Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 536
       
       
       
       
       
       
                                Ì736738OÎ736738                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/28/2024           .                                
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       The Committee on Fiscal Policy (Garcia) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (3) and (4) of section 409.016,
    6  Florida Statutes, are renumbered as subsections (4) and (5),
    7  respectively, and new subsection (3) is added to that section,
    8  to read:
    9         409.016 Definitions.—As used in this chapter:
   10         (3)“Management functions” means:
   11         (a)Planning, directing, organizing, coordinating, and
   12  carrying out oversight duties of the lead agency;
   13         (b)Contracting for officer or director level staffing in
   14  performance of the planning, directing, organizing,
   15  coordinating, and carrying out oversight duties of the lead
   16  agency.
   17         (4)(3) “Secretary” means the secretary of the Department of
   18  Children and Families.
   19         (5)(4) “Social and economic services,” within the meaning
   20  of this chapter, means the providing of financial assistance as
   21  well as preventive and rehabilitative social services for
   22  children, adults, and families.
   23         Section 2. Subsections (3) and (4) and paragraphs (a) and
   24  (b) of subsection (7) of section 409.987, Florida Statutes, are
   25  amended to read, and paragraph (g) is added to subsection (7) of
   26  that section, to read:
   27         409.987 Lead agency procurement; boards; conflicts of
   28  interest.—
   29         (3) Notwithstanding s. 287.057, the department shall use 5
   30  year contracts with lead agencies. The department may only
   31  extend for a period of one to five years, in accordance with s.
   32  287.057, if the lead agency has met performance expectations
   33  within the monitoring evaluation.
   34         (4) In order to serve as a lead agency, an entity must:
   35         (a) Be organized as a Florida corporation or a governmental
   36  entity.
   37         (b) Be governed by a board of directors or a board
   38  committee composed of board members. Board members shall provide
   39  oversight and ensure accountability and transparency for the
   40  system of care. The board of directors shall provide fiduciary
   41  oversight to prevent conflicts of interest, promote
   42  accountability and transparency, and protect state and federal
   43  funding from misuse. The board of directors shall act in
   44  accordance with s. 617.0830. The membership of the board of
   45  directors or board committee must be described in the bylaws or
   46  articles of incorporation of each lead agency, which must
   47  provide that at least 75 percent of the membership of the board
   48  of directors or board committee must be composed consist of
   49  persons residing in this state, and at least 51 percent of the
   50  state residents on the board of directors must reside within the
   51  service area of the lead agency. The lead agency shall ensure
   52  that board members participate in annual training related to
   53  their responsibilities. The department shall set forth minimum
   54  training criteria in the contracts with the lead agencies.
   55  However, for procurements of lead agency contracts initiated on
   56  or after July 1, 2014:
   57         1. At least 75 percent of the membership of the board of
   58  directors must be composed consist of persons residing in this
   59  state, and at least 51 percent of the membership of the board of
   60  directors must be composed consist of persons residing within
   61  the service area of the lead agency. If a board committee
   62  governs the lead agency, 100 percent of its membership must be
   63  composed consist of persons residing within the service area of
   64  the lead agency.
   65         2. The powers of the board of directors or board committee
   66  include, but are not limited to, approving the lead agency’s
   67  budget and setting the lead agency’s operational policy and
   68  procedures. A board of directors must additionally have the
   69  power to hire the lead agency’s executive director, unless a
   70  board committee governs the lead agency, in which case the board
   71  committee must have the power to confirm the selection of the
   72  lead agency’s executive director.
   73         (c) Demonstrate financial responsibility through an
   74  organized plan for regular fiscal audits; and the posting of a
   75  performance bond; and the posting of a fidelity bond to cover
   76  any costs associated with reprocurement and the assessed
   77  penalties related to a failure to disclose a conflict of
   78  interest under subsection (7).
   79         (7)(a) As used in this subsection, the term:
   80         1. “Activity” includes, but is not limited to, a contract
   81  for goods and services, a contract for the purchase of any real
   82  or tangible property, or an agreement to engage with a lead
   83  agency for the benefit of a third party in exchange for an
   84  interest in real or tangible property, a monetary benefit, or an
   85  in-kind contribution.
