September 21, 2019
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Senate Bill 1476

Senate Bill sb1476e2

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    CS for CS for CS for SB 1476                  Second Engrossed



  1                      A bill to be entitled

  2         An act relating to the Department of Children

  3         and Family Services; providing definitions;

  4         requiring the department to allow all public

  5         postsecondary institutions to bid on contracts

  6         intended for any public postsecondary

  7         institution; authorizing the department to

  8         competitively procure and contract for systems

  9         of treatment or service that involve multiple

10         providers; providing requirements if other

11         governmental entities contribute matching

12         funds; requiring that an entity providing

13         matching funds must comply with certain

14         procurement procedures; authorizing the

15         department to independently procure and

16         contract for treatment services; requiring

17         multiyear contracts unless justification is

18         provided; requiring that the department

19         establish a contract management process;

20         specifying the requirements for and components

21         of the contract management process; providing

22         requirements for resolving performance

23         deficiencies and terminating a contract;

24         requiring a corrective action plan under

25         certain circumstances; requiring that the

26         department establish contract monitoring units

27         and a contract monitoring process; requiring

28         written reports; requiring on site visits for

29         contracts involving the provision of direct

30         client services; amending s. 402.73, F.S.;

31         authorizing the department to adopt incremental


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    CS for CS for CS for SB 1476                  Second Engrossed



 1         penalties by rule; requiring the Agency for

 2         Persons with Disabilities to implement systems

 3         to ensure quality and fiscal integrity of

 4         programs in the developmental services Medicaid

 5         waiver system; providing an exemption for

 6         health services from competitive bidding

 7         requirements; amending s. 409.1671, F.S.;

 8         conforming provisions to changes made by the

 9         act; requiring that the Office of Program

10         Policy Analysis and Government Accountability

11         conduct two reviews of the contract-management

12         and accountability structures of the department

13         and report to the Legislature and the Auditor

14         General; authorizing the Department of Children

15         and Family Services to enter into agreements

16         with a private contractor to finance, design,

17         and construct a secure facility; authorizing

18         the contractor to sponsor issuance of certain

19         financing certificates or securities;

20         authorizing the state to enter into a

21         lease-purchase agreement; requiring

22         implementation by a time certain; providing for

23         future repeal; repealing s. 402.72, F.S.,

24         relating to contract management requirements

25         for the Department of Children and Family

26         Services; providing an effective date.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30         Section 1.  Department of Children and Family Services;

31  procurement of contractual services; contract management.--


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    CS for CS for CS for SB 1476                  Second Engrossed



 1         (1)  DEFINITIONS.--As used in this section, the term:

 2         (a)  "Contract manager" means the department employee

 3  who is responsible for enforcing the compliance with

 4  administrative and programmatic terms and conditions of a

 5  contract. The contract manager is the primary point of contact

 6  through which all contracting information flows between the

 7  department and the contractor. The contract manager is

 8  responsible for day-to-day contract oversight, including

 9  approval of contract deliverables and invoices. All actions

10  related to the contract shall be initiated by or coordinated

11  with the contract manager. The contract manager maintains the

12  official contract files.

13         (b)  "Contract monitor" means the department employee

14  who is responsible for observing, recording, and reporting to

15  the contract manager and other designated entities the

16  information necessary to assist the contract manager and

17  program management in determining whether the contractor is in

18  compliance with the administrative and programmatic terms and

19  conditions of the contract.

20         (c)  "Department" means the Department of Children and

21  Family Services.

22         (d)  "Outsourcing" means the process of contracting

23  with an external service provider to provide a service, in

24  whole or in part, while the department retains the

25  responsibility and accountability for the service.

26         (2)  PROCUREMENT OF COMMODITIES AND CONTRACTUAL

27  SERVICES.--

28         (a)  Notwithstanding section 287.057(5)(f)13., Florida

29  Statutes, whenever the department intends to contract with a

30  public postsecondary institution to provide a service, the

31  department must allow all public postsecondary institutions in


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  this state that are accredited by the Southern Association of

 2  Colleges and Schools to bid on the contract. Thereafter,

 3  notwithstanding any other provision to the contrary, if a

 4  public postsecondary institution intends to subcontract for

 5  any service awarded in the contract, the subcontracted service

 6  must be procured by competitive procedures.

 7         (b)  When it is in the best interest of a defined

 8  segment of its consumer population, the department may

 9  competitively procure and contract for systems of treatment or

10  service that involve multiple providers, rather than procuring

11  and contracting for treatment or services separately from each

12  participating provider. The department must ensure that all

13  providers that participate in the treatment or service system

14  meet all applicable statutory, regulatory, service-quality,

15  and cost-control requirements. If other governmental entities

16  or units of special purpose government contribute matching

17  funds to the support of a given system of treatment or

18  service, the department shall formally request information

19  from those funding entities in the procurement process and may

20  take the information received into account in the selection

21  process. If a local government contributes matching funds to

22  support the system of treatment or contracted service and if

23  the match constitutes at least 25 percent of the value of the

24  contract, the department shall afford the governmental match

25  contributor an opportunity to name an employee as one of the

26  persons required by section 287.057(17), Florida Statutes, to

27  evaluate or negotiate certain contracts, unless the department

28  sets forth in writing the reason why the inclusion would be

29  contrary to the best interest of the state. Any employee so

30  named by the governmental match contributor shall qualify as

31  one of the persons required by section 287.057(17), Florida


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  Statutes. A governmental entity or unit of special purpose

 2  government may not name an employee as one of the persons

 3  required by section 287.057(17), Florida Statutes, if it, or

 4  any of its political subdivisions, executive agencies, or

 5  special districts, intends to compete for the contract to be

 6  awarded. The governmental funding entity or contributor of

 7  matching funds must comply with all procurement procedures set

 8  forth in section 287.057, Florida Statutes, when appropriate

 9  and required.

10         (c)  The department may procure and contract for or

11  provide assessment and case-management services independently

12  from treatment services.

13         (3)  CONTRACT-MANAGEMENT REQUIREMENTS AND PROCESS.--The

14  Department of Children and Family Services shall review the

15  time period for which the department executes contracts and

16  shall execute multiyear contracts to make the most efficient

17  use of the resources devoted to contract processing and

18  execution. Whenever the department chooses not to use a

19  multiyear contract, a justification for that decision must be

20  contained in the contract. Notwithstanding section

21  287.057(15), Florida Statutes, the department is responsible

22  for establishing a contract-management process that requires a

23  member of the department's Senior Management or Select Exempt

24  Service to assign in writing the responsibility of a contract

25  to a contract manager. The department shall maintain a set of

26  procedures describing its contract-management process which

27  must minimally include the following requirements:

28         (a)  The contract manager shall maintain the official

29  contract file throughout the duration of the contract and for

30  a period not less than 6 years after the termination of the

31  contract.


