Florida Senate - 2018                                    SB 1870
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       37-00307-18                                           20181870__
    1                        A bill to be entitled                      
    2         An act relating to privatized governmental functions;
    3         amending ss. 394.9082, 409.987, and 430.2053, F.S.;
    4         providing that certain individuals involved in the
    5         management of behavioral health managing entities,
    6         community-based care lead agencies, and aging resource
    7         centers, respectively, are subject to part III of ch.
    8         112, F.S.; providing penalties; prohibiting such
    9         individuals from voting on any measure that may inure
   10         to their private gain or loss or to private gain or
   11         loss of other specified entities or persons; requiring
   12         such individuals to make certain disclosures;
   13         prohibiting such individuals from accepting gifts or
   14         expenditures from a person or entity that is under
   15         consideration for a contract or from certain
   16         individuals who have contractual relationships with
   17         the managing entity, lead agency, or aging resource
   18         center; providing penalties; prohibiting certain
   19         senior managers previously employed by a managing
   20         entity, lead agency, or aging resource center from
   21         representing another person or entity before the
   22         entity, agency, or center for 2 years after retirement
   23         or termination of employment; providing an effective
   24         date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Paragraph (a) of subsection (5) of section
   29  394.9082, Florida Statutes, is amended to read:
   30         394.9082 Behavioral health managing entities.—
   31         (5) MANAGING ENTITY DUTIES.—A managing entity shall:
   32         (a) Maintain a governing board or, if a managed behavioral
   33  health organization, an advisory board as provided in paragraph
   34  (4)(c) or paragraph (4)(d), respectively.
   35         1.The officers, partners, or members of the board of
   36  directors of the entity, or the chief executive officer or
   37  members if organized as a limited liability company, are subject
   38  to part III of chapter 112, including, but not limited to, the
   39  code of ethics and the public disclosure and reporting of
   40  financial interests under s. 112.3145. For purposes of applying
   41  part III of chapter 112 to activities of the officers, partners,
   42  or members of the board of directors of the entity, or the chief
   43  executive officer or members if organized as a limited liability
   44  company, those persons shall be considered public officers or
   45  employees, and the managing entity shall be considered their
   46  agency as defined in s. 112.312. An officer, partner, or member
   47  of the board of directors of the entity, or a chief executive
   48  officer or member if organized as a limited liability company,
   49  who fails to comply with this subparagraph is subject to
   50  penalties provided under ss. 112.317 and 112.3173.
   51         2. Notwithstanding s. 112.3143(2), a board member may not
   52  vote on any measure that would inure to his or her special
   53  private gain or loss; that he or she knows would inure to the
   54  special private gain or loss of any principal by whom he or she
   55  is retained or to the parent organization or subsidiary of a
   56  corporate principal by which he or she is retained, other than
   57  an agency as defined in s. 112.312; or that he or she knows
   58  would inure to the special private gain or loss of a relative or
   59  business associate of the board member. Before a vote is taken,
   60  such member shall publicly state to the assembly the nature of
   61  his or her interest in the matter from which he or she is
   62  abstaining from voting and, within 15 days after the vote,
   63  disclose the nature of his or her interest as a public record in
   64  a memorandum filed with the person responsible for recording the
   65  minutes of the meeting, who shall incorporate the memorandum in
   66  the minutes. The officers, partners, members of the board of
   67  directors, or, if organized as a limited liability company,
   68  members of the company, and chief executive officer of a
   69  managing entity are also required to file such disclosures with
   70  the Commission on Ethics. The executive director of the managing
   71  entity or his or her designee shall notify each existing and
   72  newly appointed officer, partner, member of the board of
   73  directors, or, if organized as a limited liability company,
   74  member of the company, of a managing entity of his or her duty
   75  to comply with the reporting requirements of part III of chapter
   76  112.
   77         3. Notwithstanding s. 112.3148, s. 112.3149, or any other
   78  provision of law, the officers, partners, members of the board
   79  of directors, or, if organized as a limited liability company,
   80  members of the company, and chief executive officer of a
   81  managing entity may not knowingly accept, directly or
   82  indirectly, any gift or expenditure from a person or entity, or
   83  an employee or representative of such person or entity, which
   84  has a contractual relationship with the managing entity or which
   85  is under consideration for a contract. An officer, partner, or
   86  member of the board of directors of the managing entity, or a
   87  chief executive officer or member if organized as a limited
   88  liability company, who fails to comply with this subparagraph is
   89  subject to penalties provided under ss. 112.317 and 112.3173.
