and (h) are added to subsection (7) 71 of that section, to read: 72 409.987Lead agency procurement; boards; conflicts of 73 interest. 74 (3)Notwithstanding s. 287.057, the department shall use 5 75 year contracts with lead agencies. The 5-year contract must be 76 reprocured at the end of each 5-year contract term. The contract 77 may be extended at the discretion of the department for up to 1 78 year, based on department needs. 79 (4)In order to serve as a lead agency, an entity must: 80 (a)Be organized as a Florida corporation or a governmental 81 entity. 82 (b)Be governed by a board of directors or a board 83 committee composed of board members. Board members shall provide 84 oversight and ensure accountability and transparency for the 85 system of care. The board of directors shall provide fiduciary 86 oversight to prevent conflicts of interest, promote 87 accountability and transparency, and protect state and federal 88 funding from misuse. The membership of the board of directors or 89 board committee must be described in the bylaws or articles of 90 incorporation of each lead agency, which must provide that at 91 least 75 percent of the membership of the board of directors or 92 board committee must be composed consist of persons residing in 93 this state, and at least 51 percent of the state residents on 94 the board of directors must reside within the service area of 95 the lead agency. However, for procurements of lead agency 96 contracts initiated on or after July 1, 2014: 97 1.At least 75 percent of the membership of the board of 98 directors must be composed consist of persons residing in this 99 state, and at least 51 percent of the membership of the board of 100 directors must be composed consist of persons residing within 101 the service area of the lead agency. If a board committee 102 governs the lead agency, 100 percent of its membership must be 103 composed consist of persons residing within the service area of 104 the lead agency. 105 2.The powers of the board of directors or board committee 106 include, but are not limited to, approving the lead agencys 107 budget and setting the lead agencys operational policy and 108 procedures. A board of directors must additionally have the 109 power to hire the lead agencys executive director, unless a 110 board committee governs the lead agency, in which case the board 111 committee must have the power to confirm the selection of the 112 lead agencys executive director. 113 (c)Demonstrate financial responsibility through an 114 organized plan for regular fiscal audits and the posting of a 115 performance bond. 116 (7)(a)As used in this subsection, the term: 117 1.Activity includes, but is not limited to, a contract 118 for goods and services, a contract for the purchase of any real 119 or tangible property, or an agreement to engage with a lead 120 agency for the benefit of a third party in exchange for an 121 interest in real or tangible property, a monetary benefit, or an 122 in-kind contribution. 123 2.Conflict of interest means when an employee, a board 124 member or an officer, or a relative of a board member or an 125 officer, of a lead agency does any of the following: 126 a.Enters into a contract or other transaction for goods or 127 services with the lead agency. 128 b.Holds a direct or indirect interest in a corporation, 129 limited liability corporation, partnership, limited liability 130 partnership, or other business entity that conducts business 131 with the lead agency or proposes to enter into a contract or 132 other transaction with the lead agency. For purposes of this 133 paragraph, the term indirect interest has the same meaning as 134 in s. 112.312. 135 c.Knowingly obtains a direct or indirect personal, 136 financial, professional, or other benefit as a result of the 137 relationship of such employee, board member or officer, or 138 relative of the board member or officer, with the lead agency. 139 For purposes of this paragraph, the term benefit does not 140 include per diem and travel expenses paid or reimbursed to board 141 members or officers of the lead agency in connection with their 142 service on the board. 143 3.Related party means any entity of which a director or 144 an executive of the entity is also directly or indirectly 145 related to, or has a direct or indirect financial or other 146 material interest in, the lead agency. The term also includes 147 any subsidiary, parent entity, associate firm, or joint venture, 148 or any entity that is controlled, influenced, or managed by 149 another entity or an individual related to such entity, 150 including an individual who is, or was within the immediately 151 preceding 3 years, an executive officer or a board member of the 152 entity. 153 4.3.Relative means a relative within the third degree of 154 consanguinity by blood or marriage. 