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    CS for CS for CS for SB 1476                  Second Engrossed



 1         (b)  The contract manager shall review all invoices for

 2  compliance with the criteria and payment schedule provided for

 3  in the contract and shall approve payment of all invoices

 4  before their transmission to the Department of Financial

 5  Services for payment.

 6         (c)  The contract manager shall maintain a schedule of

 7  payments and total amounts disbursed and shall periodically

 8  reconcile the records with the state's official accounting

 9  records.

10         (d)  For contracts involving the provision of direct

11  client services, the contract manager shall periodically visit

12  the physical location where the services are delivered and

13  speak directly to clients receiving the services and the staff

14  responsible for delivering the services.

15         (e)  The contract manager shall meet at least once a

16  month directly with the contractor's representative and

17  maintain records of such meetings.

18         (f)  The contract manager shall periodically document

19  any differences between the required performance measures and

20  the actual performance measures. If a contractor fails to meet

21  and comply with the performance measures established in the

22  contract, the department may allow a reasonable period for the

23  contractor to correct performance deficiencies. If performance

24  deficiencies are not resolved to the satisfaction of the

25  department within the prescribed time, and if no extenuating

26  circumstances can be documented by the contractor to the

27  department's satisfaction, the department must terminate the

28  contract. The department may not enter into a new contract

29  with that same contractor for the services for which the

30  contract was previously terminated for a period of at least 24

31  months after the date of termination. The contract manager


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  shall obtain and enforce corrective-action plans, if

 2  appropriate, and maintain records regarding the completion or

 3  failure to complete corrective-action items.

 4         (g)  The contract manager shall document any contract

 5  modifications, which shall include recording any contract

 6  amendments as provided for in this section.

 7         (h)  The contract manager shall be properly trained

 8  before being assigned responsibility for any contract. 

 9         (4)  CONTRACT MONITORING REQUIREMENTS AND PROCESS.--The

10  department shall establish contract monitoring units staffed

11  by career service employees who report to a member of the

12  Select Exempt Service or Senior Management Service and who

13  have been properly trained to perform contract monitoring,

14  with at least one member of the contract monitoring unit

15  possessing specific knowledge and experience in the contract's

16  program area. The department shall establish a

17  contract-monitoring process that must include, but need not be

18  limited to, the following requirements:

19         (a)  Performing a risk assessment at the start of each

20  fiscal year and preparing an annual contract monitoring

21  schedule that includes consideration for the level of risk

22  assigned. The department may monitor any contract at any time

23  regardless of whether such monitoring was originally included

24  in the annual contract-monitoring schedule.

25         (b)  Preparing a contract monitoring plan, including

26  sampling procedures, before performing on site monitoring at

27  external locations of a service provider. The plan must

28  include a description of the programmatic, fiscal, and

29  administrative components that will be monitored on site. If

30  appropriate, clinical and therapeutic components may be

31  included.


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    CS for CS for CS for SB 1476                  Second Engrossed



 1         (c)  Conducting analyses of the performance and

 2  compliance of an external service provider by means of desk

 3  reviews if the external service provider will not be monitored

 4  on site during a fiscal year.

 5         (d)  Unless the department sets forth in writing the

 6  need for an extension, providing a written report presenting

 7  the results of the monitoring within 30 days after the

 8  completion of the on-site monitoring or desk review.

 9         (e)  Developing and maintaining a set of procedures

10  describing the contract-monitoring process. 

11         Section 2.  Section 402.73, Florida Statutes, is

12  amended to read:

13         402.73  Contracting and performance standards.--

14         (1)  The Department of Children and Family Services

15  shall establish performance standards for all contracted

16  client services. Notwithstanding s. 287.057(5)(f), the

17  department must competitively procure any contract for client

18  services when any of the following occurs:

19         (a)  The provider fails to meet appropriate performance

20  standards established by the department after the provider has

21  been given a reasonable opportunity to achieve the established

22  standards.

23         (b)  A new program or service has been authorized and

24  funded by the Legislature and the annual value of the contract

25  for such program or service is $300,000 or more.

26         (c)  The department has concluded, after reviewing

27  market prices and available treatment options, that there is

28  evidence that the department can improve the performance

29  outcomes produced by its contract resources. At a minimum, the

30  department shall review market prices and available treatment

31  options biennially. The department shall compile the results


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  of the biennial review and include the results in its annual

 2  performance report to the Legislature pursuant to chapter

 3  94-249, Laws of Florida. The department shall provide notice

 4  and an opportunity for public comment on its review of market

 5  prices and available treatment options.

 6         (2)  The competitive requirements of subsection (1)

 7  must be initiated for each contract that meets the criteria of

 8  this subsection, unless the secretary makes a written

 9  determination that particular facts and circumstances require

10  deferral of the competitive process. Facts and circumstances

11  must be specifically described for each individual contract

12  proposed for deferral and must include one or more of the

13  following:

14         (a)  An immediate threat to the health, safety, or

15  welfare of the department's clients.

16         (b)  A threat to appropriate use or disposition of

17  facilities that have been financed in whole, or in substantial

18  part, through contracts or agreements with a state agency.

19         (c)  A threat to the service infrastructure of a

20  community which could endanger the well-being of the

21  department's clients. 

22  

23  Competitive procurement of client services contracts that meet

24  the criteria in subsection (1) may not be deferred for longer

25  than 1 year.

26         (3)  The Legislature intends that the department obtain

27  services in the manner that is most cost-effective for the

28  state, that provides the greatest long-term benefits to the

29  clients receiving services, and that minimizes the disruption

30  of client services. In order to meet these legislative goals,

31  the department may adopt rules providing procedures for the


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  competitive procurement of contracted client services which

 2  represent an alternative to the request-for-proposal or

 3  invitation-to-bid process. The alternative competitive

 4  procedures shall permit the department to solicit professional

 5  qualifications from prospective providers and to evaluate such

 6  statements of qualification before requesting service

 7  proposals. The department may limit the firms invited to

 8  submit service proposals to only those firms that have

 9  demonstrated the highest level of professional capability to

10  provide the services under consideration, but may not invite

11  fewer than three firms to submit service proposals, unless

12  fewer than three firms submitted satisfactory statements of

13  qualification. The alternative procedures must, at a minimum,

14  allow the department to evaluate competing proposals and

15  select the proposal that provides the greatest benefit to the

16  state while considering the quality of the services,

17  dependability, and integrity of the provider, the

18  dependability of the provider's services, the experience of

19  the provider in serving target populations or client groups

20  substantially identical to members of the target population

21  for the contract in question, and the ability of the provider

22  to secure local funds to support the delivery of services,

23  including, but not limited to, funds derived from local

24  governments. These alternative procedures need not conform to

25  the requirements of s. 287.042 or s. 287.057(1) or (2).