   86         2. “Conflict of interest” means when a board member,
   87  director, or an officer, or a relative of a board member,
   88  director, or an officer, of a lead agency does any of the
   89  following:
   90         a. Enters into a contract or other transaction for goods or
   91  services with the lead agency.
   92         b. Holds a direct or indirect interest in a corporation,
   93  limited liability corporation, partnership, limited liability
   94  partnership, or other business entity that conducts business
   95  with the lead agency or proposes to enter into a contract or
   96  other transaction with the lead agency. For purposes of this
   97  paragraph, the term “indirect interest” has the same meaning as
   98  in s. 112.312.
   99         c. Knowingly obtains a direct or indirect personal,
  100  financial, professional, or other benefit as a result of the
  101  relationship of such board member, director, or officer, or
  102  relative of the board member, director, or officer, with the
  103  lead agency. For purposes of this paragraph, the term “benefit”
  104  does not include per diem and travel expenses paid or reimbursed
  105  to board members or officers of the lead agency in connection
  106  with their service on the board.
  107         3.“Related party” means any entity of which a director or
  108  an officer of the entity is also directly or indirectly related
  109  to, or has a direct or indirect financial or other material
  110  interest in, the lead agency. The term also includes any
  111  subsidiary firm, parent entity, associate firm, or joint
  112  venture.
  113         4.3. “Relative” means a relative within the third degree of
  114  consanguinity by blood or marriage.
  115         (b)1. For any activity that is presented to the board of a
  116  lead agency for its initial consideration and approval after
  117  July 1, 2021, or any activity that involves a contract that is
  118  being considered for renewal on or after July 1, 2021, but
  119  before January 1, 2022, a board member, a director, or an
  120  officer of a lead agency shall disclose to the board any
  121  activity that may reasonably be construed to be a conflict of
  122  interest before such activity is initially considered and
  123  approved or a contract is renewed by the board. A rebuttable
  124  presumption of a conflict of interest exists if the activity was
  125  acted on by the board without prior notice as required under
  126  paragraph (c). The board shall disclose any known actual or
  127  potential conflicts to the department.
  128         2. A lead agency may not enter into a contract or be a
  129  party to any transaction with related parties if a conflict of
  130  interest is not properly disclosed. A lead agency may not enter
  131  into a contract with a related party for officer or director
  132  level staffing to perform management functions. The contract
  133  with the department and lead agency must specify the
  134  administrative functions and services that the lead agency may
  135  subcontract For contracts with a lead agency which are in
  136  existence on July 1, 2021, and are not subject to renewal before
  137  January 1, 2022, a board member or an officer of the lead agency
  138  shall disclose to the board any activity that may reasonably be
  139  construed to be a conflict of interest under this section by
  140  December 31, 2021.
  141         3.Subject to the requirements of subparagraph 2. of this
  142  subsection, a lead agency may enter into a contract or be a
  143  party to any transaction with related parties as long as the
  144  fee, rate, or price paid by the lead agency for the commodities
  145  or services being procured does not exceed the fair market value
  146  for such commodities or services. The lead agency shall disclose
  147  any known actual or potential conflicts to the department.
  148         (g)All department contracts with lead agencies shall
  149  contain the following contractual penalty provisions:
  150         1.Penalties in the amount of $5,000 per occurrence shall
  151  be imposed for each known and potential conflict of interest, as
  152  described in paragraph (b), which is not disclosed to the
  153  department.
  154         2.If a contract is executed for which a conflict of
  155  interest was not disclosed to the department before execution of
  156  the contract, the following penalties apply:
  157         i.A penalty in the amount of $25,000 for a first offense.
  158         ii.A penalty in the amount of $50,000 for a second or
  159  subsequent offense.
  160         iii.Removal of the board member that did not disclose a
  161  known conflict of interest.
  162         3.The penalties for failure to disclose a conflict of
  163  interest under subparagraph (1) and (2) apply to any contract
  164  entered into, regardless of the method of procurement,
  165  including, but not limited to, formal procurement, single-source
  166  contracts, and contracts that do not meet the minimum threshold
  167  for formal procurement.
