Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 92
Ì646020fÎ646020
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/10/2021 .
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Appropriations Subcommittee on Health and Human Services (Bean)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 358 - 957
4 and insert:
5 Section 5. Paragraph (m) is added to subsection (3) of
6 section 394.9082, Florida Statutes, to read:
7 394.9082 Behavioral health managing entities.—
8 (3) DEPARTMENT DUTIES.—The department shall:
9 (m) Collect and post all of the following information on
10 its website, updated annually, for each managing entity under
11 contract with the department:
12 1. Current salaries, bonuses, and other compensation paid,
13 by position, for any employee who receives a salary from state
14 appropriated funds, including state-appropriated federal funds,
15 whether base pay or base pay combined with any bonus or
16 incentive payments, in excess of 150 percent of the annual
17 salary paid to the secretary of the Department of Children and
18 Families. For purposes of this subparagraph, the term “employee”
19 includes, but is not limited to, the chief executive officer,
20 chief financial officer, and chief operating officer, or any
21 other executive staff of the managing entity.
22 2. All findings of the comprehensive, multi-year review of
23 the revenues, expenditures, and financial position of all
24 managing entities, which shall cover the most recent two
25 consecutive fiscal years. The review must include a
26 comprehensive system-of-care analysis and provide expenditure
27 information related to direct care, administration, and indirect
28 costs. All contracted entities must develop and maintain a plan
29 to achieve financial viability which shall accompany the
30 department’s submission. The findings from this review shall be
31 submitted to the Governor, the President of the Senate, and the
32 Speaker of the House of Representatives by November 1, of each
33 year in addition to being posted on the department’s internet
34 website.
35 Section 6. Section 394.90825, Florida Statutes, is created
36 to read:
37 394.90825 Boards of managing entities; conflicts of
38 interest.—
39 (1) As used in this section, the term:
40 (a) “Activity” includes, but is not limited to, a contract
41 for goods and services, a contract for the purchase of any real
42 or tangible property, or an agreement to engage with the
43 managing entity for the benefit of a third party in exchange for
44 an interest in real or tangible property, a monetary benefit, or
45 an in-kind contribution.
46 (b) “Conflict of interest” means when a board member or an
47 officer, or a relative of a board member or an officer, of the
48 managing entity does any of the following:
49 1. Enters into a contract or other transaction for goods or
50 services with the managing entity.
51 2. Holds a direct or indirect interest in a corporation,
52 limited liability corporation, partnership, limited liability
53 partnership, or other business entity that conducts business
54 with the managing entity or proposes to enter into a contract or
55 other transaction with the managing entity. For purposes of this
56 paragraph, “indirect interest” has the same meaning as provided
57 in s. 112.312.
58 3. Knowingly obtains a direct or indirect personal,
59 financial, professional, or other benefit as a result of the
60 relationship of such member or officer, or relative of the
61 member or officer, with the managing entity. For purposes of
62 this paragraph, the term “benefit” does not include per diem and
63 travel expenses paid or reimbursed to board members in
64 connection with their service on the board.
65 (c) “Managing entity” has the same meaning as in s.
66 394.9082.
67 (d) “Relative” means a relative within the third degree of
68 consanguinity by blood or marriage.
69 (2)(a) For any activity that is presented to the board of a
70 managing entity for its initial consideration and approval after
71 July 1, 2021, or any activity that involves a contract that is
72 being considered for renewal on or after July 1, 2021, and
73 before January 1, 2022, a board member or an officer of a
74 managing entity shall disclose to the board any activity that
75 may reasonably be construed to be a conflict of interest before
76 such activity is initially considered and approved or renewed by
77 the board. A rebuttable presumption of a conflict of interest
78 exists if the activity was acted upon by the board without prior
79 notice as required under subsection (3).
80 (b) For contracts with a managing entity which are in
81 existence on July 1, 2021, and are not subject to renewal before
82 January 1, 2022, a board member or an officer shall disclose to
83 the board any activity that may reasonably be construed to be a
84 conflict of interest under this section by December 31, 2021.
85 (3)(a) If a board member or an officer, or a relative of a
86 member or an officer, proposes to engage in an activity as
87 described in (2)(a), the proposed activity must be listed on the
88 meeting agenda for the next general or special meeting of the
89 members, and copies of all contracts and transactional documents
90 related to the proposed activity must be included in the agenda.
