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The Florida Senate

2019 Florida Statutes

Title XXX SOCIAL WELFARE
Chapter 409 SOCIAL AND ECONOMIC ASSISTANCE Entire Chapter
SECTION 987
Lead agency procurement.
F.S. 409.987
409.987 Lead agency procurement.—
(1) Community-based care lead agencies shall be procured by the department through a competitive process as required under chapter 287.
(2) The department shall produce a schedule for the procurement of community-based care lead agencies and provide the schedule to the community alliances established pursuant to s. 20.19(5) and post the schedule on the department’s website.
(3) Notwithstanding s. 287.057, the department shall use 5-year contracts with lead agencies.
(4) In order to serve as a lead agency, an entity must:
(a) Be organized as a Florida corporation or a governmental entity.
(b) Be governed by a board of directors or a board committee composed of board members. The membership of the board of directors or board committee must be described in the bylaws or articles of incorporation of each lead agency, which must provide that at least 75 percent of the membership of the board of directors or board committee must consist of persons residing in this state, and at least 51 percent of the state residents on the board of directors must reside within the service area of the lead agency. However, for procurements of lead agency contracts initiated on or after July 1, 2014:
1. At least 75 percent of the membership of the board of directors must consist of persons residing in this state, and at least 51 percent of the membership of the board of directors must consist of persons residing within the service area of the lead agency. If a board committee governs the lead agency, 100 percent of its membership must consist of persons residing within the service area of the lead agency.
2. The powers of the board of directors or board committee include, but are not limited to, approving the lead agency’s budget and setting the lead agency’s operational policy and procedures. A board of directors must additionally have the power to hire the lead agency’s executive director, unless a board committee governs the lead agency, in which case the board committee must have the power to confirm the selection of the lead agency’s executive director.
(c) Demonstrate financial responsibility through an organized plan for regular fiscal audits and the posting of a performance bond.
(5) The department’s procurement team procuring any lead agencies’ contracts must include individuals from the community alliance in the area to be served under the contract. All meetings at which vendors make presentations to or negotiate with the procurement team shall be held in the area to be served by the contract.
History.—s. 32, ch. 2014-224; s. 52, ch. 2015-2.