  168         4.A contract procured for which a conflict of interest was
  169  not disclosed to the department before execution of the contract
  170  shall be reprocured. The department shall recoup from the lead
  171  agency expenses related to a contract that was executed without
  172  disclosure of a conflict of interest.
  173         Section 3. Paragraphs (c), (j), and (k) of subsection (1)
  174  of section 409.988, Florida Statutes, are amended to read:
  175         409.988 Community-based care lead agency duties; general
  176  provisions.—
  177         (1) DUTIES.—A lead agency:
  178         (c) Shall follow the financial guidelines developed by the
  179  department and shall comply with regular, independent auditing
  180  of its financial activities, including any requests for records
  181  associated with such financial audits within the timeframe
  182  established by the department or its contracted vendors provide
  183  for a regular independent auditing of its financial activities.
  184  The results of the financial audit must Such financial
  185  information shall be provided to the community alliance
  186  established under s. 20.19(5).
  187         (j)1. May subcontract for the provision of services,
  188  excluding with a related party for officer or director level
  189  staffing to perform management functions, required by the
  190  contract with the lead agency and the department; however, the
  191  subcontracts must specify how the provider will contribute to
  192  the lead agency meeting the performance standards established
  193  pursuant to the child welfare results-oriented accountability
  194  system required by s. 409.997. Any contract with a non-related
  195  entity for officer or director level staffing to perform
  196  management functions must adhere to the executive compensation
  197  provision in s. 409.922(3).
  198         2. The lead agency shall directly provide no more than 35
  199  percent of all child welfare services provided unless it can
  200  demonstrate a need, within the lead agency’s geographic service
  201  area, where there is a lack of qualified providers available to
  202  perform necessary child welfare services. The approval period to
  203  exceed the threshold shall be limited to 2 years.to exceed this
  204  threshold. After the 2-year period, the lead agency may submit
  205  annual 1-year extension requests with a detailed report of all
  206  efforts to recruit a qualified provider to perform the necessary
  207  services to that geographic service area. If the department
  208  determines the lead agency is not making a good faith effort to
  209  recruit a qualified provider they must deny the extension
  210  request and require reprocurement. The local community alliance
  211  in the geographic service area in which the lead agency is
  212  seeking to exceed the threshold shall review the lead agency’s
  213  justification for need and recommend to the department whether
  214  the department should approve or deny the lead agency’s request
  215  for an exemption from the services threshold. If there is not a
  216  community alliance operating in the geographic service area in
  217  which the lead agency is seeking to exceed the threshold, such
  218  review and recommendation shall be made by representatives of
  219  local stakeholders, including at least one representative from
  220  each of the following:
  221         1. The department.
  222         2. The county government.
  223         3. The school district.
  224         4. The county United Way.
  225         5. The county sheriff’s office.
  226         6. The circuit court corresponding to the county.
  227         7. The county children’s board, if one exists.
  228         (k) Shall publish on its website by the 15th day of each
  229  month at a minimum the data specified in subparagraphs 1.-10.5.,
  230  calculated using a standard methodology determined by the
  231  department, for the preceding calendar month regarding its case
  232  management services. The following information shall be reported
  233  by each individual subcontracted case management provider, by
  234  the lead agency, if the lead agency provides case management
  235  services, and in total for all case management services
  236  subcontracted or directly provided by the lead agency:
  237         1. The average caseload of case managers, including only
  238  filled positions;
  239         2. The total number and percentage of case managers who
  240  have 25 or more cases on their caseloads;
  241         3. The turnover rate for case managers and case management
  242  supervisors for the previous 12 months;
  243         4. The percentage of required home visits completed; and
  244         5. Performance on outcome measures required pursuant to s.
  245  409.997 for the previous 12 months.
  246         6.The number of unlicensed placements for the previous
  247  month;
  248         7.The percentages and trends for foster parent and group
  249  home recruitment and licensure for the previous month;
  250         8.The percentage of families being served through family
  251  support, in-home, and out-of-home services for the previous
  252  month; and
  253         9.The percentage of cases that converted from nonjudicial
  254  to judicial for the previous month.