155 (b)1.The lead agencys board of directors is responsible 156 for all activity and contractual obligations of the lead agency 157 and must disclose to the department any known or potential 158 conflicts of interest. This duty to disclose is ongoing for the 159 duration of each contract or relevant activity of the lead 160 agency For any activity that is presented to the board of a lead 161 agency for its initial consideration and approval after July 1, 162 2021, or any activity that involves a contract that is being 163 considered for renewal on or after July 1, 2021, but before 164 January 1, 2022, a board member or an officer of a lead agency 165 shall disclose to the board any activity that may reasonably be 166 construed to be a conflict of interest before such activity is 167 initially considered and approved or a contract is renewed by 168 the board. A rebuttable presumption of a conflict of interest 169 exists if the activity was acted on by the board without prior 170 notice as required under paragraph (c). 171 2.A lead agency may not enter into a contract or be a 172 party to any transaction that creates a conflict of interest. 173 The lead agency must submit to the department, for their review 174 and approval, any proposed contract for allowable services 175 involving related parties, prior to contract award and 176 execution. For contracts with a lead agency which are in 177 existence on July 1, 2021, and are not subject to renewal before 178 January 1, 2022, a board member or an officer of the lead agency 179 shall disclose to the board any activity that may reasonably be 180 construed to be a conflict of interest under this section by 181 December 31, 2021. 182 (g)Civil penalties in the amount of $5,000 per occurrence 183 shall be imposed for each known and potential conflict of 184 interest which is not disclosed to the department. 185 (h)A contract procured for which there was a conflict of 186 interest that was not disclosed shall result in: 187 1.A civil penalty in the amount of $50,000 for a first 188 offense. 189 2.A civil penalty in the amount of $100,000 for a second 190 or subsequent offense. 191 (i)Any contract procured in this manner must be 192 reprocured. 193 Section 2.Subsection (1) of section 409.988, Florida 194 Statutes, is amended to read: 195 409.988Community-based care lead agency duties; general 196 provisions. 197 (1)DUTIES.A lead agency: 198 (a)1.Shall serve: 199 a.All children referred as a result of a report of abuse, 200 neglect, or abandonment to the departments central abuse 201 hotline, including, but not limited to, children who are the 202 subject of verified reports and children who are not the subject 203 of verified reports but who are at moderate to extremely high 204 risk of abuse, neglect, or abandonment, as determined using the 205 departments risk assessment instrument, regardless of the level 206 of funding allocated to the lead agency by the state if all 207 related funding is transferred. 208 b.Children who were adopted from the child welfare system 209 and whose families require postadoption supports. 210 2.May also serve children who have not been the subject of 211 reports of abuse, neglect, or abandonment, but who are at risk 212 of abuse, neglect, or abandonment, to prevent their entry into 213 the child protection and child welfare system. 214 (b)Shall provide accurate and timely information necessary 215 for oversight by the department pursuant to the child welfare 216 results-oriented accountability system required by s. 409.997. 217 (c)Shall follow the financial guidelines developed by the 218 department and shall comply with regular, independent auditing 219 of its financial activities, including any requests for records 220 associated with such financial audits within the timeframe 221 established by the department or its contracted vendors provide 222 for a regular independent auditing of its financial activities. 223 The results of the financial audit must Such financial 224 information shall be provided to the community alliance 225 established under s. 20.19(5). 226 (d)Shall prepare all judicial reviews, case plans, and 227 other reports necessary for court hearings for dependent 228 children, except those related to the investigation of a 229 referral from the departments child abuse hotline, and shall 230 submit these documents timely to the departments attorneys for 231 review, any necessary revision, and filing with the court. The 232 lead agency shall make the necessary staff available to 233 department attorneys for preparation for dependency proceedings, 234 and shall provide testimony and other evidence required for 235 dependency court proceedings in coordination with the 236 departments attorneys. This duty does not include the 237 preparation of legal pleadings or other legal documents, which 238 remain the responsibility of the department. Timely submission 239 of documents by the lead agency to the departments attorneys 240 includes the following parameters: 241 1.All documents prepared and kept by the lead agency must 242 be made available at the request of the departments attorneys 243 within 1 business day. 244 2.Before each court hearing, the departments attorneys 245 and the case manager must confer on any case to be heard in 246 court. For dependency and termination of parental rights 247 adjudicatory hearings, the departments attorneys and the case 248 manager must confer no fewer than 3 days before the hearing. 