26         (4)  The department shall review the period for which

27  it executes contracts and, to the greatest extent practicable,

28  shall execute multiyear contracts to make the most efficient

29  use of the resources devoted to contract processing and

30  execution.

31  


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    CS for CS for CS for SB 1476                  Second Engrossed



 1         (5)  When it is in the best interest of a defined

 2  segment of its consumer population, the department may

 3  competitively procure and contract for systems of treatment or

 4  service that involve multiple providers, rather than procuring

 5  and contracting for treatment or services separately from each

 6  participating provider. The department must ensure that all

 7  providers that participate in the treatment or service system

 8  meet all applicable statutory, regulatory, service-quality,

 9  and cost-control requirements. If other governmental entities

10  or units of special purpose government contribute matching

11  funds to the support of a given system of treatment or

12  service, the department shall formally request information

13  from those funding entities in the procurement process and may

14  take the information received into account in the selection

15  process. If a local government contributes match to support

16  the system of treatment or contracted service and if the match

17  constitutes at least 25 percent of the value of the contract,

18  the department shall afford the governmental match contributor

19  an opportunity to name an employee as one of the persons

20  required by s. 287.057(17) to evaluate or negotiate certain

21  contracts, unless the department sets forth in writing the

22  reason why such inclusion would be contrary to the best

23  interest of the state. Any employee so named by the

24  governmental match contributor shall qualify as one of the

25  persons required by s. 287.057(17). No governmental entity or

26  unit of special purpose government may name an employee as one

27  of the persons required by s. 287.057(17) if it, or any of its

28  political subdivisions, executive agencies, or special

29  districts, intends to compete for the contract to be awarded.

30  The governmental funding entity or match contributor shall

31  comply with any deadlines and procurement procedures


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  established by the department. The department may also involve

 2  nongovernmental funding entities in the procurement process

 3  when appropriate.

 4         (6)  The department may contract for or provide

 5  assessment and case management services independently from

 6  treatment services.

 7         (1)(7)  The Department of Children and Family Services

 8  shall adopt, by rule, provisions for including in its

 9  contracts incremental penalties to be imposed by its contract

10  managers on a service provider due to the provider's failure

11  to comply with a requirement for corrective action. Any

12  financial penalty that is imposed upon a provider may not be

13  paid from funds being used to provide services to clients, and

14  the provider may not reduce the amount of services being

15  delivered to clients as a method for offsetting the impact of

16  the penalty. If a financial penalty is imposed upon a provider

17  that is a corporation, the department shall notify, at a

18  minimum, the board of directors of the corporation. The

19  department may notify, at its discretion, any additional

20  parties that the department believes may be helpful in

21  obtaining the corrective action that is being sought. Further,

22  the rules adopted by the department must include provisions

23  that permit the department to deduct the financial penalties

24  from funds that would otherwise be due to the provider, not to

25  exceed 10 percent of the amount that otherwise would be due to

26  the provider for the period of noncompliance. If the

27  department imposes a financial penalty, it shall advise the

28  provider in writing of the cause for the penalty. A failure to

29  include such deductions in a request for payment constitutes a

30  ground for the department to reject that request for payment.

31  The remedies identified in this subsection do not limit or


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  restrict the department's application of any other remedy

 2  available to it in the contract or under law. The remedies

 3  described in this subsection may be cumulative and may be

 4  assessed upon each separate failure to comply with

 5  instructions from the department to complete corrective

 6  action.

 7         (8)  The department shall develop standards of conduct

 8  and a range of disciplinary actions for its employees which

 9  are specifically related to carrying out contracting

10  responsibilities.

11         (2)(9)  The Agency for Persons with Disabilities

12  department must implement systems and controls to ensure

13  financial integrity and service provision quality in the

14  developmental services Medicaid waiver service system.

15         (10)  If a provider fails to meet the performance

16  standards established in the contract, the department may

17  allow a reasonable period for the provider to correct

18  performance deficiencies. If performance deficiencies are not

19  resolved to the satisfaction of the department within the

20  prescribed time, and if no extenuating circumstances can be

21  documented by the provider to the department's satisfaction,

22  the department must cancel the contract with the provider. The

23  department may not enter into a new contract with that same

24  provider for the services for which the contract was

25  previously canceled for a period of at least 24 months after

26  the date of cancellation. If an adult substance abuse services

27  provider fails to meet the performance standards established

28  in the contract, the department may allow a reasonable period,

29  not to exceed 6 months, for the provider to correct

30  performance deficiencies. If the performance deficiencies are

31  not resolved to the satisfaction of the department within 6


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  months, the department must cancel the contract with the adult

 2  substance abuse provider, unless there is no other qualified

 3  provider in the service district.

 4         (3)(11)  The department shall include in its standard

 5  contract document a requirement that any state funds provided

 6  for the purchase of or improvements to real property are

 7  contingent upon the contractor or political subdivision

 8  granting to the state a security interest in the property at

 9  least to the amount of the state funds provided for at least 5

10  years from the date of purchase or the completion of the

11  improvements or as further required by law. The contract must

12  include a provision that, as a condition of receipt of state

13  funding for this purpose, the provider agrees that, if it

14  disposes of the property before the department's interest is

15  vacated, the provider will refund the proportionate share of

16  the state's initial investment, as adjusted by depreciation.

17         (12)  The department shall develop and refine

18  contracting and accountability methods that are

19  administratively efficient and that provide for optimal

20  provider performance.

21         (13)  The department may competitively procure any

22  contract when it deems it is in the best interest of the state

23  to do so. The requirements described in subsection (1) do not,

24  and may not be construed to, limit in any way the department's

25  ability to competitively procure any contract it executes, and

26  the absence of any or all of the criteria described in

27  subsection (1) may not be used as the basis for an

28  administrative or judicial protest of the department's

29  determination to conduct competition, make an award, or

30  execute any contract.

