Senate Bill sb1476c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                    CS for CS for SB 1476

    By the Committees on Governmental Oversight and Productivity;
    Children and Families; and Senators Campbell and Margolis




    585-1803-05

  1                      A bill to be entitled

  2         An act relating to the Department of Children

  3         and Family Services; providing legislative

  4         intent with respect to establishing a structure

  5         by which the department shall monitor and

  6         manage contracts with external service

  7         providers; providing definitions; requiring the

  8         department to competitively procure certain

  9         commodities and contractual services; requiring

10         the department to allow all public

11         postsecondary institutions to bid on contracts

12         intended for any public postsecondary

13         institution; authorizing the department to

14         competitively procure and contract for systems

15         of treatment or service that involve multiple

16         providers; providing requirements if other

17         governmental entities contribute matching

18         funds; requiring that an entity providing

19         matching funds must comply with certain

20         procurement procedures; authorizing the

21         department to independently procure and

22         contract for treatment services; requiring that

23         the department develop a validated business

24         case before outsourcing any service or

25         function; providing requirements for the

26         business case; requiring that the validated

27         business case be submitted to the Legislature

28         for approval; requiring that a contractual

29         service that has previously been outsourced be

30         subject to the requirements for a validated

31         business case; requiring that a procurement of

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1         contractual services equal to or in excess of

 2         the threshold amount for CATEGORY FIVE comply

 3         with specified requirements, including a scope

 4         of work and performance standards; authorizing

 5         the department to adopt incremental penalties

 6         by rule; authorizing the department to include

 7         cost-neutral, performance-based incentives in a

 8         contract; requiring that a contract in excess

 9         of $1 million be negotiated by a contract

10         negotiator who is certified according to

11         standards established by the Department of

12         Management Services; limiting circumstances

13         under which the department may amend a

14         contract; requiring that a proposed contract

15         amendment be submitted to the Executive Office

16         of the Governor for approval; requiring

17         approval of a contract amendment by the

18         Administration Commission under certain

19         circumstances; requiring the department to

20         verify that contractual terms have been

21         satisfied before renewing a contract; requiring

22         certain documentation; requiring the department

23         to develop, in consultation with the Department

24         of Management Services, contract templates and

25         guidelines; requiring that the department

26         establish a contract-management process;

27         specifying the requirements for and components

28         of the contract-management process; providing

29         requirements for resolving performance

30         deficiencies and terminating a contract;

31         requiring a corrective-action plan under

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1         certain circumstances; requiring the department

 2         to develop standards of conduct and

 3         disciplinary actions; requiring that the

 4         department establish contract-monitoring units

 5         and a contract-monitoring process; requiring

 6         written reports; requiring on-site visits for

 7         contracts involving the provision of direct

 8         client services; requiring the department to

 9         make certain documents available to the

10         Legislature; requiring the department to create

11         an electronic database to store the documents;

12         amending s. 402.73, F.S.; requiring the Agency

13         for Persons with Disabilities to implement

14         systems to ensure quality and fiscal integrity

15         of programs in the developmental services

16         Medicaid waiver system; providing an exemption

17         for health services from competitive bidding

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

19         conforming provisions to changes made by the

20         act; requiring that the Office of Program

21         Policy Analysis and Government Accountability

22         conduct two reviews of the contract-management

23         and accountability structures of the department

24         and report to the Legislature and the Auditor

25         General; repealing s. 402.72, F.S., relating to

26         contract-management requirements for the

27         Department of Children and Family Services;

28         providing an effective date.

29  

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

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1         Section 1.  Department of Children and Family Services;

 2  procurement of contractual services; outsourcing or

 3  privatization; contract management.--

 4         (1)  LEGISLATIVE INTENT.--The Legislature intends that

 5  the Department of Children and Family Services obtain services

 6  in the manner that is most efficient and cost-effective for

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

 8  the clients receiving services, and that minimizes the

 9  disruption of client services. In order to meet these

10  legislative goals, the department shall comply with

11  legislative policy guidelines that require compliance with

12  uniform procedures for procuring contractual services,

13  prescribe how the department must outsource its programmatic

14  and administrative services to external service providers

15  rather than having them provided by the department or another

16  state agency, and establish a contract-management and

17  contract-monitoring process.

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

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

20  who is responsible for enforcing the compliance with

21  administrative and programmatic terms and conditions of a

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

23  through which all contracting information flows between the

24  department and the contractor. The contract manager is

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

26  approval of contract deliverables and invoices. All actions

27  related to the contract shall be initiated by or coordinated

28  with the contract manager. The contract manager maintains the

29  official contract files.

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

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

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1  the contract manager and other designated entities the

 2  information necessary to assist the contract manager and

 3  program management in determining whether the contractor is in

 4  compliance with the administrative and programmatic terms and

 5  conditions of the contract.

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

 7  Family Services.

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

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

10  whole or in part, while the department retains the

11  responsibility and accountability for the service.

12         (e)  "Performance measure" means the quantitative

13  indicators used to assess if the service the external provider

14  is performing is achieving the desired results. Measures of

15  performance include outputs, direct counts of program

16  activities, and outcomes or results of program activities in

17  the lives of the clients served.

18         (f)  "Performance standard" means the quantifiable,

19  specified, and desired level to be achieved for a particular

20  performance measure.

21         (g)  "Privatize" means any process aimed at

22  transferring the responsibility for a service, in whole or in

23  part, from the department to the private sector such that the

24  private sector is solely and fully responsible for the

25  performance of the specific service.

26         (h)  "Service" means all or any portion of a program or

27  program component as defined in section 216.011.

28         (3)  PROCUREMENT OF COMMODITIES AND CONTRACTUAL

29  SERVICES.--

30         (a)  For the purchase of commodities and contractual

31  services in excess of the threshold amount established in

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1  section 287.017, Florida Statutes, for CATEGORY TWO, the

 2  department shall comply with the requirements set forth in

 3  section 287.057, Florida Statutes.

 4         (b)  Notwithstanding section 287.057(5)(f)13., Florida

 5  Statutes, whenever the department intends to contract with a

 6  public postsecondary institution to provide a service, the

 7  department must allow all public postsecondary institutions in

 8  this state that are accredited by the Southern Association of

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

10  notwithstanding any other provision to the contrary, if a

11  public postsecondary institution intends to subcontract for

12  any service awarded in the contract, the subcontracted service

13  must be procured by competitive procedures.

