CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 2125
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Frankel offered the following:
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13 Amendment (with title amendment)
14 On page 27, line 11 through page 29, line 27,
15 remove from the bill: all of said lines
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17 and insert in lieu thereof:
18 (1)(a) It is the intent of the Legislature that the
19 Department of Children and Family Services shall privatize the
20 provision of foster care and related services statewide. It is
21 further the Legislature's intent to encourage communities and
22 other stakeholders in the well-being of children to
23 participate in assuring that children are safe and
24 well-nurtured. However, while recognizing that some local
25 governments are presently funding portions of certain foster
26 care and related services programs and may choose to expand
27 such funding in the future, the Legislature does not intend by
28 its privatization of foster care and related services that any
29 county, municipality, or special district be required to
30 assist in funding programs that previously have been funded by
31 the state. Nothing in this paragraph prohibits any county,
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hbd0005 08:16 pm 02125-0085-265157
HOUSE AMENDMENT
Bill No. HB 2125
Amendment No. (for drafter's use only)
1 municipality, or special district from future voluntary
2 funding participation in foster care and related services. As
3 used in this section, the term "privatize" means to contract
4 with competent, community-based agencies. The department
5 shall submit a plan to accomplish privatization statewide,
6 through a competitive process, phased in over a 3-year period
7 beginning January 1, 2000. This plan is to be submitted by
8 July 1, 1999, to the President of the Senate, the Speaker of
9 the House of Representatives, the Governor, and the minority
10 leaders of both houses. This plan must be developed with local
11 community participation, including, but not limited to, input
12 from community-based providers that are currently under
13 contract with the department to furnish community-based foster
14 care and related services, and must include a methodology for
15 determining and transferring all available funds, including
16 federal funds that the provider is eligible for and agrees to
17 earn and that portion of general revenue funds which is
18 currently associated with the services that are being
19 furnished under contract. Notwithstanding the provisions of s.
20 215.425, all documented federal funds earned for the current
21 fiscal year by the department and community-based agencies
22 which exceed the amount appropriated by the Legislature shall
23 be distributed to all entities that contributed to the excess
24 earnings based on a schedule and methodology developed by the
25 department and approved by the Executive Office of the
26 Governor. Distribution shall be pro rata based on total
27 earnings and shall be made only to those entities that
28 contributed to excess earnings. Excess earnings of
29 community-based agencies shall be used only in the district in
30 which they were earned. Additional state funds appropriated by
31 the Legislature for community-based agencies or made available
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HOUSE AMENDMENT
Bill No. HB 2125
Amendment No. (for drafter's use only)
1 pursuant to the budgetary amendment process described in s.
2 216.177 shall be transferred to the community-based agencies.
3 The department shall amend a community-based agency's contract
4 to permit expenditure of the funds. The distribution program
5 applies only to entities that were under privatization
6 contracts as of July 1, 1999. This program is authorized for a
7 period of 3 years beginning July 1, 1999, and ending June 30,
8 2002. The Office of Program Policy Analysis and Government
9 Accountability shall review this program and report to the
10 Legislature by December 31, 2001. The review shall assess the
11 program to determine how the additional resources were used,
12 the number of additional clients served, the improvements in
13 quality of service attained, the performance outcomes
14 associated with the additional resources, and the feasibility
15 of continuing or expanding this program. The methodology must
16 provide for the transfer of funds appropriated and budgeted
17 for all services and programs that have been incorporated into
18 the project, including all management, capital (including
19 current furniture and equipment), and administrative funds to
20 accomplish the transfer of these programs. This methodology
21 must address expected workload and at least the 3 previous
22 years' experience in expenses and workload. With respect to
23 any district or portion of a district in which privatization
24 cannot be accomplished within the 3-year timeframe, the
25 department must clearly state in its plan the reasons the
26 timeframe cannot be met and the efforts that should be made to
27 remediate the obstacles, which may include alternatives to
28 total privatization, such as public-private partnerships. As
29 used in this section, the term "related services" means family
30 preservation, independent living, emergency shelter,
31 residential group care, foster care, therapeutic foster care,
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HOUSE AMENDMENT
Bill No. HB 2125
Amendment No. (for drafter's use only)
1 intensive residential treatment, foster care supervision, case
2 management, postplacement supervision, permanent foster care,
3 and family reunification. Unless otherwise provided for,
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7 And the title is amended as follows:
8 On page 2, line 27,
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10 after the semicolon insert:
11 deleting legislative intent for and direction
12 to the Department of Children and Family
13 Services to privatize the provision of foster
14 care and related services;
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File original & 9 copies 04/25/00
hbd0005 08:16 pm 02125-0085-265157