91 The meeting agenda must clearly identify the existence of a
92 potential conflict of interest for the proposed activity. Before
93 a member or an officer, or a relative of a member or an officer,
94 engages in the proposed activity, the activity and contract or
95 other transaction documents must be approved by an affirmative
96 vote of two-thirds of all other members present.
97 (b) If a member or an officer notifies the board of a
98 potential conflict of interest with the member or officer, or a
99 relative of the member or officer, under an existing contract as
100 described in paragraph (2)(b), the board must notice the
101 activity on a meeting agenda for the next general or special
102 meeting of the members, and copies of all contracts and
103 transactional documents related to the activity must be
104 attached. The meeting agenda must clearly identify the existence
105 of a potential conflict of interest. The board must be given the
106 opportunity to approve or disapprove the conflict of interest by
107 a vote of two-thirds of all other members present.
108 (4)(a) If the board votes against the proposed activity
109 pursuant to paragraph (3)(a), the board member or officer, or
110 the relative of the member or officer, must notify the board in
111 writing of his or her intention, or his or her relative’s
112 intention, not to pursue the proposed activity, or the member or
113 officer shall withdraw from office before the next scheduled
114 board meeting. If the board finds that an officer or a member
115 has violated this paragraph, the officer or member shall be
116 deemed removed from office before the next scheduled board
117 meeting.
118 (b) In the event that the board does not approve of a
119 conflict of interest as required in paragraph (3)(b), the
120 parties to the activity may opt to cancel the activity or, in
121 the alternative, the member or officer must resign from the
122 board before the next scheduled board meeting. If the activity
123 canceled is a contract, the managing entity is only liable for
124 the reasonable value of the goods and services provided up to
125 the time of cancellation and is not liable for any termination
126 fee, liquidated damages, or other form of penalty for such
127 cancellation.
128 (5) A board member or an officer, or a relative of a member
129 or an officer, who is a party to, or has an interest in, an
130 activity that is a possible conflict of interest may attend the
131 meeting at which the activity is considered by the board and is
132 authorized to make a presentation to the board regarding the
133 activity. After the presentation, the member or officer, or the
134 relative of the member or officer, shall leave the meeting
135 during the discussion of, and the vote on, the activity. A
136 member or an officer who is a party to, or has an interest in,
137 the activity shall recuse himself or herself from the vote.
138 (6) A contract entered into between a board member or an
139 officer, or a relative of a member or an officer, and the
140 managing entity which has not been properly disclosed as a
141 conflict of interest or potential conflict of interest under
142 this section is voidable and terminates upon the filing of a
143 written notice terminating the contract with the board of
144 directors which contains the consent of at least 20 percent of
145 the voting interests of the managing entity.
146 Section 7. Section 409.987, Florida Statutes, is amended to
147 read:
148 409.987 Lead agency procurement; boards; conflicts of
149 interest.—
150 (1) Community-based care lead agencies shall be procured by
151 the department through a competitive process as required under
152 chapter 287.
153 (2) The department shall produce a schedule for the
154 procurement of community-based care lead agencies and provide
155 the schedule to the community alliances established pursuant to
156 s. 20.19(5) and post the schedule on the department’s website.
157 (3) Notwithstanding s. 287.057, the department shall use 5
158 year contracts with lead agencies.
159 (4) In order to serve as a lead agency, an entity must:
160 (a) Be organized as a Florida corporation or a governmental
161 entity.
162 (b) Be governed by a board of directors or a board
163 committee composed of board members. The membership of the board
164 of directors or board committee must be described in the bylaws
165 or articles of incorporation of each lead agency, which must
166 provide that at least 75 percent of the membership of the board
167 of directors or board committee must consist of persons residing
168 in this state, and at least 51 percent of the state residents on
169 the board of directors must reside within the service area of
170 the lead agency. However, for procurements of lead agency
171 contracts initiated on or after July 1, 2014:
172 1. At least 75 percent of the membership of the board of
173 directors must consist of persons residing in this state, and at
174 least 51 percent of the membership of the board of directors
175 must consist of persons residing within the service area of the
176 lead agency. If a board committee governs the lead agency, 100
177 percent of its membership must consist of persons residing
178 within the service area of the lead agency.
179 2. The powers of the board of directors or board committee
180 include, but are not limited to, approving the lead agency’s
181 budget and setting the lead agency’s operational policy and
182 procedures. A board of directors must additionally have the
183 power to hire the lead agency’s executive director, unless a
184 board committee governs the lead agency, in which case the board
185 committee must have the power to confirm the selection of the
186 lead agency’s executive director.
