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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10                                                                

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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                                                   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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 5

 6  ================ T I T L E   A M E N D M E N T ===============

 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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