14         (c)  When it is in the best interest of a defined

15  segment of its consumer population, the department may

16  competitively procure and contract for systems of treatment or

17  service that involve multiple providers, rather than procuring

18  and contracting for treatment or services separately from each

19  participating provider. The department must ensure that all

20  providers that participate in the treatment or service system

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

22  and cost-control requirements. If other governmental entities

23  or units of special purpose government contribute matching

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

25  service, the department shall formally request information

26  from those funding entities in the procurement process and may

27  take the information received into account in the selection

28  process. If a local government contributes matching funds to

29  support the system of treatment or contracted service and if

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

31  contract, the department shall afford the governmental match

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




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

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

 3  evaluate or negotiate certain contracts, unless the department

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

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

 6  named by the governmental match contributor shall qualify as

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

 8  Statutes. A governmental entity or unit of special purpose

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

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

11  any of its political subdivisions, executive agencies, or

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

13  awarded. The governmental funding entity or contributor of

14  matching funds must comply with all procurement procedures set

15  forth in section 287.057, Florida Statutes, when appropriate

16  and required.

17         (d)  The department may procure and contract for or

18  provide assessment and case-management services independently

19  from treatment services.

20         (4)  SOURCING STANDARDS AND REQUIREMENTS.--If the

21  department proposes to outsource a service, the department

22  must comply with the requirements of this section prior to the

23  procurement process provided for in section 287.057, Florida

24  Statutes.

25         (a)  The department shall develop a business case

26  describing and analyzing the service proposed for outsourcing.

27  A business case is part of the solicitation process and is not

28  a rule subject to challenge pursuant to section 120.54,

29  Florida Statutes. The business case must include, but need not

30  be limited to:

31  

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1         1.  A detailed description of the services to be

 2  outsourced, a description and analysis of the department's

 3  current performance of the service, and a rationale

 4  documenting how outsourcing the service would be in the best

 5  interest of the state, the department, and its clients.

 6         2.  A cost-benefit analysis documenting the estimated

 7  specific direct and indirect costs, savings, performance

 8  improvements, risks, and qualitative and quantitative benefits

 9  involved in or resulting from outsourcing the service. The

10  cost-benefit analysis must include a detailed plan and

11  timeline identifying all actions that must be implemented to

12  realize expected benefits. Under section 92.525, Florida

13  Statutes, the Secretary of Children and Family Services shall

14  verify that all costs, savings, and benefits are valid and

15  achievable.

16         3.  A description of the specific performance measures

17  and standards that must be achieved through the outsourcing

18  proposal.

19         4.  A statement of the potential effect on applicable

20  federal, state, and local revenues and expenditures. The

21  statement must specifically describe the effect on general

22  revenue, trust funds, general revenue service charges, and

23  interest on trust funds, together with the potential direct or

24  indirect effect on federal funding and cost allocations.

25         5.  A plan to ensure compliance with public-record

26  laws, which must include components that:

27         a.  Provide public access to public records at a cost

28  that does not exceed that provided in chapter 119, Florida

29  Statutes.

30         b.  Ensure the confidentiality of records that are

31  exempt from disclosure or confidential under law.

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1         c.  Meet all legal requirements for record retention.

 2         d.  Allow for transfer to the state, at no cost, all

 3  public records in possession of the external service provider

 4  upon termination of the contract.

 5         6.  A department transition and implementation plan for

 6  addressing changes in the number of agency personnel, affected

 7  business processes, and employee-transition issues. Such a

 8  plan must also specify the mechanism for continuing the

 9  operation of the service if the contractor fails to perform

10  and comply with the performance measures and standards and

11  provisions of the contract. Within this plan, the department

12  shall identify all resources, including full-time equivalent

13  positions, which are subject to outsourcing. All full-time

14  equivalent positions identified in the plan shall be placed in

15  reserve by the Executive Office of the Governor until the end

16  of the second year of the contract. Notwithstanding the

17  provisions of section 216.262, Florida Statutes, the Executive

18  Office of the Governor shall request authority from the

19  Legislative Budget Commission to reestablish full-time

20  positions above the number fixed by the Legislature when a

21  contract is terminated and the outsourced service must be

22  returned to the department.

23         7.  A listing of assets proposed for transfer to or use

24  by the external service provider, a description of the

25  proposed requirements for maintenance of those assets by the

26  external service provider or the department in accordance with

27  chapter 273, Florida Statutes, a plan for their disposition

28  upon termination of the contract, and a description of how the

29  planned asset transfer or use by the contractor is in the best

30  interest of the department and the state.

31  

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1         (b)1.  If the department proposes to outsource the

 2  service in the next fiscal year, the department shall submit

 3  the business case with the department's final legislative

 4  budget request, in the manner and form prescribed in the

 5  legislative budget request instructions under section 216.023,

 6  Florida Statutes. Upon approval in the General Appropriations

 7  Act, the department may initiate and complete the procurement

 8  process under section 287.057, Florida Statutes, and shall

 9  have the authority to enter into contracts with the external

10  service provider.

11         2.  If a proposed outsourcing initiative would require

12  integration with, or would in any way affect other state

13  information technology systems, the department shall submit

14  the feasibility study documentation required by the

15  legislative budget request instructions under section 216.023,

16  Florida Statutes.

17         (c)  If the department proposes to outsource a service

18  during a fiscal year and the outsourcing provision was not

19  included in the approved operating budget of the department,

20  the department must provide to the Governor, the President of

21  the Senate, the Speaker of the House of Representatives, the

22  chairs of the legislative appropriations committees, and the

23  chairs of the relevant substantive committees the business

24  case that complies with the requirements of paragraph (a) at

25  least 45 days before the release of any solicitation

26  documents, as provided for in section 287.057, Florida

27  Statutes. Any budgetary changes that are inconsistent with the

28  department's approved budget may not be made to existing

29  programs unless the changes are recommended to the Legislative

30  Budget Commission by the Governor and the Legislative Budget

31  Commission expressly approves the program changes.

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1         (d)  The department may not privatize a service without

 2  specific authority provided in general law, the General

 3  Appropriations Act, legislation implementing the General

 4  Appropriations Act, or a special appropriations act.

 5         (5)  CONTRACTING AND PERFORMANCE MEASURES.--In addition

 6  to the requirements of section 287.058, Florida Statutes,

 7  every procurement of contractual services by the department

 8  which meets or is in excess of the threshold amount provided

 9  in section 287.017, Florida Statutes, for CATEGORY FIVE, must

10  comply with the requirements of this subsection.

11         (a)  The department shall execute a contract containing

12  all provisions and conditions, which must include, but need

13  not be limited to:

14         1.  A detailed scope of work that clearly specifies

15  each service and deliverable to be provided, including a

16  description of each deliverable or activity that is

17  quantifiable, measurable, and verifiable by the department and

18  the contractor.

19         2.  Associated costs and savings, specific payment

20  terms and payment schedules, including incentive and penalty

21  provisions, criteria governing payment, and a clear and

22  specific schedule to complete all required activities needed

23  to transfer the service from the state to the contractor.