   90         4. A senior manager of a managing entity who was employed
   91  on or after January 1, 2007, who subsequently retires or
   92  terminates that employment may not represent another person or
   93  another entity before the managing entity for 2 years after
   94  retirement or termination of employment.
   95         Section 2. Subsection (4) of section 409.987, Florida
   96  Statutes, is amended to read:
   97         409.987 Lead agency procurement.—
   98         (4)(a) In order to serve as a lead agency, an entity must:
   99         1.(a) Be organized as a Florida corporation or a
  100  governmental entity.
  101         2.(b) Be governed by a board of directors or a board
  102  committee composed of board members. The membership of the board
  103  of directors or board committee must be described in the bylaws
  104  or articles of incorporation of each lead agency, which must
  105  provide that at least 75 percent of the membership of the board
  106  of directors or board committee must consist of persons residing
  107  in this state, and at least 51 percent of the state residents on
  108  the board of directors must reside within the service area of
  109  the lead agency. However, for procurements of lead agency
  110  contracts initiated on or after July 1, 2014:
  111         a.1. At least 75 percent of the membership of the board of
  112  directors must consist of persons residing in this state, and at
  113  least 51 percent of the membership of the board of directors
  114  must consist of persons residing within the service area of the
  115  lead agency. If a board committee governs the lead agency, 100
  116  percent of its membership must consist of persons residing
  117  within the service area of the lead agency.
  118         b.2. The powers of the board of directors or board
  119  committee include, but are not limited to, approving the lead
  120  agency’s budget and setting the lead agency’s operational policy
  121  and procedures. A board of directors must additionally have the
  122  power to hire the lead agency’s executive director, unless a
  123  board committee governs the lead agency, in which case the board
  124  committee must have the power to confirm the selection of the
  125  lead agency’s executive director.
  126         3.(c) Demonstrate financial responsibility through an
  127  organized plan for regular fiscal audits and the posting of a
  128  performance bond.
  129         (b) The officers, partners, or members of the board of
  130  directors of the lead agency, or the chief executive officer or
  131  members if organized as a limited liability company, are subject
  132  to part III of chapter 112, including, but not limited to, the
  133  code of ethics and the public disclosure and reporting of
  134  financial interests under s. 112.3145. For purposes of applying
  135  part III of chapter 112 to activities of the officers, partners,
  136  or members of the board of directors of the entity, or the chief
  137  executive officer or members if organized as a limited liability
  138  company, those persons shall be considered public officers or
  139  employees, and the lead agency shall be considered their agency
  140  as defined in s. 112.312. An officer, partner, or member of the
  141  board of directors of the lead agency, or a chief executive
  142  officer or member if organized as a limited liability company,
  143  who fails to comply with this paragraph is subject to penalties
  144  provided under ss. 112.317 and 112.3173.
  145         (c) Notwithstanding s. 112.3143(2), a board member may not
  146  vote on any measure that would inure to his or her special
  147  private gain or loss; that he or she knows would inure to the
  148  special private gain or loss of any principal by whom he or she
  149  is retained or to the parent organization or subsidiary of a
  150  corporate principal by which he or she is retained, other than
  151  an agency as defined in s. 112.312; or that he or she knows
  152  would inure to the special private gain or loss of a relative or
  153  business associate of the board member. Before a vote is taken,
  154  such member shall publicly state to the assembly the nature of
  155  his or her interest in the matter from which he or she is
  156  abstaining from voting and, within 15 days after the vote,
  157  disclose the nature of his or her interest as a public record in
  158  a memorandum filed with the person responsible for recording the
  159  minutes of the meeting, who shall incorporate the memorandum in
  160  the minutes. The officers, partners, members of the board of
  161  directors, or, if organized as a limited liability company,
  162  members of the company, and chief executive officer of a lead
  163  agency are also required to file such disclosures with the
  164  Commission on Ethics. The executive director of the lead agency
  165  or his or her designee shall notify each existing and newly
  166  appointed officer, partner, member of the board of directors,
  167  or, if organized as a limited liability company, member of the
  168  company, of a lead agency of his or her duty to comply with the
  169  reporting requirements of part III of chapter 112.