31  


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    CS for CS for CS for SB 1476                  Second Engrossed



 1         (14)  A contract may include cost-neutral,

 2  performance-based incentives that may vary according to the

 3  extent a provider achieves or surpasses the performance

 4  standards set forth in the contract. Such incentives may be

 5  weighted proportionally to reflect the extent to which the

 6  provider has demonstrated that it has consistently met or

 7  exceeded the contractual requirements and the department's

 8  performance standards.

 9         (4)(15)  Nothing contained in chapter 287 shall require

10  competitive bids for health services involving examination,

11  diagnosis, or treatment.

12         Section 3.  Section 409.1671, Florida Statutes, is

13  amended to read:

14         409.1671  Foster care and related services; outsourcing

15  privatization.--

16         (1)(a)  It is the intent of the Legislature that the

17  Department of Children and Family Services shall outsource

18  privatize the provision of foster care and related services

19  statewide. It is further the Legislature's intent to encourage

20  communities and other stakeholders in the well-being of

21  children to participate in assuring that children are safe and

22  well-nurtured. However, while recognizing that some local

23  governments are presently funding portions of certain foster

24  care and related services programs and may choose to expand

25  such funding in the future, the Legislature does not intend by

26  its outsourcing privatization  of foster care and related

27  services that any county, municipality, or special district be

28  required to assist in funding programs that previously have

29  been funded by the state. Counties that provide children and

30  family services with at least 40 licensed residential group

31  care beds by July 1, 2003, and provide at least $2 million


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  annually in county general revenue funds to supplement foster

 2  and family care services shall continue to contract directly

 3  with the state and shall be exempt from the provisions of this

 4  section. Nothing in this paragraph prohibits any county,

 5  municipality, or special district from future voluntary

 6  funding participation in foster care and related services. As

 7  used in this section, the term "outsource" "privatize" means

 8  to contract with competent, community-based agencies. The

 9  department shall submit a plan to accomplish outsourcing

10  privatization statewide, through a competitive process, phased

11  in over a 3-year period beginning January 1, 2000. This plan

12  must be developed with local community participation,

13  including, but not limited to, input from community-based

14  providers that are currently under contract with the

15  department to furnish community-based foster care and related

16  services, and must include a methodology for determining and

17  transferring all available funds, including federal funds that

18  the provider is eligible for and agrees to earn and that

19  portion of general revenue funds which is currently associated

20  with the services that are being furnished under contract. The

21  methodology must provide for the transfer of funds

22  appropriated and budgeted for all services and programs that

23  have been incorporated into the project, including all

24  management, capital (including current furniture and

25  equipment), and administrative funds to accomplish the

26  transfer of these programs. This methodology must address

27  expected workload and at least the 3 previous years'

28  experience in expenses and workload. With respect to any

29  district or portion of a district in which outsourcing

30  privatization cannot be accomplished within the 3-year

31  timeframe, the department must clearly state in its plan the


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  reasons the timeframe cannot be met and the efforts that

 2  should be made to remediate the obstacles, which may include

 3  alternatives to total outsourcing privatization, such as

 4  public-private partnerships. As used in this section, the term

 5  "related services" includes, but is not limited to, family

 6  preservation, independent living, emergency shelter,

 7  residential group care, foster care, therapeutic foster care,

 8  intensive residential treatment, foster care supervision, case

 9  management, postplacement supervision, permanent foster care,

10  and family reunification. Unless otherwise provided for, the

11  state attorney shall provide child welfare legal services,

12  pursuant to chapter 39 and other relevant provisions, in

13  Pinellas and Pasco Counties. When a private nonprofit agency

14  has received case management responsibilities, transferred

15  from the state under this section, for a child who is

16  sheltered or found to be dependent and who is assigned to the

17  care of the outsourcing privatization project, the agency may

18  act as the child's guardian for the purpose of registering the

19  child in school if a parent or guardian of the child is

20  unavailable and his or her whereabouts cannot reasonably be

21  ascertained. The private nonprofit agency may also seek

22  emergency medical attention for such a child, but only if a

23  parent or guardian of the child is unavailable, his or her

24  whereabouts cannot reasonably be ascertained, and a court

25  order for such emergency medical services cannot be obtained

26  because of the severity of the emergency or because it is

27  after normal working hours. However, the provider may not

28  consent to sterilization, abortion, or termination of life

29  support. If a child's parents' rights have been terminated,

30  the nonprofit agency shall act as guardian of the child in all

31  circumstances.


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    CS for CS for CS for SB 1476                  Second Engrossed



 1         (b)  It is the intent of the Legislature that the

 2  department will continue to work towards full outsourcing

 3  privatization in a manner that assures the viability of the

 4  community-based system of care and best provides for the

 5  safety of children in the child protection system. To this

 6  end, the department is directed to continue the process of

 7  outsourcing privatizing services in those counties in which

 8  signed startup contracts have been executed. The department

 9  may also continue to enter into startup contracts with

10  additional counties. However, no services shall be transferred

11  to a community-based care lead agency until the department, in

12  consultation with the local community alliance, has determined

13  and certified in writing to the Governor and the Legislature

14  that the district is prepared to transition the provision of

15  services to the lead agency and that the lead agency is ready

16  to deliver and be accountable for such service provision. In

17  making this determination, the department shall conduct a

18  readiness assessment of the district and the lead agency.

19         1.  The assessment shall evaluate the operational

20  readiness of the district and the lead agency based on:

21         a.  A set of uniform criteria, developed in

22  consultation with currently operating community-based care

23  lead agencies and reflecting national accreditation standards,

24  that evaluate programmatic, financial, technical assistance,

25  training and organizational competencies; and

26         b.  Local criteria reflective of the local

27  community-based care design and the community alliance

28  priorities.

29         2.  The readiness assessment shall be conducted by a

30  joint team of district and lead agency staff with direct

31  experience with the start up and operation of a


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  community-based care service program and representatives from

 2  the appropriate community alliance. Within resources available

 3  for this purpose, the department may secure outside audit

 4  expertise when necessary to assist a readiness assessment

 5  team.

 6         3.  Upon completion of a readiness assessment, the

 7  assessment team shall conduct an exit conference with the

 8  district and lead agency staff responsible for the transition.

 9         4.  Within 30 days following the exit conference with

10  staff of each district and lead agency, the secretary shall

11  certify in writing to the Governor and the Legislature that

12  both the district and the lead agency are prepared to begin

13  the transition of service provision based on the results of

14  the readiness assessment and the exit conference. The document

15  of certification must include specific evidence of readiness

16  on each element of the readiness instrument utilized by the

17  assessment team as well as a description of each element of

18  readiness needing improvement and strategies being implemented

19  to address each one.