249 3.For judicial review hearings, the departments attorneys 250 and the case manager must confer no fewer than 3 days before the 251 hearing, provided that the attorneys receive from the case 252 manager the judicial review social study report 10 business days 253 before the hearing. 254 (e)Shall ensure that all individuals providing care for 255 dependent children receive: 256 1.Appropriate training and meet the minimum employment 257 standards established by the department. Appropriate training 258 shall include, but is not limited to, training on the 259 recognition of and responses to head trauma and brain injury in 260 a child under 6 years of age developed by the Child Protection 261 Team Program within the Department of Health. 262 2.Contact information for the local mobile response team 263 established under s. 394.495. 264 (f)Shall maintain eligibility to receive all available 265 federal child welfare funds. 266 (g)Shall adhere to all best child welfare practices under 267 ss. 39.4087, 39.523, 409.1415, and 409.145. 268 (h)Shall maintain written agreements with Healthy Families 269 Florida lead entities in its service area pursuant to s. 409.153 270 to promote cooperative planning for the provision of prevention 271 and intervention services. 272 (i)Shall comply with federal and state statutory 273 requirements and agency rules in the provision of contractual 274 services. Any subcontract in excess of the simplified 275 acquisition threshold specified in 2 C.F.R. part 200 must comply 276 with the competitive procurement process in chapter 287. 277 (j)May subcontract for the provision of services, 278 excluding administrative and management functions, required by 279 the contract with the lead agency and the department; however, 280 the subcontracts must specify how the provider will contribute 281 to the lead agency meeting the performance standards established 282 pursuant to the child welfare results-oriented accountability 283 system required by s. 409.997. The lead agency shall directly 284 provide no more than 35 percent of all child welfare services 285 provided unless it can demonstrate a need, within the lead 286 agencys geographic service area, to exceed this threshold. The 287 local community alliance in the geographic service area in which 288 the lead agency is seeking to exceed the threshold shall review 289 the lead agencys justification for need and recommend to the 290 department whether the department should approve or deny the 291 lead agencys request for an exemption from the services 292 threshold. If there is not a community alliance operating in the 293 geographic service area in which the lead agency is seeking to 294 exceed the threshold, such review and recommendation shall be 295 made by representatives of local stakeholders, including at 296 least one representative from each of the following: 297 1.The department. 298 2.The county government. 299 3.The school district. 300 4.The county United Way. 301 5.The county sheriffs office. 302 6.The circuit court corresponding to the county. 303 7.The county childrens board, if one exists. 304 (k)Shall publish on its website by the 15th day of each 305 month at a minimum the data specified in subparagraphs 1.-9. 1. 306 5., calculated using a standard methodology determined by the 307 department, for the preceding calendar month regarding its case 308 management services. The following information must shall be 309 reported by each individual subcontracted case management 310 provider, by the lead agency, if the lead agency provides case 311 management services, and in total for all case management 312 services subcontracted or directly provided by the lead agency: 313 1.The average caseload of case managers, including only 314 filled positions; 315 2.The total number and percentage of case managers who 316 have 25 or more cases on their caseloads; 317 3.The turnover rate for case managers and case management 318 supervisors for the previous 12 months; 319 4.The percentage of required home visits completed; and 320 5.Performance on outcome measures required pursuant to s. 321 409.997 for the previous 12 months;. 322 6.The number of unlicensed placements for the previous 323 month; 324 7.The percentages and trends for foster parent and group 325 home recruitment and licensure for the previous month; 326 8.The percentage of families being served through family 327 support, in-home, and out-of-home services for the previous 328 month; and 329 9.The percentage of cases that converted from nonjudicial 330 to judicial for the previous month. 331 (l)Shall identify an employee to serve as a liaison with 332 the community alliance and community-based and faith-based 333 organizations interested in collaborating with the lead agency 334 or offering services or other assistance on a volunteer basis to 335 the children and families served by the lead agency. The lead 336 agency shall ensure that appropriate lead agency staff and 337 subcontractors, including, but not limited to, case managers, 338 are informed of the specific services or assistance available 339 from community-based and faith-based organizations. 