24         3.  Clear and specific identification of all required

25  performance measures and standards, which must, at a minimum,

26  include:

27         a.  Acceptance criteria for each deliverable and

28  service to be provided to the department under the terms of

29  the contract which document, to the greatest extent possible,

30  the required performance level. Acceptance criteria must be

31  

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1  detailed, clear, and unambiguous and shall be used to measure

 2  deliverables and services to be provided under the contract.

 3         b.  A method for monitoring and reporting progress in

 4  achieving specified performance standards and levels.

 5         c.  The sanctions or penalties that shall be assessed

 6  for contract or state nonperformance. The department may

 7  adopt, by rule, provisions for including in its contracts

 8  incremental penalties to be imposed by its contract managers

 9  on a contractor due to the contractor's failure to comply with

10  a requirement for corrective action. Any financial penalty

11  that is imposed upon a contractor may not be paid from funds

12  being used to provide services to clients, and the contractor

13  may not reduce the amount of services being delivered to

14  clients as a method for offsetting the effect of the penalty.

15  If a financial penalty is imposed upon a contractor that is a

16  corporation, the department shall notify, at a minimum, the

17  board of directors of the corporation. The department may

18  notify any additional parties that the department believes may

19  be helpful in obtaining the corrective action that is being

20  sought. In addition, the rules adopted by the department must

21  include provisions that permit the department to deduct the

22  financial penalties from funds that would otherwise be due to

23  the contractor, not to exceed 10 percent of the amount that

24  otherwise would be due to the contractor for the period of

25  noncompliance. If the department imposes a financial penalty,

26  it shall advise the contractor in writing of the cause for the

27  penalty. A failure to include such deductions in a request for

28  payment constitutes grounds for the department to reject that

29  request for payment. The remedies identified in this paragraph

30  do not limit or restrict the department's application of any

31  other remedy available to it in the contract or under law. The

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1  remedies described in this paragraph may be cumulative and may

 2  be assessed upon each separate failure to comply with

 3  instructions from the department to complete corrective

 4  action.

 5         4.  A requirement that the contractor maintain adequate

 6  accounting records that comply with all applicable federal and

 7  state laws and generally accepted accounting principles.

 8         5.  A requirement authorizing the department and state

 9  to have access to and conduct audits of all records related to

10  the contract and outsourced services.

11         6.  A requirement that ownership of any intellectual

12  property developed in the course of, or as a result of, work

13  or services performed under the contract shall transfer to the

14  state if the contractor ceases to provide the outsourced

15  service.

16         7.  A requirement describing the timing and substance

17  of all plans and status or progress reports that are to be

18  provided. All plans and status or progress reports must comply

19  with any relevant state and federal standards for planning,

20  implementation, operations, and oversight.

21         8.  A requirement that the contractor shall comply with

22  public-record laws. The contractor shall:

23         a.  Keep and maintain the public records that

24  ordinarily and necessarily would be required by the department

25  to perform the service.

26         b.  Provide public access to such public records on the

27  same terms and conditions that the department would and at a

28  cost that does not exceed that provided in chapter 119.

29         c.  Ensure the confidentiality of records that are

30  exempt from disclosure or confidential under law.

31  

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1         d.  Meet all legal and auditing requirements for record

 2  retention, and transfer to the state, at no cost to the state,

 3  all public records in possession of the contractor upon

 4  termination of the contract. All records stored electronically

 5  must be provided to the state in the format compatible with

 6  state information technology systems.

 7         9.  A requirement that any state funds provided for the

 8  purchase of or improvements to real property are contingent

 9  upon the contractor granting to the state a security interest

10  in the property which is at least equal to the amount of the

11  state funds provided for at least 5 years following the date

12  of purchase or the completion of the improvements or as

13  further required by law. The contract must include a provision

14  that, as a condition of receipt of state funding for this

15  purpose, the contractor agrees that, if it disposes of the

16  property before the department's interest is vacated, the

17  contractor must refund the proportionate share of the state's

18  initial investment, as adjusted by depreciation.

19         10.  A provision that the contractor annually submit

20  and verify, under section 92.525, Florida Statutes, all

21  required financial statements.

22         11.  A provision that the contractor will be held

23  responsible and accountable for all work covered under the

24  contract including any work performed by subcontractors. The

25  contract must state that the department may monitor the

26  performance of any subcontractor.

27         (b)  A contract may include cost-neutral,

28  performance-based incentives that may vary according to the

29  extent a contractor achieves or surpasses the performance

30  standards set forth in the contract. The incentives may be

31  weighted proportionally to reflect the extent to which the

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1  contractor has demonstrated that it has consistently met or

 2  exceeded the contractual requirements and the performance

 3  standards.

 4         (c)  The department shall review the time period for

 5  which it executes contracts and, to the greatest extent

 6  practicable, shall execute multiyear contracts to make the

 7  most efficient use of the resources devoted to contract

 8  processing and execution.

 9         (d)  When the annualized value of a contract is in

10  excess of $1 million, at least one of the persons conducting

11  negotiations must be certified as a contract negotiator based

12  upon standards established by the Department of Management

13  Services.

14         (e)  The department may not amend a contract without

15  first submitting the proposed contract amendment to the

16  Executive Office of the Governor for approval if the effect of

17  the amendment would be to increase:

18         1.  The value of the contract by $250,000 for those

19  contracts with a total value of at least $250,000 but less

20  than $1 million;

21         2.  The value of the contract by $1 million for those

22  contracts with a total value of at least $1 million but less

23  than $10 million;

24         3.  The value of the contract by 10 percent for those

25  contracts with a total value of $10 million or more; or

26         4.  The term of the contract by 1 year or more.

27  

28  When the department proposes any contract amendment that meets

29  the criteria described in this paragraph, it shall submit the

30  proposed contract amendment to the Executive Office of the

31  Governor for approval and shall immediately notify the chairs

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1  of the legislative appropriations committees. The Executive

 2  Office of the Governor may not approve the proposed contract

 3  amendment until 14 days following receipt of the notification

 4  to the legislative appropriations chairs. If either chair of

 5  the legislative appropriations committees objects in writing

 6  to a proposed contract amendment within 14 days following

 7  notification and specifies the reasons for the objection, the

 8  Executive Office of the Governor shall disapprove the proposed

 9  contract amendment or shall submit the proposed contract

10  amendment to the Administration Commission. The proposed

11  contract amendment may be approved by the Administration

12  Commission by a two-thirds vote of the members present with

13  the Governor voting in the affirmative. In the absence of

14  approval by the commission, the proposed contract amendment

15  shall be automatically disapproved. Otherwise, upon approval

16  by the Governor or Administration Commission, the department

17  may execute the contract amendment.

18         (e)  An amendment that is issued under legislative

19  direction, including funding adjustments annually provided for

20  in the General Appropriations Act or the federal

21  appropriations acts, need not be submitted for approval in

22  accordance with paragraph (d).

