Florida Senate - 2018 SB 1870
By Senator Rodriguez
37-00307-18 20181870__
1 A bill to be entitled
2 An act relating to privatized governmental functions;
3 amending ss. 394.9082, 409.987, and 430.2053, F.S.;
4 providing that certain individuals involved in the
5 management of behavioral health managing entities,
6 community-based care lead agencies, and aging resource
7 centers, respectively, are subject to part III of ch.
8 112, F.S.; providing penalties; prohibiting such
9 individuals from voting on any measure that may inure
10 to their private gain or loss or to private gain or
11 loss of other specified entities or persons; requiring
12 such individuals to make certain disclosures;
13 prohibiting such individuals from accepting gifts or
14 expenditures from a person or entity that is under
15 consideration for a contract or from certain
16 individuals who have contractual relationships with
17 the managing entity, lead agency, or aging resource
18 center; providing penalties; prohibiting certain
19 senior managers previously employed by a managing
20 entity, lead agency, or aging resource center from
21 representing another person or entity before the
22 entity, agency, or center for 2 years after retirement
23 or termination of employment; providing an effective
24 date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Paragraph (a) of subsection (5) of section
29 394.9082, Florida Statutes, is amended to read:
30 394.9082 Behavioral health managing entities.—
31 (5) MANAGING ENTITY DUTIES.—A managing entity shall:
32 (a) Maintain a governing board or, if a managed behavioral
33 health organization, an advisory board as provided in paragraph
34 (4)(c) or paragraph (4)(d), respectively.
35 1. The officers, partners, or members of the board of
36 directors of the entity, or the chief executive officer or
37 members if organized as a limited liability company, are subject
38 to part III of chapter 112, including, but not limited to, the
39 code of ethics and the public disclosure and reporting of
40 financial interests under s. 112.3145. For purposes of applying
41 part III of chapter 112 to activities of the officers, partners,
42 or members of the board of directors of the entity, or the chief
43 executive officer or members if organized as a limited liability
44 company, those persons shall be considered public officers or
45 employees, and the managing entity shall be considered their
46 agency as defined in s. 112.312. An officer, partner, or member
47 of the board of directors of the entity, or a chief executive
48 officer or member if organized as a limited liability company,
49 who fails to comply with this subparagraph is subject to
50 penalties provided under ss. 112.317 and 112.3173.
51 2. Notwithstanding s. 112.3143(2), a board member may not
52 vote on any measure that would inure to his or her special
53 private gain or loss; that he or she knows would inure to the
54 special private gain or loss of any principal by whom he or she
55 is retained or to the parent organization or subsidiary of a
56 corporate principal by which he or she is retained, other than
57 an agency as defined in s. 112.312; or that he or she knows
58 would inure to the special private gain or loss of a relative or
59 business associate of the board member. Before a vote is taken,
60 such member shall publicly state to the assembly the nature of
61 his or her interest in the matter from which he or she is
62 abstaining from voting and, within 15 days after the vote,
63 disclose the nature of his or her interest as a public record in
64 a memorandum filed with the person responsible for recording the
65 minutes of the meeting, who shall incorporate the memorandum in
66 the minutes. The officers, partners, members of the board of
67 directors, or, if organized as a limited liability company,
68 members of the company, and chief executive officer of a
69 managing entity are also required to file such disclosures with
70 the Commission on Ethics. The executive director of the managing
71 entity or his or her designee shall notify each existing and
72 newly appointed officer, partner, member of the board of
73 directors, or, if organized as a limited liability company,
74 member of the company, of a managing entity of his or her duty
75 to comply with the reporting requirements of part III of chapter
76 112.
77 3. Notwithstanding s. 112.3148, s. 112.3149, or any other
78 provision of law, the officers, partners, members of the board
79 of directors, or, if organized as a limited liability company,
80 members of the company, and chief executive officer of a
81 managing entity may not knowingly accept, directly or
82 indirectly, any gift or expenditure from a person or entity, or
83 an employee or representative of such person or entity, which
84 has a contractual relationship with the managing entity or which
85 is under consideration for a contract. An officer, partner, or
86 member of the board of directors of the managing entity, or a
87 chief executive officer or member if organized as a limited
88 liability company, who fails to comply with this subparagraph is
89 subject to penalties provided under ss. 112.317 and 112.3173.