340 (m)Shall include the statement ...(community-based care 341 lead agency name)... is a community-based care lead agency 342 contracted with the Department of Children and Families on its 343 website and, at a minimum, in its promotional literature, lead 344 agency-created documents and forms provided to families served 345 by the lead agency, business cards, and stationery letterhead. 346 (n)Shall ensure that it is addressing the unique needs of 347 the fathers of children who are served by the lead agency. 348 1.The lead agency shall: 349 a.Conduct an initial assessment of its engagement with 350 such fathers and provision of and referral to father-oriented 351 services. 352 b.Create an action plan to address any gaps identified 353 through the assessment and implement the action plan. 354 c.Employ a father-engagement specialist to, at a minimum, 355 build relationships with fathers, help identify their needs, 356 assist them in accessing services, and communicate with the lead 357 agency about the challenges faced by these fathers and how to 358 appropriately meet their unique needs. The lead agency shall 359 prioritize individuals who have faced experiences similar to the 360 fathers who are being served by the lead agency for selection as 361 a father-engagement specialist. 362 2.The department shall annually review how the lead agency 363 is meeting the needs of fathers, including, at a minimum, how 364 the lead agency is helping fathers establish positive, stable 365 relationships with their children and assisting fathers in 366 receiving needed services. The lead agency shall provide any 367 relevant information on how it is meeting the needs of these 368 fathers to the department, which must be included in the report 369 required under s. 409.997. 370 Section 3.Present subsections (2) through (8) of section 371 409.990, Florida Statutes, are redesignated as subsections (3) 372 through (9), respectively, and a new subsection (2) is added to 373 that section, to read: 374 409.990Funding for lead agencies.A contract established 375 between the department and a lead agency must be funded by a 376 grant of general revenue, other applicable state funds, or 377 applicable federal funding sources. 378 (2)Before the release of funds, each lead agency shall 379 submit a detailed spending plan, approved by its board of 380 directors, to the department for all projected expenditures for 381 the fiscal year. The spending plan must demonstrate that core 382 expenditures will not exceed the appropriated amount of core 383 services funds and that the plan reserves a certain amount of 384 funding for unanticipated expenses. Each lead agency must 385 receive its statutory 2-month advance; however, the department 386 may not release additional funds until it has reviewed and 387 approved the lead agencys spending plan. At any point during 388 the year, if a lead agencys actual expenditures project an end 389 of-year deficit, the lead agency must submit a revised spending 390 plan to the department. The revised spending plan must reflect 391 actions the lead agency will take to remain within appropriated 392 core services fund amounts for the remainder of the fiscal year. 393 Section 4.Section 409.991, Florida Statutes, is amended to 394 read: 395 409.991Allocation of funds for community-based care lead 396 agencies. 397 (1)As used in this section, the term: 398 (a)core services funds means all funds allocated to 399 community-based care lead agencies operating under contract with 400 the department pursuant to s. 409.987. The term does not include 401 any of, with the following exceptions: 402 (a)1.Funds appropriated for independent living services.; 403 (b)2.Funds appropriated for maintenance adoption 404 subsidies.; 405 (c)3.Funds allocated by the department for child 406 protective investigation service investigations training.; 407 (d)4.Nonrecurring funds.; 408 (e)5.Designated mental health wrap-around service services 409 funds.; 410 (f)6.Funds for special projects for a designated 411 community-based care lead agency.; and 412 (g)7.Funds appropriated for the Guardianship Assistance 413 Program established under s. 39.6225. 414 (b)Equity allocation model means an allocation model 415 that uses the following factors: 416 1.Proportion of the child population; 417 2.Proportion of child abuse hotline workload; and 418 3.Proportion of children in care. 419 (c)Proportion of child population means the proportion 420 of children up to 18 years of age during the previous calendar 421 year in the geographic area served by the community-based care 422 lead agency. 423 (d)Proportion of child abuse hotline workload means the 424 weighted average of the following subcomponents: 425 1.The average number of initial and additional child abuse 426 reports received during the month for the most recent 12 months 427 based on child protective investigations trend reports as 428 determined by the department. This subcomponent shall be 429 weighted as 20 percent of the factor. 