  170         (d) Notwithstanding s. 112.3148, s. 112.3149, or any other
  171  provision of law, the officers, partners, members of the board
  172  of directors, or, if organized as a limited liability company,
  173  members of the company, and chief executive officer of a lead
  174  agency may not knowingly accept, directly or indirectly, any
  175  gift or expenditure from a person or entity, or an employee or
  176  representative of such person or entity, which has a contractual
  177  relationship with the lead agency or which is under
  178  consideration for a contract. An officer, partner, or member of
  179  the board of directors of the lead agency, or a chief executive
  180  officer or member if organized as a limited liability company,
  181  who fails to comply with this paragraph is subject to penalties
  182  provided under ss. 112.317 and 112.3173.
  183         (e) A senior manager of a community-based care lead agency
  184  who was employed on or after January 1, 2007, who subsequently
  185  retires or terminates that employment may not represent another
  186  person or another entity before the community-based care lead
  187  agency for 2 years after retirement or termination of
  188  employment.
  189         Section 3. Subsection (5) of section 430.2053, Florida
  190  Statutes, is amended to read:
  191         430.2053 Aging resource centers.—
  192         (5) The aging resource center shall have a governing body
  193  which shall be the same entity described in s. 20.41(7), and an
  194  executive director who may be the same person as described in s.
  195  20.41(7). The governing body shall annually evaluate the
  196  performance of the executive director.
  197         (a)The officers, partners, or members of the board of
  198  directors of an aging resource center, or the chief executive
  199  officer or members if organized as a limited liability company,
  200  are subject to part III of chapter 112, including, but not
  201  limited to, the code of ethics and the public disclosure and
  202  reporting of financial interests under s. 112.3145. For purposes
  203  of applying part III of chapter 112 to activities of the
  204  officers, partners, or members of the board of directors of the
  205  entity, or the chief executive officer or members if organized
  206  as a limited liability company, those persons shall be
  207  considered public officers or employees, and the aging resource
  208  center shall be considered their agency as defined in s.
  209  112.312. An officer, partner, or member of the board of
  210  directors of the aging resource center, or a chief executive
  211  officer or member if organized as a limited liability company,
  212  who fails to comply with this paragraph is subject to penalties
  213  provided under ss. 112.317 and 112.3173.
  214         (b) Notwithstanding s. 112.3143(2), a board member may not
  215  vote on any measure that would inure to his or her special
  216  private gain or loss; that he or she knows would inure to the
  217  special private gain or loss of any principal by whom he or she
  218  is retained or to the parent organization or subsidiary of a
  219  corporate principal by which he or she is retained, other than
  220  an agency as defined in s. 112.312; or that he or she knows
  221  would inure to the special private gain or loss of a relative or
  222  business associate of the public officer. Before a vote is
  223  taken, such member shall publicly state to the assembly the
  224  nature of his or her interest in the matter from which he or she
  225  is abstaining from voting and, within 15 days after the vote,
  226  disclose the nature of his or her interest as a public record in
  227  a memorandum filed with the person responsible for recording the
  228  minutes of the meeting, who shall incorporate the memorandum in
  229  the minutes. The officers, partners, members of the board of
  230  directors, or, if organized as a limited liability company,
  231  members of the company, and chief executive officer of an aging
  232  resource center are also required to file such disclosures with
  233  the Commission on Ethics. The executive director of the aging
  234  resource center or his or her designee shall notify each
  235  existing and newly appointed officer, partner, member of the
  236  board of directors, or, if organized as a limited liability
  237  company, member of the company, of an aging resource center of
  238  their duty to comply with the reporting requirements of part III
  239  of chapter 112.
  240         (c)Notwithstanding s. 112.3148, s. 112.3149, or any other
  241  provision of law, the officers, partners, members of the board
  242  of directors, or, if organized as a limited liability company,
  243  members of the company, and chief executive officer of an aging
  244  resource center may not knowingly accept, directly or
  245  indirectly, any gift or expenditure from a person or entity, or
  246  an employee or representative of such person or entity, which
  247  has a contractual relationship with the aging resource center or
  248  which is under consideration for a contract. An officer,
  249  partner, or member of the board of directors of the aging
  250  resource center, or a chief executive officer or member if
  251  organized as a limited liability company, who fails to comply
  252  with this paragraph is subject to penalties provided under ss.
  253  112.317 and 112.3173.
  254         (d)A senior manager of an aging resource center who was
  255  employed on or after January 1, 2007, who subsequently retires
  256  or terminates that employment may not represent another person
  257  or another entity before the aging resource center for 2 years
  258  after retirement or termination of employment.
  259         Section 4. This act shall take effect July 1, 2018.