187 (c) Demonstrate financial responsibility through an
188 organized plan for regular fiscal audits and the posting of a
189 performance bond.
190 (5) The department’s procurement team procuring any lead
191 agencies’ contracts must include individuals from the community
192 alliance in the area to be served under the contract. All
193 meetings at which vendors make presentations to or negotiate
194 with the procurement team shall be held in the area to be served
195 by the contract.
196 (6) In communities where conditions make it impossible or
197 not feasible to competitively contract with a lead agency, the
198 department shall develop an alternative plan, in collaboration
199 with the local community alliance, that may include establishing
200 an innovative consortia of partners which may include, but is
201 not limited to, private entities, local and county governmental
202 entities, and the department. The plan must detail how the
203 community will continue to implement community-based care
204 through competitively procuring either the specific components
205 of foster care and related services or comprehensive services
206 for defined eligible populations of children and families from
207 qualified licensed agencies as part of the community’s efforts
208 to develop the local capacity for a community-based system of
209 coordinated care. The plan must ensure local control over the
210 management and administration of the service provision in
211 accordance with the intent of this section and may adhere to
212 recognized best business practices, including, but not limited
213 to, the use of public or private partnerships.
214 (7)(a) As used in this subsection, the term:
215 1. “Activity” includes, but is not limited to, a contract
216 for goods and services, a contract for the purchase of any real
217 or tangible property, or an agreement to engage with the lead
218 agency for the benefit of a third party in exchange for an
219 interest in real or tangible property, a monetary benefit, or an
220 in-kind contribution.
221 2. “Conflict of interest” means when a board member or an
222 officer, or a relative of a member or an officer, of the lead
223 agency does any of the following:
224 a. Enters into a contract or other transaction for goods or
225 services with the lead agency.
226 b. Holds a direct or indirect interest in a corporation,
227 limited liability corporation, partnership, limited liability
228 partnership, or other business entity that conducts business
229 with the lead agency or proposes to enter into a contract or
230 other transaction with the lead agency. For purposes of this
231 subparagraph, “indirect interest” has the same meaning as
232 provided in s. 112.312.
233 c. Knowingly obtains a direct or indirect personal,
234 financial, professional, or other benefit as a result of the
235 relationship of such member or officer, or relative of the
236 member or officer, with the lead agency. For purposes of this
237 subparagraph, the term “benefits” does not include per diem and
238 travel expenses paid or reimbursed to board members in
239 connection with their service on the board.
240 3. “Relative” means a relative within the third degree of
241 consanguinity by blood or marriage.
242 (b)1. For any activity that is presented to the board for
243 its initial consideration and approval on or after July 1, 2021,
244 or any activity that involves a contract which is being
245 considered for renewal on or after July 1, 2021, and before
246 January 1, 2022, a board member or an officer of a lead agency
247 must disclose to the board any activity that may reasonably be
248 construed to be a conflict of interest before such activity is
249 initially considered and approved or renewed by the board. A
250 rebuttable presumption of a conflict of interest exists if the
251 activity was acted upon by the board without prior notice, as
252 required in paragraph (c).
253 2. For contracts with a lead agency which are in existence
254 on July 1, 2021, and are not subject to renewal before January
255 1, 2022, a board member or officer shall disclose to the board
256 any activity that may reasonably be construed to be a conflict
257 of interest under this section by December 31, 2021.
258 (c)1. If a member or an officer, or a relative of a member
259 or an officer, proposes to engage in an activity that is covered
260 by subparagraph (b)1., the proposed activity must be listed on
261 the meeting agenda for the next general or special meeting of
262 the members, and copies of all contracts and transactional
263 documents related to the proposed activity must be included in
264 the agenda. The meeting agenda must clearly identify the
265 existence of a potential conflict of interest for the proposed
266 activity. Before a member or an officer, or a relative of a
267 member or an officer, engages in the proposed activity, the
268 activity and contract or other transaction documents must be
269 approved by an affirmative vote of two-thirds of all other
270 members present.
271 2. If a member or an officer notifies the board of a
272 potential conflict of interest with the member or officer, or a
273 relative of the member or officer, under an existing contract as
274 described in subparagraph (b)2., the board must notice the
275 activity on a meeting agenda for the next general or special
276 meeting of the members, and copies of all contracts and
277 transactional documents related to the activity must be
278 attached. The meeting agenda must clearly identify the existence
279 of a potential conflict of interest. The board must be given the
280 opportunity to approve or disapprove of the conflict of interest
281 by a vote of two-thirds of all other members present.