430 2.The average count of children in investigations in the 431 most recent 12 months based on child protective investigations 432 trend reports as determined by the department. This subcomponent 433 shall be weighted as 40 percent of the factor. 434 3.The average count of children in investigations with a 435 most serious finding of verified abuse in the most recent 12 436 months based on child protective investigations trend reports as 437 determined by the department. This subcomponent shall be 438 weighted as 40 percent of the factor. 439 (e)Proportion of children in care means the proportion 440 of the number of children in care receiving in-home services 441 over the most recent 12-month period, the number of children 442 whose families are receiving family support services over the 443 most recent 12-month period, and the number of children who have 444 entered into out-of-home care with a case management overlay 445 during the most recent 24-month period. This subcomponent shall 446 be weighted as follows: 447 1.Fifteen percent shall be based on children whose 448 families are receiving family support services. 449 2.Fifty-five percent shall be based on children in out-of 450 home care. 451 3.Thirty percent shall be based on children in in-home 452 care. 453 (2)Allocation of core services funds must be based on an 454 actuarially sound, tiered payment model. The tiered models 455 purpose is to achieve the overarching goals of a stable payment 456 model that adjusts to workload and incentivizes prevention, 457 family preservation, and permanency. 458 (a)Tier 1 provides operational base costs, including 459 administrative and other expenses that do not vary based on the 460 number of children and families served. Tier 1 payments may vary 461 by geographic catchment area and cost of living differences. The 462 department shall establish and annually update Tier 1 payment 463 rates to maintain cost expectations that are aligned with the 464 population served, services provided, and environment. 465 (b)Tier 2 is a per-child, per-month payment designed to 466 provide funding for lead agencies expenses that vary based on 467 the number of children served for a particular month. The 468 payment rate blends out-of-home rates and in-home rates specific 469 to each lead agency to create a rate that provides a financial 470 incentive to lead agencies to provide services in the least 471 restrictive safe placement. The department shall establish and 472 annually update Tier 2 payment rates to maintain cost 473 expectations that are aligned with the population served, 474 services provided, and environment. Tier 2 rates must be set 475 annually. 476 (c)Tier 3 provides financial incentives that the 477 department shall establish to reward lead agencies that achieve 478 performance measures aligned with the departments goals of 479 prevention, family preservation, and permanency. 480 (2)The equity allocation of core services funds shall be 481 calculated based on the following weights: 482 (a)Proportion of the child population shall be weighted as 483 5 percent of the total. 484 (b)Proportion of child abuse hotline workload shall be 485 weighted as 35 percent of the total. 486 (c)Proportion of children in care shall be weighted as 60 487 percent of the total. 488 (3)By December 1 of each year, the department shall submit 489 a report to the Governor, the President of the Senate, and the 490 Speaker of the House of Representatives which includes each lead 491 agencys actual performance in attaining the previous fiscal 492 years targets, recommendations for adjustments to lead agency 493 funding, and adjustments to the tiered payment model, if 494 necessary Beginning in the 2015-2016 state fiscal year, 100 495 percent of the recurring core services funding for each 496 community-based care lead agency shall be based on the prior 497 year recurring base of core services funds. 498 (4)Unless otherwise specified in the General 499 Appropriations Act, the department shall allocate all funding 500 for core services, based on the departments methodology any new 501 core services funds shall be allocated based on the equity 502 allocation model as follows: 503 (a)Seventy percent of new funding shall be allocated among 504 all community-based care lead agencies. 505 (b)Thirty percent of new funding shall be allocated among 506 community-based care lead agencies that are funded below their 507 equitable share. Funds allocated pursuant to this paragraph 508 shall be weighted based on each community-based care lead 509 agencys relative proportion of the total amount of funding 510 below the equitable share. 511 Section 5.Subsections (1) and (3) of section 409.992, 512 Florida Statutes, are amended to read: 513 409.992Lead agency expenditures. 514 (1)The procurement of commodities or contractual services 515 by lead agencies is shall be governed by the financial 516 guidelines developed by the department and must comply with 517 applicable state and federal law and follow good business 518 practices. Pursuant to s. 11.45, the Auditor General may provide 519 technical advice in the development of the financial guidelines. 