20         (c)  The Auditor General and the Office of Program

21  Policy Analysis and Government Accountability (OPPAGA), in

22  consultation with The Child Welfare League of America and the

23  Louis de la Parte Florida Mental Health Institute, shall

24  jointly review and assess the department's process for

25  determining district and lead agency readiness.

26         1.  The review must, at a minimum, address the

27  appropriateness of the readiness criteria and instruments

28  applied, the appropriateness of the qualifications of

29  participants on each readiness assessment team, the degree to

30  which the department accurately determined each district and

31  lead agency's compliance with the readiness criteria, the


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  quality of the technical assistance provided by the department

 2  to a lead agency in correcting any weaknesses identified in

 3  the readiness assessment, and the degree to which each lead

 4  agency overcame any identified weaknesses.

 5         2.  Reports of these reviews must be submitted to the

 6  appropriate substantive and appropriations committees in the

 7  Senate and the House of Representatives on March 1 and

 8  September 1 of each year until full transition to

 9  community-based care has been accomplished statewide, except

10  that the first report must be submitted by February 1, 2004,

11  and must address all readiness activities undertaken through

12  June 30, 2003. The perspectives of all participants in this

13  review process must be included in each report.

14         (d)  In communities where economic or demographic

15  constraints make it impossible or not feasible to

16  competitively contract with a lead agency, the department

17  shall develop an alternative plan in collaboration with the

18  local community alliance, which may include establishing

19  innovative geographical configurations or consortia of

20  agencies. The plan must detail how the community will continue

21  to implement community-based care through competitively

22  procuring either the specific components of foster care and

23  related services or comprehensive services for defined

24  eligible populations of children and families from qualified

25  licensed agencies as part of its efforts to develop the local

26  capacity for a community-based system of coordinated care. The

27  plan must ensure local control over the management and

28  administration of the service provision in accordance with the

29  intent of this section and may include recognized best

30  business practices, including some form of public or private

31  partnerships.


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 1         (e)  As used in this section, the term "eligible lead

 2  community-based provider" means a single agency with which the

 3  department shall contract for the provision of child

 4  protective services in a community that is no smaller than a

 5  county. The secretary of the department may authorize more

 6  than one eligible lead community-based provider within a

 7  single county when to do so will result in more effective

 8  delivery of foster care and related services. To compete for

 9  an outsourcing a privatization project, such agency must have:

10         1.  The ability to coordinate, integrate, and manage

11  all child protective services in the designated community in

12  cooperation with child protective investigations.

13         2.  The ability to ensure continuity of care from entry

14  to exit for all children referred from the protective

15  investigation and court systems.

16         3.  The ability to provide directly, or contract for

17  through a local network of providers, all necessary child

18  protective services. Such agencies should directly provide no

19  more than 35 percent of all child protective services

20  provided.

21         4.  The willingness to accept accountability for

22  meeting the outcomes and performance standards related to

23  child protective services established by the Legislature and

24  the Federal Government.

25         5.  The capability and the willingness to serve all

26  children referred to it from the protective investigation and

27  court systems, regardless of the level of funding allocated to

28  the community by the state, provided all related funding is

29  transferred.

30         6.  The willingness to ensure that each individual who

31  provides child protective services completes the training


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  required of child protective service workers by the Department

 2  of Children and Family Services.

 3         7.  The ability to maintain eligibility to receive all

 4  federal child welfare funds, including Title IV-E and IV-A

 5  funds, currently being used by the Department of Children and

 6  Family Services.

 7         8.  Written agreements with Healthy Families Florida

 8  lead entities in their community, pursuant to s. 409.153, to

 9  promote cooperative planning for the provision of prevention

10  and intervention services.

11         9.  A board of directors, of which at least 51 percent

12  of the membership is comprised of persons residing in this

13  state. Of the state residents, at least 51 percent must also

14  reside within the service area of the lead community-based

15  provider.

16         (f)1.  The Legislature finds that the state has

17  traditionally provided foster care services to children who

18  have been the responsibility of the state. As such, foster

19  children have not had the right to recover for injuries beyond

20  the limitations specified in s. 768.28. The Legislature has

21  determined that foster care and related services need to be

22  outsourced privatized pursuant to this section and that the

23  provision of such services is of paramount importance to the

24  state. The purpose for such outsourcing privatization is to

25  increase the level of safety, security, and stability of

26  children who are or become the responsibility of the state.

27  One of the components necessary to secure a safe and stable

28  environment for such children is that private providers

29  maintain liability insurance. As such, insurance needs to be

30  available and remain available to nongovernmental foster care

31  and related services providers without the resources of such


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  providers being significantly reduced by the cost of

 2  maintaining such insurance.

 3         2.  The Legislature further finds that, by requiring

 4  the following minimum levels of insurance, children in

 5  outsourced privatized foster care and related services will

 6  gain increased protection and rights of recovery in the event

 7  of injury than provided for in s. 768.28.

 8         (g)  In any county in which a service contract has not

 9  been executed by December 31, 2004, the department shall

10  ensure access to a model comprehensive residential services

11  program as described in s. 409.1677 which, without imposing

12  undue financial, geographic, or other barriers, ensures

13  reasonable and appropriate participation by the family in the

14  child's program.

15         1.  In order to ensure that the program is operational

16  by December 31, 2004, the department must, by December 31,

17  2003, begin the process of establishing access to a program in

18  any county in which the department has not either entered into

19  a transition contract or approved a community plan, as

20  described in paragraph (d), which ensures full outsourcing

21  privatization by the statutory deadline.

22         2.  The program must be procured through a competitive

23  process.

24         3.  The Legislature does not intend for the provisions

25  of this paragraph to substitute for the requirement that full

26  conversion to community-based care be accomplished.