282 (d)1. If the board votes against the proposed activity
283 pursuant to subparagraph (c)1., the member or officer, or the
284 relative of the member or officer, must notify the board in
285 writing of his or her intention, or his or her relative’s
286 intention, not to pursue the proposed activity, or the member or
287 officer shall withdraw from office before the next scheduled
288 board meeting. If the board finds that an officer or a member
289 has violated this subparagraph, the officer or member shall be
290 deemed removed from office before the next scheduled board
291 meeting.
292 2. In the event that the board does not approve of a
293 conflict as required in subparagraph (c)2., the parties to the
294 activity may opt to cancel the activity or, in the alternative,
295 the member or officer must resign from the board before the next
296 scheduled board meeting. If the activity canceled is a contract,
297 the lead agency is only liable for the reasonable value of the
298 goods and services provided up to the time of cancellation and
299 is not liable for any termination fee, liquidated damages, or
300 other form of penalty for such cancellation.
301 (e) A member or an officer, or a relative of a member or an
302 officer, who is a party to, or has an interest in, an activity
303 that is a possible conflict of interest may attend the meeting
304 at which the activity is considered by the board and is
305 authorized to make a presentation to the board regarding the
306 activity. After the presentation, the member or officer, or the
307 relative of the member or officer, must leave the meeting during
308 the discussion of, and the vote on, the activity. A member or an
309 officer who is a party to, or has an interest in, the activity
310 must recuse himself or herself from the vote.
311 (f) A contract entered into between a member or an officer,
312 or a relative of a member or an officer, and the lead agency
313 which has not been properly disclosed as a conflict of interest
314 or potential conflict of interest under this subsection is
315 voidable and terminates upon the filing of a written notice
316 terminating the contract with the board of directors which
317 contains the consent of at least 20 percent of the voting
318 interests of the lead agency.
319 Section 8. Subsection (1) of section 409.988, Florida
320 Statutes, is amended to read:
321 409.988 Lead agency duties; general provisions.—
322 (1) DUTIES.—A lead agency:
323 (a) Shall serve all children referred as a result of a
324 report of abuse, neglect, or abandonment to the department’s
325 central abuse hotline, including, but not limited to, children
326 who are the subject of verified reports and children who are not
327 the subject of verified reports but who are at moderate to
328 extremely high risk of abuse, neglect, or abandonment, as
329 determined using the department’s risk assessment instrument,
330 regardless of the level of funding allocated to the lead agency
331 by the state if all related funding is transferred. The lead
332 agency may also serve children who have not been the subject of
333 reports of abuse, neglect, or abandonment, but who are at risk
334 of abuse, neglect, or abandonment, to prevent their entry into
335 the child protection and child welfare system.
336 (b) Shall provide accurate and timely information necessary
337 for oversight by the department pursuant to the child welfare
338 results-oriented accountability system required by s. 409.997.
339 (c) Shall follow the financial guidelines developed by the
340 department and provide for a regular independent auditing of its
341 financial activities. Such financial information shall be
342 provided to the community alliance established under s.
343 20.19(5).
344 (d) Shall post on its website the current budget for the
345 lead agency, including the salaries, bonuses, and other
346 compensation paid, by position, for the agency’s chief executive
347 officer, chief financial officer, and chief operating officer,
348 or their equivalents.
349 (e) Shall prepare all judicial reviews, case plans, and
350 other reports necessary for court hearings for dependent
351 children, except those related to the investigation of a
352 referral from the department’s child abuse hotline, and shall
353 submit these documents timely to the department’s attorneys for
354 review, any necessary revision, and filing with the court. The
355 lead agency shall make the necessary staff available to
356 department attorneys for preparation for dependency proceedings,
357 and shall provide testimony and other evidence required for
358 dependency court proceedings in coordination with the
359 department’s attorneys. This duty does not include the
360 preparation of legal pleadings or other legal documents, which
361 remain the responsibility of the department.
362 (e)(f) Shall ensure that all individuals providing care for
363 dependent children receive:
364 1. Appropriate training and meet the minimum employment
365 standards established by the department. Appropriate training
366 shall include, but is not limited to, training on the
367 recognition of and responses to head trauma and brain injury in
368 a child under 6 years of age developed by the Child Protection
369 Team Program within the Department of Health.
370 2. Contact information for the local mobile response team
371 established under s. 394.495.