520 (a)Lead agencies shall competitively procure all 521 contracts, consistent with the simplified acquisition threshold 522 as specified in 2 C.F.R. part 200. Financial penalties or 523 sanctions, as established by the department and incorporated 524 into the contract, shall be imposed by the department for 525 noncompliance with applicable local, state, or federal law for 526 the procurement of commodities or contractual services. 527 (b)Notwithstanding s. 402.73, for procurement of real 528 property or professional services, lead agencies shall comply 529 with established purchasing practices, including the provisions 530 of s. 287.055, as required, for professional services, including 531 engineering or construction design. Upon termination of the lead 532 agencys contract, the department shall immediately retain all 533 rights to and ownership of real property procured. 534 (3)Notwithstanding any other provision of law, a 535 community-based care lead agency administrative employee may not 536 receive a salary, whether base pay or base pay combined with any 537 bonus or incentive payments, in excess of 150 percent of the 538 annual salary paid to the secretary of the Department of 539 Children and Families from state-appropriated funds, including 540 state-appropriated federal funds. This limitation applies 541 regardless of the number of contracts a community-based care 542 lead agency may execute with the department. Additionally, the 543 amount of federal grant funds that may be used for an executive 544 salary may not exceed the Executive Level II salary level, as 545 directed by the federal Health Resources and Services 546 Administration. This subsection does not prohibit any party from 547 providing cash that is not from appropriated state funds to a 548 community-based care lead agency administrative employee. 549 Section 6.Paragraphs (c) and (d) of subsection (1) of 550 section 409.994, Florida Statutes, are amended to read: 551 409.994Community-based care lead agencies; receivership. 552 (1)The Department of Children and Families may petition a 553 court of competent jurisdiction for the appointment of a 554 receiver for a community-based care lead agency established 555 pursuant to s. 409.987 if any of the following conditions exist: 556 (c)The secretary of the department determines that 557 conditions exist in the lead agency which present a an imminent 558 danger to the health, safety, or welfare of the dependent 559 children under that agencys care or supervision. A written 560 certification of such conditions by the secretary of the 561 department constitutes prima facie evidence that this 562 requirement is satisfied. Whenever possible, the department 563 shall make a reasonable effort to facilitate the continued 564 operation of the program. 565 (d)The lead agency cannot meet, or is unlikely to meet, 566 its current financial obligations to its employees, contractors, 567 or foster parents. Issuance of bad checks or the existence of 568 delinquent obligations for payment of salaries, utilities, or 569 invoices for essential services or commodities constitutes shall 570 constitute prima facie evidence that the lead agency lacks the 571 financial ability to meet its financial obligations. 572 Section 7.Paragraph (d) of subsection (1) of section 573 409.996, Florida Statutes, is amended to read: 574 409.996Duties of the Department of Children and Families. 575 The department shall contract for the delivery, administration, 576 or management of care for children in the child protection and 577 child welfare system. In doing so, the department retains 578 responsibility for the quality of contracted services and 579 programs and shall ensure that, at a minimum, services are 580 delivered in accordance with applicable federal and state 581 statutes and regulations and the performance standards and 582 metrics specified in the strategic plan created under s. 583 20.19(1). 584 (1)The department shall enter into contracts with lead 585 agencies for the performance of the duties by the lead agencies 586 established in s. 409.988. At a minimum, the contracts must do 587 all of the following: 588 (d)Provide for contractual actions tiered interventions 589 and graduated penalties for failure to comply with contract 590 terms or in the event of performance deficiencies, as determined 591 appropriate by the department. Such interventions and penalties 592 must shall include, but are not limited to: 593 1.Enhanced monitoring and reporting. 594 2.Corrective action plans. 595 2.3.Requirements to accept technical assistance and 596 consultation from the department under subsection (6). 597 3.4.Financial penalties, which shall require a lead agency 598 to direct reallocate funds from administrative costs to the 599 department. The department shall use the funds collected to 600 support service delivery of quality improvement activities for 601 children in the lead agencys care to direct care for children. 602 These penalties may be imposed for failure to provide timely, 603 sufficient resolution of deficiencies resulting in a corrective 604 action plan or other performance improvement plan issued by the 605 department. Financial penalties may include liquidated damages. 