| 1 | A bill to be entitled |
| 2 | An act relating to foster care and related services; |
| 3 | amending s. 409.1671, F.S.; providing for general |
| 4 | liability insurance coverage for community-based provider |
| 5 | staff under certain circumstances; requiring the |
| 6 | Department of Children and Family Services to enter into |
| 7 | multiyear, fixed-price contracts with lead agencies; |
| 8 | requiring the department to contract with third-party |
| 9 | entities for fiscal, administrative, and programmatic |
| 10 | monitoring to replace department monitoring, except as |
| 11 | required by federal law; providing an exemption from |
| 12 | competitive procurement for a specified period of time; |
| 13 | requiring the department to develop a compliance |
| 14 | supplement, in consultation with the Department of |
| 15 | Financial Services, regarding flexibility of allowable |
| 16 | expenditures; amending s. 409.175, F.S.; providing for |
| 17 | department approval of certain health standards; providing |
| 18 | an appropriation; providing an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Paragraphs (h) and (j) of subsection (1) of |
| 23 | section 409.1671, Florida Statutes, are amended, and subsection |
| 24 | (12) is added to that section, to read: |
| 25 | 409.1671 Foster care and related services; outsourcing.-- |
| 26 | (1) |
| 27 | (h) Other than an entity to which s. 768.28 applies, any |
| 28 | eligible lead community-based provider, as defined in paragraph |
| 29 | (e), or its employees or officers, except as otherwise provided |
| 30 | in paragraph (i), must, as a part of its contract, obtain a |
| 31 | minimum of $1 million per claim/$3 million per incident in |
| 32 | general liability insurance coverage. In lieu of such personal |
| 33 | motor vehicle insurance, the lead community-based provider's |
| 34 | casualty, liability, or motor vehicle insurance carrier may |
| 35 | provide such motor vehicle coverage under its policy, by |
| 36 | endorsement, schedule, declaration, rider, or otherwise, to |
| 37 | include such bodily injury liability coverage for the personal |
| 38 | motor vehicles of the provider's employees when used within the |
| 39 | scope of their employment or to transport the provider's client |
| 40 | children or families, including while en route to and returning |
| 41 | from transporting the provider's client children or families. An |
| 42 | insurer is authorized to develop rates and forms to schedule |
| 43 | such employees' motor vehicles as covered automobiles in the |
| 44 | policy issued to the lead community-based provider, or the |
| 45 | eligible lead community-based provider may obtain non-owned |
| 46 | automobile liability insurance coverage in order to provide the |
| 47 | required minimum bodily injury liability insurance coverage. If |
| 48 | the eligible lead community-based provider does not offer such |
| 49 | coverage, the eligible lead community-based provider must also |
| 50 | require that staff who transport client children and families in |
| 51 | their personal automobiles in order to carry out their job |
| 52 | responsibilities obtain minimum bodily injury liability |
| 53 | insurance in the amount of $100,000 per claim, $300,000 per |
| 54 | incident, on their personal automobiles. In any tort action |
| 55 | brought against such an eligible lead community-based provider |
| 56 | or employee, net economic damages shall be limited to $1 million |
| 57 | per liability claim and $100,000 per automobile claim, |
| 58 | including, but not limited to, past and future medical expenses, |
| 59 | wage loss, and loss of earning capacity, offset by any |
| 60 | collateral source payment paid or payable. In any tort action |
| 61 | brought against such an eligible lead community-based provider, |
| 62 | noneconomic damages shall be limited to $200,000 per claim. A |
| 63 | claims bill may be brought on behalf of a claimant pursuant to |
| 64 | s. 768.28 for any amount exceeding the limits specified in this |
| 65 | paragraph. Any offset of collateral source payments made as of |
| 66 | the date of the settlement or judgment shall be in accordance |
| 67 | with s. 768.76. The lead community-based provider shall not be |
| 68 | liable in tort for the acts or omissions of its subcontractors |
| 69 | or the officers, agents, or employees of its subcontractors. |
| 70 | (j) Any subcontractor of an eligible lead community-based |
| 71 | provider, as defined in paragraph (e), that which is a direct |
| 72 | provider of foster care and related services to children and |
| 73 | families, and its employees or officers, except as otherwise |
| 74 | provided in paragraph (i), must, as a part of its contract, |
| 75 | obtain a minimum of $1 million per claim/$3 million per incident |
| 76 | in general liability insurance coverage. In lieu of such |
| 77 | personal motor vehicle insurance, the subcontractor's casualty, |
| 78 | liability, or motor vehicle insurance carrier may provide such |
| 79 | motor vehicle coverage under its policy, by endorsement, |
| 80 | schedule, declaration, rider, or otherwise, to include such |
| 81 | bodily injury liability coverage for the personal motor vehicles |
| 82 | of the subcontractor's employees when used within the scope of |
| 83 | their employment or to transport the subcontractor's client |
| 84 | children or families, including while en route to and returning |
| 85 | from transporting the subcontractor's client children or |
| 86 | families. An insurer is authorized to develop rates and forms to |
| 87 | schedule such employees' motor vehicles as covered automobiles |
| 88 | in the policy issued to the subcontractor, or the subcontractor |
| 89 | may obtain non-owned automobile liability insurance coverage in |
| 90 | order to provide the required minimum bodily injury liability |