27         (h)  Other than an entity to which s. 768.28 applies,

28  any eligible lead community-based provider, as defined in

29  paragraph (e), or its employees or officers, except as

30  otherwise provided in paragraph (i), must, as a part of its

31  contract, obtain a minimum of $1 million per claim/$3 million


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  per incident in general liability insurance coverage. The

 2  eligible lead community-based provider must also require that

 3  staff who transport client children and families in their

 4  personal automobiles in order to carry out their job

 5  responsibilities obtain minimum bodily injury liability

 6  insurance in the amount of $100,000 per claim, $300,000 per

 7  incident, on their personal automobiles. In any tort action

 8  brought against such an eligible lead community-based provider

 9  or employee, net economic damages shall be limited to $1

10  million per liability claim and $100,000 per automobile claim,

11  including, but not limited to, past and future medical

12  expenses, wage loss, and loss of earning capacity, offset by

13  any collateral source payment paid or payable. In any tort

14  action brought against such an eligible lead community-based

15  provider, noneconomic damages shall be limited to $200,000 per

16  claim. A claims bill may be brought on behalf of a claimant

17  pursuant to s. 768.28 for any amount exceeding the limits

18  specified in this paragraph. Any offset of collateral source

19  payments made as of the date of the settlement or judgment

20  shall be in accordance with s. 768.76. The lead

21  community-based provider shall not be liable in tort for the

22  acts or omissions of its subcontractors or the officers,

23  agents, or employees of its subcontractors.

24         (i)  The liability of an eligible lead community-based

25  provider described in this section shall be exclusive and in

26  place of all other liability of such provider. The same

27  immunities from liability enjoyed by such providers shall

28  extend as well to each employee of the provider when such

29  employee is acting in furtherance of the provider's business,

30  including the transportation of clients served, as described

31  in this subsection, in privately owned vehicles. Such


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  immunities shall not be applicable to a provider or an

 2  employee who acts in a culpably negligent manner or with

 3  willful and wanton disregard or unprovoked physical aggression

 4  when such acts result in injury or death or such acts

 5  proximately cause such injury or death; nor shall such

 6  immunities be applicable to employees of the same provider

 7  when each is operating in the furtherance of the provider's

 8  business, but they are assigned primarily to unrelated works

 9  within private or public employment. The same immunity

10  provisions enjoyed by a provider shall also apply to any sole

11  proprietor, partner, corporate officer or director,

12  supervisor, or other person who in the course and scope of his

13  or her duties acts in a managerial or policymaking capacity

14  and the conduct that caused the alleged injury arose within

15  the course and scope of those managerial or policymaking

16  duties. Culpable negligence is defined as reckless

17  indifference or grossly careless disregard of human life.

18         (j)  Any subcontractor of an eligible lead

19  community-based provider, as defined in paragraph (e), which

20  is a direct provider of foster care and related services to

21  children and families, and its employees or officers, except

22  as otherwise provided in paragraph (i), must, as a part of its

23  contract, obtain a minimum of $1 million per claim/$3 million

24  per incident in general liability insurance coverage. The

25  subcontractor of an eligible lead community-based provider

26  must also require that staff who transport client children and

27  families in their personal automobiles in order to carry out

28  their job responsibilities obtain minimum bodily injury

29  liability insurance in the amount of $100,000 per claim,

30  $300,000 per incident, on their personal automobiles. In any

31  tort action brought against such subcontractor or employee,


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  net economic damages shall be limited to $1 million per

 2  liability claim and $100,000 per automobile claim, including,

 3  but not limited to, past and future medical expenses, wage

 4  loss, and loss of earning capacity, offset by any collateral

 5  source payment paid or payable. In any tort action brought

 6  against such subcontractor, noneconomic damages shall be

 7  limited to $200,000 per claim. A claims bill may be brought on

 8  behalf of a claimant pursuant to s. 768.28 for any amount

 9  exceeding the limits specified in this paragraph. Any offset

10  of collateral source payments made as of the date of the

11  settlement or judgment shall be in accordance with s. 768.76.

12         (k)  The liability of a subcontractor of an eligible

13  lead community-based provider that is a direct provider of

14  foster care and related services as described in this section

15  shall be exclusive and in place of all other liability of such

16  provider. The same immunities from liability enjoyed by such

17  subcontractor provider shall extend as well to each employee

18  of the subcontractor when such employee is acting in

19  furtherance of the subcontractor's business, including the

20  transportation of clients served, as described in this

21  subsection, in privately owned vehicles. Such immunities shall

22  not be applicable to a subcontractor or an employee who acts

23  in a culpably negligent manner or with willful and wanton

24  disregard or unprovoked physical aggression when such acts

25  result in injury or death or such acts proximately cause such

26  injury or death; nor shall such immunities be applicable to

27  employees of the same subcontractor when each is operating in

28  the furtherance of the subcontractor's business, but they are

29  assigned primarily to unrelated works within private or public

30  employment. The same immunity provisions enjoyed by a

31  subcontractor shall also apply to any sole proprietor,


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  partner, corporate officer or director, supervisor, or other

 2  person who in the course and scope of his or her duties acts

 3  in a managerial or policymaking capacity and the conduct that

 4  caused the alleged injury arose within the course and scope of

 5  those managerial or policymaking duties. Culpable negligence

 6  is defined as reckless indifference or grossly careless

 7  disregard of human life.

 8         (l)  The Legislature is cognizant of the increasing

 9  costs of goods and services each year and recognizes that

10  fixing a set amount of compensation actually has the effect of

11  a reduction in compensation each year. Accordingly, the

12  conditional limitations on damages in this section shall be

13  increased at the rate of 5 percent each year, prorated from

14  the effective date of this paragraph to the date at which

15  damages subject to such limitations are awarded by final

16  judgment or settlement.

17         (2)(a)  The department may contract for the delivery,

18  administration, or management of protective services, the

19  services specified in subsection (1) relating to foster care,

20  and other related services or programs, as appropriate. The

21  department shall retain responsibility for the quality of

22  contracted services and programs and shall ensure that

23  services are delivered in accordance with applicable federal

24  and state statutes and regulations. The department must adopt

25  written policies and procedures for monitoring the contract

26  for delivery of services by lead community-based providers.

27  These policies and procedures must, at a minimum, address the

28  evaluation of fiscal accountability and program operations,

29  including provider achievement of performance standards,

30  provider monitoring of subcontractors, and timely followup of

31  corrective actions for significant monitoring findings related


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  to providers and subcontractors. These policies and procedures

 2  must also include provisions for reducing the duplication of

 3  the department's program monitoring activities both internally

 4  and with other agencies, to the extent possible. The

 5  department's written procedures must ensure that the written

 6  findings, conclusions, and recommendations from monitoring the

 7  contract for services of lead community-based providers are

 8  communicated to the director of the provider agency as

 9  expeditiously as possible.

10         (b)  Persons employed by the department in the

11  provision of foster care and related services whose positions

12  are being outsourced under privatized pursuant to this statute

13  shall be given hiring preference by the provider, if provider

14  qualifications are met.