23         (f)  In addition to the requirements of subsections

24  287.057(13) and (14), Florida Statutes, the department shall

25  verify that all specific direct and indirect costs, savings,

26  performance measures and standards, and qualitative and

27  quantitative benefits identified in the original contract have

28  been satisfied by a contractor or the department before the

29  contract is extended or renewed. The documentation must

30  include an explanation of any differences between the required

31  performance as identified in the contract and the actual

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1  performance of the contractor. The documentation must be

 2  included in the official contract file.

 3         (g)  The department shall, in consultation with the

 4  Department of Management Services, develop contract templates

 5  and guidelines that define the mandatory contract provisions

 6  and other requirements identified in this subsection and that

 7  must be used for all contractual service contracts meeting the

 8  requirements of this subsection. All contract templates and

 9  guidelines shall be developed by September 30, 2005.

10         (6)  CONTRACT-MANAGEMENT REQUIREMENTS AND

11  PROCESS.--Notwithstanding section 287.057(15), Florida

12  Statutes, the department is responsible for establishing a

13  contract-management process that requires a member of the

14  department's Senior Management Service to assign in writing

15  the responsibility of a contract to a contract manager. The

16  department shall maintain a set of procedures describing its

17  contract-management process which must minimally include the

18  following requirements:

19         (a)  The contract manager shall maintain the official

20  contract file throughout the duration of the contract and for

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

22  contract.

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

24  compliance with the criteria and payment schedule provided for

25  in the contract and shall approve payment of all invoices

26  before their transmission to the Department of Financial

27  Services for payment. Only the contract manager shall approve

28  the invoices for a specific contract, unless the contract

29  manager is temporarily unavailable to review an invoice. The

30  contract file must contain an explanation for any periods of

31  temporary unavailability of the assigned contract manager. For

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1  any individual invoice in excess of $500,000, a member of the

 2  Selected Exempt Service or Senior Management Service shall

 3  also sign payment approval of the invoice. For any individual

 4  invoice in excess of $1 million, a member of the Senior

 5  Management Service shall also sign payment approval of the

 6  invoice.

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

 8  payments and total amounts disbursed and shall periodically

 9  reconcile the records with the state's official accounting

10  records.

11         (d)  For contracts involving the provision of direct

12  client services, the contract manager shall periodically visit

13  the physical location where the services are delivered and

14  speak directly to clients receiving the services and the staff

15  responsible for delivering the services.

16         (e)  For contracts for which the contractor is a

17  corporation, the contract manager shall attend at least one

18  board meeting semiannually, if held and if within 100 miles of

19  the contract manager's official headquarters.

20         (f)  The contract manager shall meet at least once a

21  month directly with the contractor's representative and

22  maintain records of such meetings.

23         (g)  The contract manager shall periodically document

24  any differences between the required performance measures and

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

26  and comply with the performance measures established in the

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

28  contractor to correct performance deficiencies. If performance

29  deficiencies are not resolved to the satisfaction of the

30  department within the prescribed time, and if no extenuating

31  circumstances can be documented by the contractor to the

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1  department's satisfaction, the department must terminate the

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

 3  with that same contractor for the services for which the

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

 5  months after the date of termination. The contract manager

 6  shall obtain and enforce corrective-action plans, if

 7  appropriate, and maintain records regarding the completion or

 8  failure to complete corrective-action items.

 9         (h)  The contract manager shall document any contract

10  modifications, which shall include recording any contract

11  amendments as provided for in this section.

12         (i)  The contract manager shall be properly trained

13  before being assigned responsibility for any contract.

14  

15  The department shall develop standards of conduct and a range

16  of disciplinary actions for its employees which are

17  specifically related to carrying out contract-management

18  responsibilities.

19         (7)  CONTRACT-MONITORING REQUIREMENTS AND PROCESS.--The

20  department shall establish contract-monitoring units staffed

21  by full-time career service employees who report to a member

22  of the Select Exempt Service or Senior Management Service and

23  who have been properly trained to perform contract monitoring.

24  A member of the Senior Management Service shall assign in

25  writing a specific contract to a contract-monitoring unit,

26  with at least one member of the contract-monitoring unit

27  possessing specific knowledge and experience in the contract's

28  program area. The department shall establish a

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

30  limited to, the following requirements:

31  

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




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

 2  fiscal year and preparing an annual contract-monitoring

 3  schedule that includes consideration for the level of risk

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

 5  regardless of whether such monitoring was originally included

 6  in the annual contract-monitoring schedule.

 7         (b)  Preparing a contract-monitoring plan, including

 8  sampling procedures, before performing on-site monitoring at

 9  external locations of a service provider. The plan must

10  include a description of the programmatic, fiscal, and

11  administrative components that will be monitored on-site. If

12  appropriate, clinical and therapeutic components may be

13  included.

14         (c)  Conducting analyses of the performance and

15  compliance of an external service provider by means of desk

16  reviews if the external service provider will not be monitored

17  on-site during a fiscal year.

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

19  need for an extension, providing a written report presenting

20  the results of the monitoring within 30 days after the

21  completion of the on-site monitoring or desk review. Report

22  extensions may not exceed 30 days after the original

23  completion date. The department shall develop and use a

24  standard contract-monitoring report format and shall provide

25  access to the reports by means of a website that is available

26  to the Legislature.

27         (e)  For contracts involving the provision of direct

28  client services, requiring the contract monitor to visit the

29  physical location where the services are being delivered and

30  to speak directly to the clients receiving the services and

31  with the staff responsible for delivering the services.

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1         (f)  Developing and maintaining a set of procedures

 2  describing the contract-monitoring process.

 3  

 4  The department shall develop standards of conduct and a range

 5  of disciplinary actions for its employees which are

 6  specifically related to carrying out contract-monitoring

 7  responsibilities.

 8         (8)  REPORTS TO THE LEGISLATURE.--Beginning October 1,

 9  2005, the department shall make available to the Legislature

10  electronically all documents associated with the procurement

11  and contracting functions of the department. The documents in

12  the database must include, but are not limited to, all:

13         (a)  Business cases;

14         (b)  Procurement documents;

15         (c)  Contracts and any related files, attachments, or

16  amendments;

17         (d)  Contract monitoring reports;

18         (e)  Corrective action plans and reports of corrective

19  actions taken when contractor performance deficiencies are

20  identified; and

21         (f)  Status reports on all outsourcing initiatives

22  describing the progress by the department towards achieving

23  the business objectives, costs, savings, and quantifiable

24  benefits identified in the business case.

25         Section 2.  Section 402.73, Florida Statutes, is

26  amended to read:

27         402.73  Contracting and performance standards.--

28         (1)  The Department of Children and Family Services

29  shall establish performance standards for all contracted

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

31  

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1  department must competitively procure any contract for client

 2  services when any of the following occurs:

 3         (a)  The provider fails to meet appropriate performance

 4  standards established by the department after the provider has

 5  been given a reasonable opportunity to achieve the established

 6  standards.