90 4. A senior manager of a managing entity who was employed
91 on or after January 1, 2007, who subsequently retires or
92 terminates that employment may not represent another person or
93 another entity before the managing entity for 2 years after
94 retirement or termination of employment.
95 Section 2. Subsection (4) of section 409.987, Florida
96 Statutes, is amended to read:
97 409.987 Lead agency procurement.—
98 (4)(a) In order to serve as a lead agency, an entity must:
99 1.(a) Be organized as a Florida corporation or a
100 governmental entity.
101 2.(b) Be governed by a board of directors or a board
102 committee composed of board members. The membership of the board
103 of directors or board committee must be described in the bylaws
104 or articles of incorporation of each lead agency, which must
105 provide that at least 75 percent of the membership of the board
106 of directors or board committee must consist of persons residing
107 in this state, and at least 51 percent of the state residents on
108 the board of directors must reside within the service area of
109 the lead agency. However, for procurements of lead agency
110 contracts initiated on or after July 1, 2014:
111 a.1. At least 75 percent of the membership of the board of
112 directors must consist of persons residing in this state, and at
113 least 51 percent of the membership of the board of directors
114 must consist of persons residing within the service area of the
115 lead agency. If a board committee governs the lead agency, 100
116 percent of its membership must consist of persons residing
117 within the service area of the lead agency.
118 b.2. The powers of the board of directors or board
119 committee include, but are not limited to, approving the lead
120 agency’s budget and setting the lead agency’s operational policy
121 and procedures. A board of directors must additionally have the
122 power to hire the lead agency’s executive director, unless a
123 board committee governs the lead agency, in which case the board
124 committee must have the power to confirm the selection of the
125 lead agency’s executive director.
126 3.(c) Demonstrate financial responsibility through an
127 organized plan for regular fiscal audits and the posting of a
128 performance bond.
129 (b) The officers, partners, or members of the board of
130 directors of the lead agency, or the chief executive officer or
131 members if organized as a limited liability company, are subject
132 to part III of chapter 112, including, but not limited to, the
133 code of ethics and the public disclosure and reporting of
134 financial interests under s. 112.3145. For purposes of applying
135 part III of chapter 112 to activities of the officers, partners,
136 or members of the board of directors of the entity, or the chief
137 executive officer or members if organized as a limited liability
138 company, those persons shall be considered public officers or
139 employees, and the lead agency shall be considered their agency
140 as defined in s. 112.312. An officer, partner, or member of the
141 board of directors of the lead agency, or a chief executive
142 officer or member if organized as a limited liability company,
143 who fails to comply with this paragraph is subject to penalties
144 provided under ss. 112.317 and 112.3173.
145 (c) Notwithstanding s. 112.3143(2), a board member may not
146 vote on any measure that would inure to his or her special
147 private gain or loss; that he or she knows would inure to the
148 special private gain or loss of any principal by whom he or she
149 is retained or to the parent organization or subsidiary of a
150 corporate principal by which he or she is retained, other than
151 an agency as defined in s. 112.312; or that he or she knows
152 would inure to the special private gain or loss of a relative or
153 business associate of the board member. Before a vote is taken,
154 such member shall publicly state to the assembly the nature of
155 his or her interest in the matter from which he or she is
156 abstaining from voting and, within 15 days after the vote,
157 disclose the nature of his or her interest as a public record in
158 a memorandum filed with the person responsible for recording the
159 minutes of the meeting, who shall incorporate the memorandum in
160 the minutes. The officers, partners, members of the board of
161 directors, or, if organized as a limited liability company,
162 members of the company, and chief executive officer of a lead
163 agency are also required to file such disclosures with the
164 Commission on Ethics. The executive director of the lead agency
165 or his or her designee shall notify each existing and newly
166 appointed officer, partner, member of the board of directors,
167 or, if organized as a limited liability company, member of the
168 company, of a lead agency of his or her duty to comply with the
169 reporting requirements of part III of chapter 112.