15         (3)(a)  In order to help ensure a seamless child

16  protection system, the department shall ensure that contracts

17  entered into with community-based agencies pursuant to this

18  section include provisions for a case-transfer process to

19  determine the date that the community-based agency will

20  initiate the appropriate services for a child and family. This

21  case-transfer process must clearly identify the closure of the

22  protective investigation and the initiation of service

23  provision. At the point of case transfer, and at the

24  conclusion of an investigation, the department must provide a

25  complete summary of the findings of the investigation to the

26  community-based agency.

27         (b)  The contracts must also ensure that each

28  community-based agency shall furnish information on its

29  activities in all cases in client case records.

30         (c)  The contract between the department and

31  community-based agencies must include provisions that specify


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  the procedures to be used by the parties to resolve

 2  differences in interpreting the contract or to resolve

 3  disputes as to the adequacy of the parties' compliance with

 4  their respective obligations under the contract.

 5         (d)  Each contract with an eligible lead

 6  community-based provider shall provide for the payment by the

 7  department to the provider of a reasonable administrative cost

 8  in addition to funding for the provision of services.

 9         (e)  Each contract with an eligible lead

10  community-based provider must include all performance outcome

11  measures established by the Legislature and that are under the

12  control of the lead agency. The standards must be adjusted

13  annually by contract amendment to enable the department to

14  meet the legislatively established statewide standards.

15         (4)(a)  The department, in consultation with the

16  community-based agencies that are undertaking the outsourced

17  privatized projects, shall establish a quality assurance

18  program for privatized services. The quality assurance program

19  shall be based on standards established by the Adoption and

20  Safe Families Act as well as by a national accrediting

21  organization such as the Council on Accreditation of Services

22  for Families and Children, Inc. (COA) or CARF--the

23  Rehabilitation Accreditation Commission. Each program operated

24  under contract with a community-based agency must be evaluated

25  annually by the department. The department shall, to the

26  extent possible, use independent financial audits provided by

27  the community-based care agency to eliminate or reduce the

28  ongoing contract and administrative reviews conducted by the

29  department. The department may suggest additional items to be

30  included in such independent financial audits to meet the

31  department's needs. Should the department determine that such


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  independent financial audits are inadequate, then other

 2  audits, as necessary, may be conducted by the department.

 3  Nothing herein shall abrogate the requirements of s. 215.97.

 4  The department shall submit an annual report regarding quality

 5  performance, outcome measure attainment, and cost efficiency

 6  to the President of the Senate, the Speaker of the House of

 7  Representatives, the minority leader of each house of the

 8  Legislature, and the Governor no later than January 31 of each

 9  year for each project in operation during the preceding fiscal

10  year.

11         (b)  The department shall use these findings in making

12  recommendations to the Governor and the Legislature for future

13  program and funding priorities in the child welfare system.

14         (5)(a)  The community-based agency must comply with

15  statutory requirements and agency rules in the provision of

16  contractual services. Each foster home, therapeutic foster

17  home, emergency shelter, or other placement facility operated

18  by the community-based agency or agencies must be licensed by

19  the Department of Children and Family Services under chapter

20  402 or this chapter. Each community-based agency must be

21  licensed as a child-caring or child-placing agency by the

22  department under this chapter. The department, in order to

23  eliminate or reduce the number of duplicate inspections by

24  various program offices, shall coordinate inspections required

25  pursuant to licensure of agencies under this section.

26         (b)  Substitute care providers who are licensed under

27  s. 409.175 and have contracted with a lead agency authorized

28  under this section shall also be authorized to provide

29  registered or licensed family day care under s. 402.313, if

30  consistent with federal law and if the home has met the

31  requirements of s. 402.313.


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    CS for CS for CS for SB 1476                  Second Engrossed



 1         (c)  A dually licensed home under this section shall be

 2  eligible to receive both an out-of-home care payment and a

 3  subsidized child care payment for the same child pursuant to

 4  federal law. The department may adopt administrative rules

 5  necessary to administer this paragraph.

 6         (6)  Beginning January 1, 1999, and continuing at least

 7  through June 30, 2000, the Department of Children and Family

 8  Services shall outsource privatize all foster care and related

 9  services in district 5 while continuing to contract with the

10  current model programs in districts 1, 4, and 13, and in

11  subdistrict 8A, and shall expand the subdistrict 8A pilot

12  program to incorporate Manatee County. Planning for the

13  district 5 outsourcing privatization shall be done by

14  providers that are currently under contract with the

15  department for foster care and related services and shall be

16  done in consultation with the department.  A lead provider of

17  the district 5 program shall be competitively selected, must

18  demonstrate the ability to provide necessary comprehensive

19  services through a local network of providers, and must meet

20  criteria established in this section. Contracts with

21  organizations responsible for the model programs must include

22  the management and administration of all outsourced privatized

23  services specified in subsection (1). However, the department

24  may use funds for contract management only after obtaining

25  written approval from the Executive Office of the Governor.

26  The request for such approval must include, but is not limited

27  to, a statement of the proposed amount of such funds and a

28  description of the manner in which such funds will be used. If

29  the community-based organization selected for a model program

30  under this subsection is not a Medicaid provider, the

31  organization shall be issued a Medicaid provider number


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  pursuant to s. 409.907 for the provision of services currently

 2  authorized under the state Medicaid plan to those children

 3  encompassed in this model and in a manner not to exceed the

 4  current level of state expenditure.

 5         (7)  The Florida Coalition for Children, Inc., in

 6  consultation with the department, shall develop a plan based

 7  on an independent actuarial study regarding the long-term use

 8  and structure of a statewide community-based care risk pool

 9  for the protection of eligible lead community-based providers,

10  their subcontractors, and providers of other social services

11  who contract directly with the department. The plan must also

12  outline strategies to maximize federal earnings as they relate

13  to the community-based care risk pool. At a minimum, the plan

14  must allow for the use of federal earnings received from child

15  welfare programs to be allocated to the community-based care

16  risk pool by the department, which earnings are determined by

17  the department to be in excess of the amount appropriated in

18  the General Appropriations Act. The plan must specify the

19  necessary steps to ensure the financial integrity and

20  industry-standard risk management practices of the

21  community-based care risk pool and the continued availability

22  of funding from federal, state, and local sources. The plan

23  must also include recommendations that permit the program to

24  be available to entities of the department providing child

25  welfare services until full conversion to community-based care

26  takes place. The final plan shall be submitted to the

27  department and then to the Executive Office of the Governor

28  and the Legislative Budget Commission for formal adoption

29  before January 1, 2005. Upon approval of the plan by all

30  parties, the department shall issue an interest-free loan that

31  is secured by the cumulative contractual revenue of the


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 1  community-based care risk pool membership, and the amount of

 2  the loan shall equal the amount appropriated by the

 3  Legislature for this purpose. The plan shall provide for a

 4  governance structure that assures the department the ability

 5  to oversee the operation of the community-based care risk pool

 6  at least until this loan is repaid in full.