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

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

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

10         (c)  The department has concluded, after reviewing

11  market prices and available treatment options, that there is

12  evidence that the department can improve the performance

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

14  department shall review market prices and available treatment

15  options biennially. The department shall compile the results

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

17  performance report to the Legislature pursuant to chapter

18  94-249, Laws of Florida. The department shall provide notice

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

20  prices and available treatment options.

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

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

23  this subsection, unless the secretary makes a written

24  determination that particular facts and circumstances require

25  deferral of the competitive process. Facts and circumstances

26  must be specifically described for each individual contract

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

28  following:

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

30  welfare of the department's clients.

31  

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




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

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

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

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

 5  community which could endanger the well-being of the

 6  department's clients.

 7  

 8  Competitive procurement of client services contracts that meet

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

10  than 1 year.

11         (3)  The Legislature intends that the department obtain

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

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

14  clients receiving services, and that minimizes the disruption

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

16  the department may adopt rules providing procedures for the

17  competitive procurement of contracted client services which

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

19  invitation-to-bid process. The alternative competitive

20  procedures shall permit the department to solicit professional

21  qualifications from prospective providers and to evaluate such

22  statements of qualification before requesting service

23  proposals. The department may limit the firms invited to

24  submit service proposals to only those firms that have

25  demonstrated the highest level of professional capability to

26  provide the services under consideration, but may not invite

27  fewer than three firms to submit service proposals, unless

28  fewer than three firms submitted satisfactory statements of

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

30  allow the department to evaluate competing proposals and

31  select the proposal that provides the greatest benefit to the

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1  state while considering the quality of the services,

 2  dependability, and integrity of the provider, the

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

 4  the provider in serving target populations or client groups

 5  substantially identical to members of the target population

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

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

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

 9  governments. These alternative procedures need not conform to

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

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

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

13  shall execute multiyear contracts to make the most efficient

14  use of the resources devoted to contract processing and

15  execution.

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

17  segment of its consumer population, the department may

18  competitively procure and contract for systems of treatment or

19  service that involve multiple providers, rather than procuring

20  and contracting for treatment or services separately from each

21  participating provider. The department must ensure that all

22  providers that participate in the treatment or service system

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

24  and cost-control requirements. If other governmental entities

25  or units of special purpose government contribute matching

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

27  service, the department shall formally request information

28  from those funding entities in the procurement process and may

29  take the information received into account in the selection

30  process. If a local government contributes match to support

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

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




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

 2  the department shall afford the governmental match contributor

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

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

 5  contracts, unless the department sets forth in writing the

 6  reason why such inclusion would be contrary to the best

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

 8  governmental match contributor shall qualify as one of the

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

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

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

12  political subdivisions, executive agencies, or special

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

14  The governmental funding entity or match contributor shall

15  comply with any deadlines and procurement procedures

16  established by the department. The department may also involve

17  nongovernmental funding entities in the procurement process

18  when appropriate.

19         (6)  The department may contract for or provide

20  assessment and case management services independently from

21  treatment services.

22         (7)  The department shall adopt, by rule, provisions

23  for including in its contracts incremental penalties to be

24  imposed by its contract managers on a service provider due to

25  the provider's failure to comply with a requirement for

26  corrective action. Any financial penalty that is imposed upon

27  a provider may not be paid from funds being used to provide

28  services to clients, and the provider may not reduce the

29  amount of services being delivered to clients as a method for

30  offsetting the impact of the penalty. If a financial penalty

31  is imposed upon a provider that is a corporation, the

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1  department shall notify, at a minimum, the board of directors

 2  of the corporation. The department may notify, at its

 3  discretion, any additional parties that the department

 4  believes may be helpful in obtaining the corrective action

 5  that is being sought. Further, the rules adopted by the

 6  department must include provisions that permit the department

 7  to deduct the financial penalties from funds that would

 8  otherwise be due to the provider, not to exceed 10 percent of

 9  the amount that otherwise would be due to the provider for the

10  period of noncompliance. If the department imposes a financial

11  penalty, it shall advise the provider in writing of the cause

12  for the penalty. A failure to include such deductions in a

13  request for payment constitutes a ground for the department to

14  reject that request for payment. The remedies identified in

15  this subsection do not limit or restrict the department's

16  application of any other remedy available to it in the

17  contract or under law. The remedies described in this

18  subsection may be cumulative and may be assessed upon each

19  separate failure to comply with instructions from the

20  department to complete corrective action.

21         (8)  The department shall develop standards of conduct

22  and a range of disciplinary actions for its employees which

23  are specifically related to carrying out contracting

24  responsibilities.

25         (1)(9)  The Agency for Persons with Disabilities

26  department must implement systems and controls to ensure

27  financial integrity and service provision quality in the

28  developmental services Medicaid waiver service system.

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

30  standards established in the contract, the department may

31  allow a reasonable period for the provider to correct

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1  performance deficiencies. If performance deficiencies are not

 2  resolved to the satisfaction of the department within the

 3  prescribed time, and if no extenuating circumstances can be

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

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

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

 7  provider for the services for which the contract was

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

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

10  provider fails to meet the performance standards established

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

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

13  performance deficiencies. If the performance deficiencies are

14  not resolved to the satisfaction of the department within 6

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

16  substance abuse provider, unless there is no other qualified

17  provider in the service district.

18         (11)  The department shall include in its standard

19  contract document a requirement that any state funds provided

20  for the purchase of or improvements to real property are

21  contingent upon the contractor or political subdivision

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

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

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

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

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

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

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

29  vacated, the provider will refund the proportionate share of

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

31  

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1         (12)  The department shall develop and refine

 2  contracting and accountability methods that are

 3  administratively efficient and that provide for optimal

 4  provider performance.

 5         (13)  The department may competitively procure any

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

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

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

 9  ability to competitively procure any contract it executes, and

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

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

12  administrative or judicial protest of the department's

13  determination to conduct competition, make an award, or

14  execute any contract.

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

16  performance-based incentives that may vary according to the

17  extent a provider achieves or surpasses the performance

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

19  weighted proportionally to reflect the extent to which the

20  provider has demonstrated that it has consistently met or

21  exceeded the contractual requirements and the department's

22  performance standards.

23         (2)(15)  Nothing contained in chapter 287 shall require

24  competitive bids for health services involving examination,

25  diagnosis, or treatment.