606 4.The department shall include in each lead agency 607 contract executed a provision that requires payment to the 608 department of sanctions or disincentives for failure to comply 609 with contractual obligations. The department shall establish a 610 schedule of daily monetary sanctions or disincentives for lead 611 agencies, which schedule shall be incorporated by reference into 612 the contract. Contracts must, at a minimum, include sanctions or 613 disincentives for failure to comply with the following: 614 (I)A corrective action plan; 615 (II)A child placement agreement that includes all required 616 safety and care precautions and behavior management plans needed 617 to keep the children and others safe; 618 (III)State and federal law requirements for the 619 procurement of commodities or contractual services; 620 (IV)State and federal law requirements for related parties 621 which address conflicts of interest; 622 (V)Disclosure or reporting of any conflict of interest to 623 the department; 624 (VI)Provision of timely data and information as requested 625 by the department or its contracted vendors; and 626 (VII)Maintenance of an adequate network of placement 627 arrangements based on the needs of the children in the lead 628 agencys care, including placement locations that are licensed 629 or that provide an authorized setting or stable nightly 630 placements. 631 632 The department is solely responsible for determining the 633 monetary value of liquidated damages. 634 5.Early termination of contracts, as provided in s. 635 402.1705(3)(f). 636 Section 8.Paragraph (g) of subsection (2) of section 637 409.997, Florida Statutes, is amended to read: 638 409.997Child welfare results-oriented accountability 639 program. 640 (2)The purpose of the results-oriented accountability 641 program is to monitor and measure the use of resources, the 642 quality and amount of services provided, and child and family 643 outcomes. The program includes data analysis, research review, 644 and evaluation. The program shall produce an assessment of 645 individual entities performance, as well as the performance of 646 groups of entities working together on a local, judicial 647 circuit, regional, and statewide basis to provide an integrated 648 system of care. Data analyzed and communicated through the 649 accountability program shall inform the departments development 650 and maintenance of an inclusive, interactive, and evidence 651 supported program of quality improvement which promotes 652 individual skill building as well as organizational learning. 653 The department may use data generated by the program regarding 654 performance drivers, process improvements, short-term and long 655 term outcomes, and quality improvement efforts to determine 656 contract compliance and as the basis for payment of performance 657 incentives if funds for such payments are made available through 658 the General Appropriations Act. The information compiled and 659 utilized in the accountability program must incorporate, at a 660 minimum: 661 (g)An annual performance report that is provided to 662 interested parties including the dependency judge or judges in 663 the community-based care service area. The report shall be 664 submitted to the Governor, the President of the Senate, and the 665 Speaker of the House of Representatives by November 15 of each 666 year. 667 Section 9.Paragraph (n) of subsection (1) of section 668 409.988, Florida Statutes, is amended to read: 669 409.988Community-based care lead agency duties; general 670 provisions. 671 (1)DUTIES.A lead agency: 672 (n)Shall ensure that it is addressing the unique needs of 673 the fathers of children who are served by the lead agency. 674 1.The lead agency shall: 675 a.Conduct an initial assessment of its engagement with 676 such fathers and provision of and referral to father-oriented 677 services. 678 b.Create an action plan to address any gaps identified 679 through the assessment and implement the action plan. 680 c.Employ a father-engagement specialist to, at a minimum, 681 build relationships with fathers, help identify their needs, 682 assist them in accessing services, and communicate with the lead 683 agency about the challenges faced by these fathers and how to 684 appropriately meet their unique needs. The lead agency shall 685 prioritize individuals who have faced experiences similar to the 686 fathers who are being served by the lead agency for selection as 687 a father-engagement specialist. 688 2.The department shall annually review how the lead agency 689 is meeting the needs of fathers, including, at a minimum, how 690 the lead agency is helping fathers establish positive, stable 691 relationships with their children and assisting fathers in 692 receiving needed services. The lead agency shall provide any 693 relevant information on how it is meeting the needs of these 694 fathers to the department, which must be included in the report 695 required under s. 409.997. 696 Section 10.This act shall take effect July 1, 2024.