 7         (a)  The purposes for which the community-based care

 8  risk pool shall be used include, but are not limited to:

 9         1.  Significant changes in the number or composition of

10  clients eligible to receive services.

11         2.  Significant changes in the services that are

12  eligible for reimbursement.

13         3.  Scheduled or unanticipated, but necessary, advances

14  to providers or other cash-flow issues.

15         4.  Proposals to participate in optional Medicaid

16  services or other federal grant opportunities.

17         5.  Appropriate incentive structures.

18         6.  Continuity of care in the event of failure,

19  discontinuance of service, or financial misconduct by a lead

20  agency.

21         7.  Payment for time-limited technical assistance and

22  consultation to lead agencies in the event of serious

23  performance or management problems.

24         8.  Payment for meeting all traditional and

25  nontraditional insurance needs of eligible members.

26         9.  Significant changes in the mix of available funds.

27         (b)  After approval of the plan in the 2004-2005 fiscal

28  year and annually thereafter, the department may also request

29  in its annual legislative budget request, and the Governor may

30  recommend, that the funding necessary to carry out paragraph

31  (a) be appropriated to the department. Subsequent funding of


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  the community-based care risk pool shall be supported by

 2  premiums assessed to members of the community-based care risk

 3  pool on a recurring basis. The community-based care risk pool

 4  may invest and retain interest earned on these funds. In

 5  addition, the department may transfer funds to the

 6  community-based care risk pool as available in order to ensure

 7  an adequate funding level if the fund is declared to be

 8  insolvent and approval is granted by the Legislative Budget

 9  Commission. Such payments for insolvency shall be made only

10  after a determination is made by the department or its actuary

11  that all participants in the community-based care risk pool

12  are current in their payments of premiums and that assessments

13  have been made at an actuarially sound level. Such payments by

14  participants in the community-based care risk pool may not

15  exceed reasonable industry standards, as determined by the

16  actuary. Money from this fund may be used to match available

17  federal dollars. Dividends or other payments, with the

18  exception of legitimate claims, may not be paid to members of

19  the community-based care risk pool until the loan issued by

20  the department is repaid in full. Dividends or other payments,

21  with the exception of legitimate claims and other purposes

22  contained in the approved plan, may not be paid to members of

23  the community-based care risk pool unless, at the time of

24  distribution, the community-based care risk pool is deemed

25  actuarially sound and solvent. Solvency shall be determined by

26  an independent actuary contracted by the department. The plan

27  shall be developed in consultation with the Office of

28  Insurance Regulation.

29         1.  Such funds shall constitute partial security for

30  contract performance by lead agencies and shall be used to

31  offset the need for a performance bond. Subject to the


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  approval of the plan, the community-based care risk pool shall

 2  be managed by the Florida Coalition for Children, Inc., or the

 3  designated contractors of the Florida Coalition for Children,

 4  Inc. Nonmembers of the community-based care risk pool may

 5  continue to contract with the department but must provide a

 6  letter of credit equal to one-twelfth of the annual contract

 7  amount in lieu of membership in the community-based care risk

 8  pool.

 9         2.  The department may separately require a bond to

10  mitigate the financial consequences of potential acts of

11  malfeasance, misfeasance, or criminal violations by the

12  provider.

13         (8)  Notwithstanding the provisions of s. 215.425, all

14  documented federal funds earned for the current fiscal year by

15  the department and community-based agencies which exceed the

16  amount appropriated by the Legislature shall be distributed to

17  all entities that contributed to the excess earnings based on

18  a schedule and methodology developed by the department and

19  approved by the Executive Office of the Governor. Distribution

20  shall be pro rata based on total earnings and shall be made

21  only to those entities that contributed to excess earnings.

22  Excess earnings of community-based agencies shall be used only

23  in the service district in which they were earned. Additional

24  state funds appropriated by the Legislature for

25  community-based agencies or made available pursuant to the

26  budgetary amendment process described in s. 216.177 shall be

27  transferred to the community-based agencies. The department

28  shall amend a community-based agency's contract to permit

29  expenditure of the funds.

30         (9)  Each district and subdistrict that participates in

31  the model program effort or any future outsourcing


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  privatization effort as described in this section must

 2  thoroughly analyze and report the complete direct and indirect

 3  costs of delivering these services through the department and

 4  the full cost of outsourcing privatization, including the cost

 5  of monitoring and evaluating the contracted services.

 6         (10)  The lead community-based providers and their

 7  subcontractors shall be exempt from state travel policies as

 8  set forth in s. 112.061(3)(a) for their travel expenses

 9  incurred in order to comply with the requirements of this

10  section.

11         Section 4.  The Office of Program Policy Analysis and

12  Government Accountability shall conduct two reviews of the

13  contract-management and accountability structures of the

14  Department of Children and Family Services, including, but not

15  limited to, whether the department is adequately monitoring

16  and managing its outsourced or privatized functions and

17  services. The office shall report its findings and

18  recommendations to the President of the Senate, the Speaker of

19  the House of Representatives, and the Auditor General by

20  February 1 of 2006 and 2007, respectively.

21         Section 5.  Notwithstanding section 287.057(14)(a),

22  Florida Statutes, the Department of Children and Family

23  Services may enter into agreements, not to exceed 23 years,

24  with a private contractor to finance, design, and construct a

25  secure facility, as described in section 394.917, Florida

26  Statutes, of at least 600 beds and to operate all aspects of

27  daily operations within the secure facility. The contractor

28  may sponsor the issuance of tax-exempt certificates of

29  participation or other securities to finance the project, and

30  the state may enter into a lease-purchase agreement for the

31  secure facility. The department shall begin the implementation


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    CS for CS for CS for SB 1476                  Second Engrossed



 1  of this privatization initiative by July 1, 2005. This section

 2  is repealed July 1, 2006.

 3         Section 6.  Section 402.72, Florida Statutes, is

 4  repealed.

 5         Section 7.  This act shall take effect July 1, 2005.

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

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23  

24  

25  

26  

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31  


                                  37

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