26         Section 3.  Section 409.1671, Florida Statutes, is

27  amended to read:

28         409.1671  Foster care and related services; outsourcing

29  privatization.--

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

31  Department of Children and Family Services shall outsource

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1  privatize the provision of foster care and related services

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

 3  communities and other stakeholders in the well-being of

 4  children to participate in assuring that children are safe and

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

 6  governments are presently funding portions of certain foster

 7  care and related services programs and may choose to expand

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

 9  its outsourcing privatization of foster care and related

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

11  required to assist in funding programs that previously have

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

13  family services with at least 40 licensed residential group

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

15  annually in county general revenue funds to supplement foster

16  and family care services shall continue to contract directly

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

18  section. Nothing in this paragraph prohibits any county,

19  municipality, or special district from future voluntary

20  funding participation in foster care and related services. As

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

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

23  department shall submit a plan to accomplish outsourcing

24  privatization statewide, through a competitive process, phased

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

26  must be developed with local community participation,

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

28  providers that are currently under contract with the

29  department to furnish community-based foster care and related

30  services, and must include a methodology for determining and

31  transferring all available funds, including federal funds that

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




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

 2  portion of general revenue funds which is currently associated

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

 4  methodology must provide for the transfer of funds

 5  appropriated and budgeted for all services and programs that

 6  have been incorporated into the project, including all

 7  management, capital (including current furniture and

 8  equipment), and administrative funds to accomplish the

 9  transfer of these programs. This methodology must address

10  expected workload and at least the 3 previous years'

11  experience in expenses and workload. With respect to any

12  district or portion of a district in which outsourcing

13  privatization cannot be accomplished within the 3-year

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

15  reasons the timeframe cannot be met and the efforts that

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

17  alternatives to total outsourcing privatization, such as

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

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

20  preservation, independent living, emergency shelter,

21  residential group care, foster care, therapeutic foster care,

22  intensive residential treatment, foster care supervision, case

23  management, postplacement supervision, permanent foster care,

24  and family reunification. Unless otherwise provided for, the

25  state attorney shall provide child welfare legal services,

26  pursuant to chapter 39 and other relevant provisions, in

27  Pinellas and Pasco Counties. When a private nonprofit agency

28  has received case management responsibilities, transferred

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

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

31  care of the outsourcing privatization project, the agency may

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




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

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

 3  unavailable and his or her whereabouts cannot reasonably be

 4  ascertained. The private nonprofit agency may also seek

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

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

 7  whereabouts cannot reasonably be ascertained, and a court

 8  order for such emergency medical services cannot be obtained

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

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

11  consent to sterilization, abortion, or termination of life

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

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

14  circumstances.

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

16  department will continue to work towards full outsourcing

17  privatization in a manner that assures the viability of the

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

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

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

21  outsourcing privatizing services in those counties in which

22  signed startup contracts have been executed. The department

23  may also continue to enter into startup contracts with

24  additional counties. However, no services shall be transferred

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

26  consultation with the local community alliance, has determined

27  and certified in writing to the Governor and the Legislature

28  that the district is prepared to transition the provision of

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

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

31  

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1  making this determination, the department shall conduct a

 2  readiness assessment of the district and the lead agency.

 3         1.  The assessment shall evaluate the operational

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

 5         a.  A set of uniform criteria, developed in

 6  consultation with currently operating community-based care

 7  lead agencies and reflecting national accreditation standards,

 8  that evaluate programmatic, financial, technical assistance,

 9  training and organizational competencies; and

10         b.  Local criteria reflective of the local

11  community-based care design and the community alliance

12  priorities.

13         2.  The readiness assessment shall be conducted by a

14  joint team of district and lead agency staff with direct

15  experience with the start up and operation of a

16  community-based care service program and representatives from

17  the appropriate community alliance. Within resources available

18  for this purpose, the department may secure outside audit

19  expertise when necessary to assist a readiness assessment

20  team.

21         3.  Upon completion of a readiness assessment, the

22  assessment team shall conduct an exit conference with the

23  district and lead agency staff responsible for the transition.

24         4.  Within 30 days following the exit conference with

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

26  certify in writing to the Governor and the Legislature that

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

28  the transition of service provision based on the results of

29  the readiness assessment and the exit conference. The document

30  of certification must include specific evidence of readiness

31  on each element of the readiness instrument utilized by the

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




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

 2  readiness needing improvement and strategies being implemented

 3  to address each one.

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

 5  Policy Analysis and Government Accountability (OPPAGA), in

 6  consultation with The Child Welfare League of America and the

 7  Louis de la Parte Florida Mental Health Institute, shall

 8  jointly review and assess the department's process for

 9  determining district and lead agency readiness.

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

11  appropriateness of the readiness criteria and instruments

12  applied, the appropriateness of the qualifications of

13  participants on each readiness assessment team, the degree to

14  which the department accurately determined each district and

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

16  quality of the technical assistance provided by the department

17  to a lead agency in correcting any weaknesses identified in

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

19  agency overcame any identified weaknesses.

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

21  appropriate substantive and appropriations committees in the

22  Senate and the House of Representatives on March 1 and

23  September 1 of each year until full transition to

24  community-based care has been accomplished statewide, except

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

26  and must address all readiness activities undertaken through

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

28  review process must be included in each report.

29         (d)  In communities where economic or demographic

30  constraints make it impossible or not feasible to

31  competitively contract with a lead agency, the department

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1  shall develop an alternative plan in collaboration with the

 2  local community alliance, which may include establishing

 3  innovative geographical configurations or consortia of

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

 5  to implement community-based care through competitively

 6  procuring either the specific components of foster care and

 7  related services or comprehensive services for defined

 8  eligible populations of children and families from qualified

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

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

11  plan must ensure local control over the management and

12  administration of the service provision in accordance with the

13  intent of this section and may include recognized best

14  business practices, including some form of public or private

15  partnerships.

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

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

18  department shall contract for the provision of child

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

20  county. The secretary of the department may authorize more

21  than one eligible lead community-based provider within a

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

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

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

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

26  all child protective services in the designated community in

27  cooperation with child protective investigations.

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

29  to exit for all children referred from the protective

30  investigation and court systems.

31  

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




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

 2  through a local network of providers, all necessary child

 3  protective services. Such agencies should directly provide no

 4  more than 35 percent of all child protective services

 5  provided.

 6         4.  The willingness to accept accountability for

 7  meeting the outcomes and performance standards related to

 8  child protective services established by the Legislature and

 9  the Federal Government.

10         5.  The capability and the willingness to serve all

11  children referred to it from the protective investigation and

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

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

14  transferred.

15         6.  The willingness to ensure that each individual who

16  provides child protective services completes the training

17  required of child protective service workers by the Department

18  of Children and Family Services.

19         7.  The ability to maintain eligibility to receive all

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

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

22  Family Services.

23         8.  Written agreements with Healthy Families Florida

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

25  promote cooperative planning for the provision of prevention

26  and intervention services.

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

28  of the membership is comprised of persons residing in this

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

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

31  provider.