  255         10.	Children’s legal service staffing rates.
  256         Section 4. Section 409.991, Florida Statutes, is repealed.
  257         Section 5. Section 409.9913, Florida Statutes, is created
  258  to read:
  259         409.9913Funding methodology to allocate funding to lead
  260  agencies.—
  261         (1)	As used in this section, the term:
  262         (a)“Core services funding” means all funds allocated to
  263  lead agencies. The term does not include any of the following:
  264         1.Funds appropriated for independent living services.
  265         2.Funds appropriated for maintenance adoption subsidies.
  266         3.Funds allocated by the department for child protective
  267  investigation service training.
  268         4.Nonrecurring funds.
  269         5.Designated mental health wrap-around service funds.
  270         6.Funds for special projects for a designated lead agency.
  271         7.Funds appropriated for the Guardianship Assistance
  272  Program established under s. 39.6225.
  273         (b)“Operational and fixed costs” means:
  274         1.Administrative expenditures, including, but not limited
  275  to, information technology and human resources functions.
  276         2.Lease payments.
  277         3.Asset depreciation.
  278         4.Utilities.
  279         5.Administrative components of case management.
  280         6.Mandated activities such as training, quality
  281  improvement, or contract management.
  282         (2)The department shall develop, in collaboration with
  283  lead agencies and providers of child welfare services, a funding
  284  methodology for allocating core services funding to lead
  285  agencies which, at a minimum:
  286         (a)Is actuarially sound.
  287         (b)Is reimbursement based.
  288         (c)Is designed to incentivize efficient and effective lead
  289  agency operation, prevention, family preservation, and
  290  permanency.
  291         (d)Considers variable costs, including, but not limited
  292  to:
  293         1.Direct costs for in-home and out-of-home care for
  294  children served by the lead agencies.
  295         2. Direct costs for prevention services.
  296         3.Operational and fixed costs.
  297         (f)Is scaled regionally for cost-of-living factors.
  298         (3)The lead agencies and providers shall submit any
  299  detailed cost and expenditure data that the department requests
  300  for the development of the funding methodology.
  301         (4)The department shall submit a report to the Governor,
  302  the President of the Senate, and the Speaker of the House of
  303  Representatives by December 1, 2024, which, at a minimum:
  304         (a)Describes a proposed funding methodology and formula
  305  that will provide for the annual budget of each lead agency,
  306  including, but not limited to, how the proposed methodology will
  307  meet the criteria in subsection (2).
  308         (b)Describes the data used to develop the methodology, and
  309  the data that will be used to annually calculate the proposed
  310  lead agency budget.
  311         (c)Specifies proposed rates and total allocations for each
  312  lead agency. The allocations must ensure that the total of all
  313  amounts allocated to lead agencies under the funding methodology
  314  does not exceed the total amount appropriated to lead agencies
  315  in the General Appropriations Act in the 2024-2025 fiscal year.
  316         (d)Provides risk mitigation recommendations that ensure
  317  that lead agencies do not experience a reduction in funding that
  318  would be detrimental to operations or result in a reduction in
  319  services to children.
  320         (5)By October 31 of each year, beginning in 2025, the
  321  department shall submit a report to the Governor, the President
  322  of the Senate, and the Speaker of the House of Representatives
  323  which includes recommendations for adjustments to the funding
  324  methodology for the next fiscal year, using the criteria in
  325  subsection (2) and basing the recommendations on, at a minimum,
  326  updated expenditure data, cost-of-living adjustments, market
  327  dynamics, or other catchment area variations. The total of all
  328  amounts proposed for allocation to lead agencies under the
  329  funding methodology for the next fiscal year may not exceed the
  330  total amount appropriated for core services funding in the
  331  current fiscal year’s General Appropriations Act. The funding
  332  methodology must include risk mitigation strategies that ensure
  333  that lead agencies do not experience a reduction in funding that
  334  would be detrimental to operations or result in a reduction in
  335  services to children.