| 91 | insurance coverage. If the subcontractor does not offer such |
| 92 | coverage, the subcontractor of an eligible lead community-based |
| 93 | provider must also require that staff who transport client |
| 94 | children and families in their personal automobiles in order to |
| 95 | carry out their job responsibilities obtain minimum bodily |
| 96 | injury liability insurance in the amount of $100,000 per claim, |
| 97 | $300,000 per incident, on their personal automobiles. In any |
| 98 | tort action brought against such subcontractor or employee, net |
| 99 | economic damages shall be limited to $1 million per liability |
| 100 | claim and $100,000 per automobile claim, including, but not |
| 101 | limited to, past and future medical expenses, wage loss, and |
| 102 | loss of earning capacity, offset by any collateral source |
| 103 | payment paid or payable. In any tort action brought against such |
| 104 | subcontractor, noneconomic damages shall be limited to $200,000 |
| 105 | per claim. A claims bill may be brought on behalf of a claimant |
| 106 | pursuant to s. 768.28 for any amount exceeding the limits |
| 107 | specified in this paragraph. Any offset of collateral source |
| 108 | payments made as of the date of the settlement or judgment shall |
| 109 | be in accordance with s. 768.76. |
| 110 | (12) In order to increase efficiency and reduce the cost |
| 111 | of administration and delivery of foster care and related |
| 112 | services, the department shall: |
| 113 | (a) Enter into multiyear, fixed-price contracts with lead |
| 114 | agencies. |
| 115 | (b) Contract for fiscal, administrative, and programmatic |
| 116 | monitoring by independent, nongovernmental third-party entities |
| 117 | to replace department monitoring, except as required by federal |
| 118 | law. Monitoring shall be conducted in a manner jointly agreed to |
| 119 | by the lead agencies and the department. The department shall |
| 120 | fund the cost of contracting with these entities. The selection |
| 121 | of third-party entities under this subsection shall be exempt |
| 122 | from s. 287.057 through June 30, 2008. |
| 123 | (c) Develop a compliance supplement, in consultation with |
| 124 | the Department of Financial Services, regarding flexibility of |
| 125 | allowable expenditures in accordance with s. 215.97. |
| 126 | Section 2. Paragraph (a) of subsection (5) of section |
| 127 | 409.175, Florida Statutes, is amended to read: |
| 128 | 409.175 Licensure of family foster homes, residential |
| 129 | child-caring agencies, and child-placing agencies; public |
| 130 | records exemption.-- |
| 131 | (5)(a) The department shall adopt and amend licensing |
| 132 | rules for family foster homes, residential child-caring |
| 133 | agencies, and child-placing agencies. The department may also |
| 134 | adopt rules relating to the screening requirements for summer |
| 135 | day camps and summer 24-hour camps. The requirements for |
| 136 | licensure and operation of family foster homes, residential |
| 137 | child-caring agencies, and child-placing agencies shall include: |
| 138 | 1. The operation, conduct, and maintenance of these homes |
| 139 | and agencies and the responsibility which they assume for |
| 140 | children served and the evidence of need for that service. |
| 141 | 2. The provision of food, clothing, educational |
| 142 | opportunities, services, equipment, and individual supplies to |
| 143 | assure the healthy physical, emotional, and mental development |
| 144 | of the children served. |
| 145 | 3. The appropriateness, safety, cleanliness, and general |
| 146 | adequacy of the premises, including fire prevention and health |
| 147 | standards, to provide for the physical comfort, care, and well- |
| 148 | being of the children served. Notwithstanding any other |
| 149 | provision of law, the department shall have exclusive |
| 150 | jurisdiction to approve rules for health standards established |
| 151 | by the Department of Health specific to family foster homes, |
| 152 | residential child-caring agencies, and child-placing agencies. |
| 153 | 4. The ratio of staff to children required to provide |
| 154 | adequate care and supervision of the children served and, in the |
| 155 | case of foster homes, the maximum number of children in the |
| 156 | home. |
| 157 | 5. The good moral character based upon screening, |
| 158 | education, training, and experience requirements for personnel. |
| 159 | 6. The department may grant exemptions from |
| 160 | disqualification from working with children or the |
| 161 | developmentally disabled as provided in s. 435.07. |
| 162 | 7. The provision of preservice and inservice training for |
| 163 | all foster parents and agency staff. |
| 164 | 8. Satisfactory evidence of financial ability to provide |
| 165 | care for the children in compliance with licensing requirements. |
| 166 | 9. The maintenance by the agency of records pertaining to |
| 167 | admission, progress, health, and discharge of children served, |
| 168 | including written case plans and reports to the department. |
| 169 | 10. The provision for parental involvement to encourage |
| 170 | preservation and strengthening of a child's relationship with |
| 171 | the family. |
| 172 | 11. The transportation safety of children served. |
| 173 | 12. The provisions for safeguarding the cultural, |
| 174 | religious, and ethnic values of a child. |
| 175 | 13. Provisions to safeguard the legal rights of children |
| 176 | served. |
| 177 | Section 3. The sum of $290,407 is appropriated from the |
| 178 | General Revenue Fund and the sum of $8,982 is appropriated from |
| 179 | the Federal Grants Trust Fund to the Department of Children and |
| 180 | Family Services for the 2007-2008 fiscal year to implement the |
| 181 | provisions of this act. |
| 182 | Section 4. This act shall take effect July 1, 2007. |