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




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

 2  traditionally provided foster care services to children who

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

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

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

 6  determined that foster care and related services need to be

 7  outsourced privatized pursuant to this section and that the

 8  provision of such services is of paramount importance to the

 9  state. The purpose for such outsourcing privatization is to

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

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

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

13  environment for such children is that private providers

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

15  available and remain available to nongovernmental foster care

16  and related services providers without the resources of such

17  providers being significantly reduced by the cost of

18  maintaining such insurance.

19         2.  The Legislature further finds that, by requiring

20  the following minimum levels of insurance, children in

21  outsourced privatized foster care and related services will

22  gain increased protection and rights of recovery in the event

23  of injury than provided for in s. 768.28.

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

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

26  ensure access to a model comprehensive residential services

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

28  undue financial, geographic, or other barriers, ensures

29  reasonable and appropriate participation by the family in the

30  child's program.

31  

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




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

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

 3  2003, begin the process of establishing access to a program in

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

 5  a transition contract or approved a community plan, as

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

 7  privatization by the statutory deadline.

 8         2.  The program must be procured through a competitive

 9  process.

10         3.  The Legislature does not intend for the provisions

11  of this paragraph to substitute for the requirement that full

12  conversion to community-based care be accomplished.

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

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

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

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

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

18  per incident in general liability insurance coverage. The

19  eligible lead community-based provider must also require that

20  staff who transport client children and families in their

21  personal automobiles in order to carry out their job

22  responsibilities obtain minimum bodily injury liability

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

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

25  brought against such an eligible lead community-based provider

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

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

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

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

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

31  action brought against such an eligible lead community-based

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




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

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

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

 4  specified in this paragraph. Any offset of collateral source

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

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

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

 8  acts or omissions of its subcontractors or the officers,

 9  agents, or employees of its subcontractors.

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

11  provider described in this section shall be exclusive and in

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

13  immunities from liability enjoyed by such providers shall

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

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

16  including the transportation of clients served, as described

17  in this subsection, in privately owned vehicles. Such

18  immunities shall not be applicable to a provider or an

19  employee who acts in a culpably negligent manner or with

20  willful and wanton disregard or unprovoked physical aggression

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

22  proximately cause such injury or death; nor shall such

23  immunities be applicable to employees of the same provider

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

25  business, but they are assigned primarily to unrelated works

26  within private or public employment. The same immunity

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

28  proprietor, partner, corporate officer or director,

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

30  or her duties acts in a managerial or policymaking capacity

31  and the conduct that caused the alleged injury arose within

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1  the course and scope of those managerial or policymaking

 2  duties. Culpable negligence is defined as reckless

 3  indifference or grossly careless disregard of human life.

 4         (j)  Any subcontractor of an eligible lead

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

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

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

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

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

10  per incident in general liability insurance coverage. The

11  subcontractor of an eligible lead community-based provider

12  must also require that staff who transport client children and

13  families in their personal automobiles in order to carry out

14  their job responsibilities obtain minimum bodily injury

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

16  $300,000 per incident, on their personal automobiles. In any

17  tort action brought against such subcontractor or employee,

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

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

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

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

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

23  against such subcontractor, noneconomic damages shall be

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

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

26  exceeding the limits specified in this paragraph. Any offset

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

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

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

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

31  foster care and related services as described in this section

                                  39

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




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

 2  provider. The same immunities from liability enjoyed by such

 3  subcontractor provider shall extend as well to each employee

 4  of the subcontractor when such employee is acting in

 5  furtherance of the subcontractor's business, including the

 6  transportation of clients served, as described in this

 7  subsection, in privately owned vehicles. Such immunities shall

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

 9  in a culpably negligent manner or with willful and wanton

10  disregard or unprovoked physical aggression when such acts

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

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

13  employees of the same subcontractor when each is operating in

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

15  assigned primarily to unrelated works within private or public

16  employment. The same immunity provisions enjoyed by a

17  subcontractor shall also apply to any sole proprietor,

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

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

20  in a managerial or policymaking capacity and the conduct that

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

22  those managerial or policymaking duties. Culpable negligence

23  is defined as reckless indifference or grossly careless

24  disregard of human life.

25         (l)  The Legislature is cognizant of the increasing

26  costs of goods and services each year and recognizes that

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

28  a reduction in compensation each year. Accordingly, the

29  conditional limitations on damages in this section shall be

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

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

                                  40

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1  damages subject to such limitations are awarded by final

 2  judgment or settlement.

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

 4  administration, or management of protective services, the

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

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

 7  department shall retain responsibility for the quality of

 8  contracted services and programs and shall ensure that

 9  services are delivered in accordance with applicable federal

10  and state statutes and regulations. The department must adopt

11  written policies and procedures for monitoring the contract

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

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

14  evaluation of fiscal accountability and program operations,

15  including provider achievement of performance standards,

16  provider monitoring of subcontractors, and timely followup of

17  corrective actions for significant monitoring findings related

18  to providers and subcontractors. These policies and procedures

19  must also include provisions for reducing the duplication of

20  the department's program monitoring activities both internally

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

22  department's written procedures must ensure that the written

23  findings, conclusions, and recommendations from monitoring the

24  contract for services of lead community-based providers are

25  communicated to the director of the provider agency as

26  expeditiously as possible.

27         (b)  Persons employed by the department in the

28  provision of foster care and related services whose positions

29  are being outsourced under privatized pursuant to this statute

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

31  qualifications are met.

                                  41

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




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

 2  protection system, the department shall ensure that contracts

 3  entered into with community-based agencies pursuant to this

 4  section include provisions for a case-transfer process to

 5  determine the date that the community-based agency will

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

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

 8  protective investigation and the initiation of service

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

10  conclusion of an investigation, the department must provide a

11  complete summary of the findings of the investigation to the

12  community-based agency.

13         (b)  The contracts must also ensure that each

14  community-based agency shall furnish information on its

15  activities in all cases in client case records.

16         (c)  The contract between the department and

17  community-based agencies must include provisions that specify

18  the procedures to be used by the parties to resolve

19  differences in interpreting the contract or to resolve

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

21  their respective obligations under the contract.

22         (d)  Each contract with an eligible lead

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

24  department to the provider of a reasonable administrative cost

25  in addition to funding for the provision of services.

26         (e)  Each contract with an eligible lead

27  community-based provider must include all performance outcome

28  measures established by the Legislature and that are under the

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

30  annually by contract amendment to enable the department to

31  meet the legislatively established statewide standards.

                                  42

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




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

 2  community-based agencies that are undertaking the outsourced

 3  privatized projects, shall establish a quality assurance

 4  program for privatized services. The quality assurance program

 5  shall be based on standards established by the Adoption and

 6  Safe Families Act as well as by a national accrediting

 7  organization such as the Council on Accreditation of Services

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

 9  Rehabilitation Accreditation Commission. Each program operated

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

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

12  extent possible, use independent financial audits provided by

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

14  ongoing contract and administrative reviews conducted by the

15  department. The department may suggest additional items to be

16  included in such independent financial audits to meet the

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

18  independent financial audits are inadequate, then other

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

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

21  The department shall submit an annual report regarding quality

22  performance, outcome measure attainment, and cost efficiency

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

24  Representatives, the minority leader of each house of the

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

26  year for each project in operation during the preceding fiscal

27  year.

