Florida Senate - 2009                                    SB 1638
       
       
       
       By Senator Gelber
       
       
       
       
       35-01400A-09                                          20091638__
    1                        A bill to be entitled                      
    2         An act relating to community-based foster care;
    3         amending s. 409.1671, F.S.; requiring that the
    4         Department of Children and Family Services ensure that
    5         contracts with community-based agencies are funded by
    6         general revenue and federal funding sources; requiring
    7         the agencies to document federal earnings and to
    8         return undocumented earnings to the department;
    9         permitting contracts with the agencies to be increased
   10         by excess earnings; authorizing the department to
   11         outsource certain functions relating to the agencies;
   12         permitting certain expenditures by the agencies;
   13         requiring fixed-price contracts with the agencies to
   14         have a 2-month advance and that interest on the
   15         advance be retained by the agencies to expend on
   16         allowable child welfare services; providing an
   17         effective date.
   18         
   19  Be It Enacted by the Legislature of the State of Florida:
   20         
   21         Section 1. Present subsections (10) and (11) of section
   22  409.1671, Florida Statutes, are redesignated as subsections (14)
   23  and (15), respectively, and new subsections (10), (11), 12), and
   24  (13) are added to that section, to read:
   25         409.1671 Foster care and related services; outsourcing.—
   26         (10) The department shall ensure that contracts entered
   27  into with community-based agencies pursuant to this section are
   28  funded by a grant of general revenue and by applicable federal
   29  funding sources. The community-based agencies shall document
   30  federal earnings, and earnings that are not documented must be
   31  returned to the department. Notwithstanding subsection (8), the
   32  community-based agencies’ annual contract amounts may be
   33  increased by excess federal earnings in accordance with s.
   34  216.181(11).
   35         (11) The department may outsource programmatic,
   36  administrative, or fiscal oversight of community-based agencies.
   37  Notwithstanding any other provision of law, the following
   38  community-based agency expenditures are permissible:
   39         (a) Staff cellular telephone allowances.
   40         (b) Contracts requiring deferred payments and maintenance
   41  agreements.
   42         (c) Security deposits for office leases.
   43         (d) Related professional membership dues and professional
   44  state license fees.
   45         (e) Food and refreshments.
   46         (f) Promotional materials.
   47         (g) Costs associated with fundraising personnel who are
   48  employed by or under contract with a community-based agency.
   49         (12) The department shall enter into fixed-price contracts
   50  with community-based agencies that have a 2-month advance
   51  payment at the beginning of the fiscal year followed by equal
   52  monthly payments.
   53         (13) Notwithstanding s. 216.181(16)(b), community-based
   54  agencies may retain any interest earned on advances and expend
   55  such earnings on allowable child welfare and related services.
   56  The department shall develop reporting requirements that require
   57  the community-based agency to annually document their interest
   58  earnings and associated expenditures.
   59         Section 2. This act shall take effect July 1, 2009.