Bill > S0536

Introduced Session

An act relating to community-based child welfare agencies; amending s. 409.016, F.S.; defining the term “management functions”; amending s. 409.987, F.S.; revising requirements for contracts the Department of Children and Families has with community-based care lead agencies; providing duties for board members of lead agencies; requiring that lead agencies ensure that board members participate in certain annual training; requiring the posting of a fidelity bond; revising the definition of the term “conflict of interest”; defining the term “related party”; requiring the lead agency’s board of directors to disclose to the department any known actual or potential conflicts of interest; prohibiting a lead agency from entering into a contract or being a party to any transaction with related parties if a conflict of interest is not properly disclosed; prohibiting a lead agency from entering into a contract or being a party to any transaction with related parties for officer-level or director-level staffing to perform management functions; requiring the contract with the department and the lead agency to specify the administrative functions that the lead agency may subcontract; authorizing a lead agency to enter into certain contracts or be a party to certain transactions, provided that a certain requirement for fees, rates, and prices paid is met and any conflict of interest is properly disclosed; requiring department contracts to impose contractual penalties on lead agencies for undisclosed conflicts of interest; providing applicability; requiring certain contracts to be reprocured; authorizing the department to recoup lead agency expenses for the execution of certain contracts; amending s. 409.988, F.S.; revising lead agency duties; repealing s. 409.991, F.S., relating to allocation of funds for community-based care lead agencies; creating s. 409.9913, F.S.; defining the terms “core services funding” and “operational and fixed costs”; requiring the department, in collaboration with the lead agencies and providers of child welfare services, to develop a specific funding methodology for the allocation of core services which must meet certain criteria; requiring the lead agencies and providers of child welfare services to submit to the department certain financial information; requiring the department to submit to the Governor and the Legislature certain reports by specified dates; providing construction; authorizing the department to include certain rates and total allocations in certain reports; requiring the Legislature to allocate funding to the lead agencies with due consideration of the specified funding methodology, beginning with a specified fiscal year; prohibiting the department from changing a lead agency’s allocation of funds provided in the General Appropriations Act without legislative approval; authorizing the department to approve certain risk pool funding for a lead agency; requiring the department to submit to the Governor and the Legislature certain monthly reports for a specified period of time; amending s. 409.992, F.S.; revising requirements for lead agency practices in the procurement of commodities and contractual services; requiring the department to impose certain penalties for a lead agency’s noncompliance with applicable procurement law; requiring the contract between the department and the lead agency to specify the rights and obligations with regard to real property held by the lead agency during the term of the contract; providing applicability of certain limitations on the salaries of community-based care lead agency administrative employees; amending s. 409.994, F.S.; revising the conditions under which the department may petition a court for the appointment of a receiver for a community-based care lead agency; amending s. 409.996, F.S.; revising requirements for contracts between the department and lead agencies; revising the actions the department may take under certain circumstances; making a technical change; providing duties of the department; requiring the department, by specified dates, to submit certain reports to the Governor and the Legislature; providing an effective date.

AI Summary

Committee Categories

Ileana Garcia (R)*, 

Other Sponsors (3)

Died in returning Messages (on 03/08/2024)

Official Document