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

29  recommendations to the Governor and the Legislature for future

30  program and funding priorities in the child welfare system.

31  

                                  43

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




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

 2  statutory requirements and agency rules in the provision of

 3  contractual services. Each foster home, therapeutic foster

 4  home, emergency shelter, or other placement facility operated

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

 6  the Department of Children and Family Services under chapter

 7  402 or this chapter. Each community-based agency must be

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

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

10  eliminate or reduce the number of duplicate inspections by

11  various program offices, shall coordinate inspections required

12  pursuant to licensure of agencies under this section.

13         (b)  Substitute care providers who are licensed under

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

15  under this section shall also be authorized to provide

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

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

18  requirements of s. 402.313.

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

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

21  subsidized child care payment for the same child pursuant to

22  federal law. The department may adopt administrative rules

23  necessary to administer this paragraph.

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

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

26  Services shall outsource privatize all foster care and related

27  services in district 5 while continuing to contract with the

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

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

30  program to incorporate Manatee County. Planning for the

31  district 5 outsourcing privatization shall be done by

                                  44

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1  providers that are currently under contract with the

 2  department for foster care and related services and shall be

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

 4  the district 5 program shall be competitively selected, must

 5  demonstrate the ability to provide necessary comprehensive

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

 7  criteria established in this section. Contracts with

 8  organizations responsible for the model programs must include

 9  the management and administration of all outsourced privatized

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

11  may use funds for contract management only after obtaining

12  written approval from the Executive Office of the Governor.

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

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

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

16  the community-based organization selected for a model program

17  under this subsection is not a Medicaid provider, the

18  organization shall be issued a Medicaid provider number

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

20  authorized under the state Medicaid plan to those children

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

22  current level of state expenditure.

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

24  consultation with the department, shall develop a plan based

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

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

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

28  their subcontractors, and providers of other social services

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

30  outline strategies to maximize federal earnings as they relate

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

                                  45

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




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

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

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

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

 5  the General Appropriations Act. The plan must specify the

 6  necessary steps to ensure the financial integrity and

 7  industry-standard risk management practices of the

 8  community-based care risk pool and the continued availability

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

10  must also include recommendations that permit the program to

11  be available to entities of the department providing child

12  welfare services until full conversion to community-based care

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

14  department and then to the Executive Office of the Governor

15  and the Legislative Budget Commission for formal adoption

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

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

18  is secured by the cumulative contractual revenue of the

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

20  the loan shall equal the amount appropriated by the

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

22  governance structure that assures the department the ability

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

24  at least until this loan is repaid in full.

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

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

27         1.  Significant changes in the number or composition of

28  clients eligible to receive services.

29         2.  Significant changes in the services that are

30  eligible for reimbursement.

31  

                                  46

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1         3.  Scheduled or unanticipated, but necessary, advances

 2  to providers or other cash-flow issues.

 3         4.  Proposals to participate in optional Medicaid

 4  services or other federal grant opportunities.

 5         5.  Appropriate incentive structures.

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

 7  discontinuance of service, or financial misconduct by a lead

 8  agency.

 9         7.  Payment for time-limited technical assistance and

10  consultation to lead agencies in the event of serious

11  performance or management problems.

12         8.  Payment for meeting all traditional and

13  nontraditional insurance needs of eligible members.

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

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

16  year and annually thereafter, the department may also request

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

18  recommend, that the funding necessary to carry out paragraph

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

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

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

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

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

24  addition, the department may transfer funds to the

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

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

27  insolvent and approval is granted by the Legislative Budget

28  Commission. Such payments for insolvency shall be made only

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

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

31  are current in their payments of premiums and that assessments

                                  47

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




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

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

 3  exceed reasonable industry standards, as determined by the

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

 5  federal dollars. Dividends or other payments, with the

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

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

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

 9  with the exception of legitimate claims and other purposes

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

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

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

13  actuarially sound and solvent. Solvency shall be determined by

14  an independent actuary contracted by the department. The plan

15  shall be developed in consultation with the Office of

16  Insurance Regulation.

17         1.  Such funds shall constitute partial security for

18  contract performance by lead agencies and shall be used to

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

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

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

22  designated contractors of the Florida Coalition for Children,

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

24  continue to contract with the department but must provide a

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

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

27  pool.

28         2.  The department may separately require a bond to

29  mitigate the financial consequences of potential acts of

30  malfeasance, misfeasance, or criminal violations by the

31  provider.

                                  48

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




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

 2  documented federal funds earned for the current fiscal year by

 3  the department and community-based agencies which exceed the

 4  amount appropriated by the Legislature shall be distributed to

 5  all entities that contributed to the excess earnings based on

 6  a schedule and methodology developed by the department and

 7  approved by the Executive Office of the Governor. Distribution

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

 9  only to those entities that contributed to excess earnings.

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

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

12  state funds appropriated by the Legislature for

13  community-based agencies or made available pursuant to the

14  budgetary amendment process described in s. 216.177 shall be

15  transferred to the community-based agencies. The department

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

17  expenditure of the funds.

18         (9)  Each district and subdistrict that participates in

19  the model program effort or any future outsourcing

20  privatization effort as described in this section must

21  thoroughly analyze and report the complete direct and indirect

22  costs of delivering these services through the department and

23  the full cost of outsourcing privatization, including the cost

24  of monitoring and evaluating the contracted services.

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

26  subcontractors shall be exempt from state travel policies as

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

28  incurred in order to comply with the requirements of this

29  section.

30         Section 4.  The Office of Program Policy Analysis and

31  Government Accountability shall conduct two reviews of the

                                  49

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1476
    585-1803-05




 1  contract-management and accountability structures of the

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

 3  limited to, whether the department is adequately monitoring

 4  and managing its outsourced or privatized functions and

 5  services. The office shall report its findings and

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

 7  the House of Representatives, and the Auditor General by

 8  February 1 of 2006 and 2007, respectively.

 9         Section 5.  Section 402.72, Florida Statutes, is

10  repealed.

11         Section 6.  This act shall take effect July 1, 2005.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                     CS for Senate Bill 1476

15                                 

16  Adjusts the contract value thresholds at which an agency must
    first submit a proposed contract amendment for approval to the
17  Executive Office of the Governor.

18  Replaces the word "privatization" with "outsourcing" in the
    section heading of s. 409.1671,F.S., for consistency of
19  terminology.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  50

CODING: Words stricken are deletions; words underlined are additions.