372 (f)(g) Shall maintain eligibility to receive all available
373 federal child welfare funds.
374 (g) Shall demonstrate the ability to adhere to all best
375 child welfare practices pursuant to ss. 39.4087, 39.523,
376 409.1415, and 409.145.
377 (h) Shall maintain written agreements with Healthy Families
378 Florida lead entities in its service area pursuant to s. 409.153
379 to promote cooperative planning for the provision of prevention
380 and intervention services.
381 (i) Shall comply with federal and state statutory
382 requirements and agency rules in the provision of contractual
383 services.
384 (j) May subcontract for the provision of services required
385 by the contract with the lead agency and the department;
386 however, the subcontracts must specify how the provider will
387 contribute to the lead agency meeting the performance standards
388 established pursuant to the child welfare results-oriented
389 accountability system required by s. 409.997. The lead agency
390 shall directly provide no more than 35 percent of all child
391 welfare services provided unless it can demonstrate a need,
392 within the lead agency’s geographic service area, to exceed this
393 threshold. The local community alliance in the geographic
394 service area in which the lead agency is seeking to exceed the
395 threshold shall review the lead agency’s justification for need
396 and recommend to the department whether the department should
397 approve or deny the lead agency’s request for an exemption from
398 the services threshold. If there is not a community alliance
399 operating in the geographic service area in which the lead
400 agency is seeking to exceed the threshold, such review and
401 recommendation shall be made by representatives of local
402 stakeholders, including at least one representative from each of
403 the following:
404 1. The department.
405 2. The county government.
406 3. The school district.
407 4. The county United Way.
408 5. The county sheriff’s office.
409 6. The circuit court corresponding to the county.
410 7. The county children’s board, if one exists.
411 (k) Shall post on its website by the 15th day of each month
412 at a minimum the information contained in subparagraphs 1.-4.
413 for the preceding calendar month regarding its case management
414 services. The following information shall be reported by each
415 individual subcontracted case management provider, by the lead
416 agency, if the lead agency provides case management services,
417 and in total for all case management services subcontracted or
418 directly provided by the lead agency:
419 1. The average caseload of case managers, including only
420 filled positions;
421 2. The turnover rate for case managers and case management
422 supervisors for the previous 12 months;
423 3. The percentage of required home visits completed; and
424 4. Performance on outcome measures required pursuant to s.
425 409.997 for the previous 12 months.
426 (l) Shall identify an employee to serve as a liaison with
427 the community alliance and community-based and faith-based
428 organizations interested in collaborating with the lead agency
429 or offering services or other assistance on a volunteer basis to
430 the children and families served by the lead agency. The lead
431 agency shall ensure that appropriate lead agency staff and
432 subcontractors, including, but not limited to, case managers,
433 are informed of the specific services or assistance available
434 from community-based and faith-based organizations.
435 Section 9. Present subsections (3) through (25) of section
436 409.996, Florida Statutes, are redesignated as subsections (4)
437 through (26), respectively, a new subsection (3) is added to
438 that section, and subsections (1) and (2) and paragraph (d) of
439 present subsection (25) are amended, to read:
440 409.996 Duties of the Department of Children and Families.
441 The department shall contract for the delivery, administration,
442 or management of care for children in the child protection and
443 child welfare system. In doing so, the department retains
444 responsibility for the quality of contracted services and
445 programs and shall ensure that, at a minimum, services are
446 delivered in accordance with applicable federal and state
447 statutes and regulations and the performance standards and
448 metrics specified in the strategic plan created under s.
449 20.19(1).
450 (1) The department shall enter into contracts with lead
451 agencies for the performance of the duties by the lead agencies
452 established in s. 409.988. At a minimum, the contracts must do
453 all of the following:
454 (a) Provide for the services needed to accomplish the
455 duties established in s. 409.988. and
456 (b) Provide information to the department which specifies
457 how the lead agency will adhere to all best child welfare
458 practices pursuant to ss. 39.4087, 39.523, 409.1415, and
459 409.145.
460 (c) Provide information to the department which is
461 necessary to meet the requirements for a quality assurance
462 program under subsection (20) (19) and the child welfare
463 results-oriented accountability system under s. 409.997.
464 (d)(b) Provide for tiered interventions and graduated
465 penalties for failure to comply with contract terms or in the
466 event of performance deficiencies. Such interventions and
467 penalties shall include, but are not limited to:
468 1. Enhanced monitoring and reporting.