170 (d) Notwithstanding s. 112.3148, s. 112.3149, or any other
171 provision of law, the officers, partners, members of the board
172 of directors, or, if organized as a limited liability company,
173 members of the company, and chief executive officer of a lead
174 agency may not knowingly accept, directly or indirectly, any
175 gift or expenditure from a person or entity, or an employee or
176 representative of such person or entity, which has a contractual
177 relationship with the lead agency or which is under
178 consideration for a contract. An officer, partner, or member of
179 the board of directors of the lead agency, or a chief executive
180 officer or member if organized as a limited liability company,
181 who fails to comply with this paragraph is subject to penalties
182 provided under ss. 112.317 and 112.3173.
183 (e) A senior manager of a community-based care lead agency
184 who was employed on or after January 1, 2007, who subsequently
185 retires or terminates that employment may not represent another
186 person or another entity before the community-based care lead
187 agency for 2 years after retirement or termination of
188 employment.
189 Section 3. Subsection (5) of section 430.2053, Florida
190 Statutes, is amended to read:
191 430.2053 Aging resource centers.—
192 (5) The aging resource center shall have a governing body
193 which shall be the same entity described in s. 20.41(7), and an
194 executive director who may be the same person as described in s.
195 20.41(7). The governing body shall annually evaluate the
196 performance of the executive director.
197 (a) The officers, partners, or members of the board of
198 directors of an aging resource center, or the chief executive
199 officer or members if organized as a limited liability company,
200 are subject to part III of chapter 112, including, but not
201 limited to, the code of ethics and the public disclosure and
202 reporting of financial interests under s. 112.3145. For purposes
203 of applying part III of chapter 112 to activities of the
204 officers, partners, or members of the board of directors of the
205 entity, or the chief executive officer or members if organized
206 as a limited liability company, those persons shall be
207 considered public officers or employees, and the aging resource
208 center shall be considered their agency as defined in s.
209 112.312. An officer, partner, or member of the board of
210 directors of the aging resource center, or a chief executive
211 officer or member if organized as a limited liability company,
212 who fails to comply with this paragraph is subject to penalties
213 provided under ss. 112.317 and 112.3173.
214 (b) Notwithstanding s. 112.3143(2), a board member may not
215 vote on any measure that would inure to his or her special
216 private gain or loss; that he or she knows would inure to the
217 special private gain or loss of any principal by whom he or she
218 is retained or to the parent organization or subsidiary of a
219 corporate principal by which he or she is retained, other than
220 an agency as defined in s. 112.312; or that he or she knows
221 would inure to the special private gain or loss of a relative or
222 business associate of the public officer. Before a vote is
223 taken, such member shall publicly state to the assembly the
224 nature of his or her interest in the matter from which he or she
225 is abstaining from voting and, within 15 days after the vote,
226 disclose the nature of his or her interest as a public record in
227 a memorandum filed with the person responsible for recording the
228 minutes of the meeting, who shall incorporate the memorandum in
229 the minutes. The officers, partners, members of the board of
230 directors, or, if organized as a limited liability company,
231 members of the company, and chief executive officer of an aging
232 resource center are also required to file such disclosures with
233 the Commission on Ethics. The executive director of the aging
234 resource center or his or her designee shall notify each
235 existing and newly appointed officer, partner, member of the
236 board of directors, or, if organized as a limited liability
237 company, member of the company, of an aging resource center of
238 their duty to comply with the reporting requirements of part III
239 of chapter 112.
240 (c) Notwithstanding s. 112.3148, s. 112.3149, or any other
241 provision of law, the officers, partners, members of the board
242 of directors, or, if organized as a limited liability company,
243 members of the company, and chief executive officer of an aging
244 resource center may not knowingly accept, directly or
245 indirectly, any gift or expenditure from a person or entity, or
246 an employee or representative of such person or entity, which
247 has a contractual relationship with the aging resource center or
248 which is under consideration for a contract. An officer,
249 partner, or member of the board of directors of the aging
250 resource center, or a chief executive officer or member if
251 organized as a limited liability company, who fails to comply
252 with this paragraph is subject to penalties provided under ss.
253 112.317 and 112.3173.
254 (d) A senior manager of an aging resource center who was
255 employed on or after January 1, 2007, who subsequently retires
256 or terminates that employment may not represent another person
257 or another entity before the aging resource center for 2 years
258 after retirement or termination of employment.
259 Section 4. This act shall take effect July 1, 2018.