469 2. Corrective action plans.
470 3. Requirements to accept technical assistance and
471 consultation from the department under subsection (5) (4).
472 4. Financial penalties, which shall require a lead agency
473 to reallocate funds from administrative costs to direct care for
474 children.
475 5. Early termination of contracts, as provided in s.
476 402.1705(3)(f).
477 (e)(c) Ensure that the lead agency shall furnish current
478 and accurate information on its activities in all cases in
479 client case records in the state’s statewide automated child
480 welfare information system.
481 (f)(d) Specify the procedures to be used by the parties to
482 resolve differences in interpreting the contract or to resolve
483 disputes as to the adequacy of the parties’ compliance with
484 their respective obligations under the contract.
485 (2) The department must adopt written policies and
486 procedures for monitoring the contract for delivery of services
487 by lead agencies which must be posted on the department’s
488 website. These policies and procedures must, at a minimum,
489 address the evaluation of fiscal accountability and program
490 operations, including provider achievement of performance
491 standards, provider monitoring of subcontractors, and timely
492 follow-up followup of corrective actions for significant
493 monitoring findings related to providers and subcontractors.
494 These policies and procedures must also include provisions for
495 reducing the duplication of the department’s program monitoring
496 activities both internally and with other agencies, to the
497 extent possible. The department’s written procedures must ensure
498 that the written findings, conclusions, and recommendations from
499 monitoring the contract for services of lead agencies are
500 communicated to the director of the provider agency and the
501 community alliance as expeditiously as possible.
502 (3) The department shall collect and post on its website,
503 and annually update, all of the following information for each
504 lead agency under contract with the department:
505 (a) Current salaries, bonuses, and other compensation paid,
506 by position, for any employee who receives a salary from state
507 appropriated funds, including state-appropriated federal funds,
508 whether base pay or base pay combined with any bonus or
509 incentive payments, in excess of 150 percent of the annual
510 salary paid to the secretary of the Department of Children and
511 Families. For purposes of this paragraph, the term “employee”
512 includes, but is not limited to, the chief executive officer,
513 chief financial officer, and chief operating officer, or any
514 other executive staff of the community-based care lead agency.
515 (b) All findings of the comprehensive, multi-year review of
516 the revenues, expenditures, and financial position of all lead
517 agencies, which shall cover the most recent two consecutive
518 fiscal years. The review must include a comprehensive system-of
519 care analysis and provide expenditure information related to
520 direct care, administration, and indirect costs. All contracted
521 agencies must develop and maintain a plan to achieve financial
522 viability which shall accompany the department’s submission. The
523 findings from this review shall be submitted to the Governor,
524 the President of the Senate, and the Speaker of the House of
525 Representatives by November 1, of each year in addition to being
526 posted on the department’s internet website.
527 ================= T I T L E A M E N D M E N T ================
528 And the title is amended as follows:
529 Delete lines 32 - 72
530 and insert:
531 the department; creating s. 394.90825, F.S.; defining
532 terms; requiring a board member or an officer of a
533 managing entity to disclose specified activity that
534 may reasonably be construed as a conflict of interest;
535 creating a rebuttable presumption of a conflict of
536 interest if the activity was acted upon by the board
537 without prior notice; establishing a process for the
538 managing entity’s board of directors to address the
539 activity under certain timelines; providing for
540 certain consequences for failure to obtain a board’s
541 approval or failure to properly disclose a contract as
542 a conflict of interest; amending s. 409.987, F.S.;
543 requiring the department to develop an alternative
544 plan to contracting with a lead agency in a community
545 under certain circumstances; providing requirements
546 for the alternative plan; defining terms; requiring a
547 board member or an officer of a lead agency to
548 disclose activity that may reasonably be construed as
549 a conflict of interest; creating a rebuttable
550 presumption of a conflict of interest if the activity
551 was acted upon by the board without prior notice;
552 establishing a process for the lead agency’s board of
553 directors to address the activity under certain
554 timelines; providing for certain consequences for
555 failure to obtain a board’s approval or failure to
556 properly disclose a contract as a conflict of
557 interest; amending s. 409.988, F.S.; deleting a
558 requirement that lead agencies post their current
559 budgets on their websites; requiring a lead agency to
560 demonstrate the ability to adhere to all best child
561 welfare practices; amending s. 409.996,