  336         (6)(a)The requirements of this section do not replace, and
  337  must be in addition to, any requirements of chapter 216,
  338  including, but not limited to, submission of final legislative
  339  budget requests by the department under s. 216.023.
  340         (b)The data and reports required under subsections (4) and
  341  (5) may also include proposed rates and total allocations for
  342  each lead agency which reflect any additional core services
  343  funding for lead agencies which is requested by the department
  344  under s. 216.023.
  345         (7)(a)Beginning with the 2025-2026 fiscal year, the
  346  Legislature shall allocate funding to lead agencies through the
  347  General Appropriations Act with due consideration of the funding
  348  methodology developed under this section.
  349         (b)The department may not change the allocation of funds
  350  to a lead agency as provided in the General Appropriations Act
  351  without legislative approval. The department may approve
  352  additional risk pool funding for a lead agency as provided under
  353  s. 409.990.
  354         (8)	The department shall provide to the Governor, the
  355  President of the Senate, and the Speaker of the House of
  356  Representatives monthly reports from July through October 2024
  357  which provide updates on activities and progress in developing
  358  the funding methodology.
  359         Section 6. Subsections (1) and (3) of section 409.992,
  360  Florida Statutes, are amended to read:
  361         409.992 Lead agency expenditures.—
  362         (1) The procurement of commodities or contractual services
  363  by lead agencies is shall be governed by the financial
  364  guidelines developed by the department and must comply with
  365  applicable state and federal law and follow good business
  366  practices. Pursuant to s. 11.45, the Auditor General may provide
  367  technical advice in the development of the financial guidelines.
  368         (a)1. Lead agencies shall competitively procure all
  369  contracts, consistent with the federal simplified acquisition
  370  threshold.
  371         2.Lead agencies shall competitively procure all contracts
  372  in excess of $35,000 with related parties.
  373         3.Financial penalties or sanctions, as established by the
  374  department and incorporated into the contract, shall be imposed
  375  by the department for noncompliance with applicable local,
  376  state, or federal law for the procurement of commodities or
  377  contractual services.
  378         (b)The contract between the department and the lead agency
  379  must delineate the rights and obligations of the lead agency
  380  concerning the acquisition, transfer, or other disposition of
  381  real property. At a minimum, the contract must:
  382         1.Require the lead agency to follow all federal law on the
  383  acquisition, improvement, transfer, or disposition of real
  384  property acquired by the lead agency using federal dollars.
  385         2.Require the department to obtain the rights to and
  386  ownership of all real property acquired by the lead agency using
  387  state funds.
  388         3.Require the department to approve any sale, transfer, or
  389  disposition of real property acquired and held by the lead
  390  agency using state funds.
  391         4.Require the department to retain all rights to and
  392  ownership of all real property acquired with state funds and
  393  held by the lead agency upon termination of the lead agency
  394  contract.
  395         (3) Notwithstanding any other provision of law, a
  396  community-based care lead agency administrative employee may not
  397  receive a salary, whether base pay or base pay combined with any
  398  bonus or incentive payments, in excess of 150 percent of the
  399  annual salary paid to the secretary of the Department of
  400  Children and Families from state-appropriated funds, including
  401  state-appropriated federal funds. This limitation applies
  402  regardless of the number of contracts a community-based care
  403  lead agency may execute with the department. This subsection
  404  does not prohibit any party from providing cash that is not from
  405  appropriated state funds to a community-based care lead agency
  406  administrative employee.
  407         Section 7. Paragraph (d) of subsection (1) of section
  408  409.994, Florida Statutes, is amended to read:
  409         409.994 Community-based care lead agencies; receivership.—
  410         (1) The Department of Children and Families may petition a
  411  court of competent jurisdiction for the appointment of a
  412  receiver for a community-based care lead agency established
  413  pursuant to s. 409.987 if any of the following conditions exist:
  414         (d) The lead agency cannot meet, or is unlikely to meet,
  415  its current financial obligations to its employees, contractors,
  416  or foster parents. Issuance of bad checks or the existence of
  417  delinquent obligations for payment of salaries, utilities, or
  418  invoices for essential services or commodities constitutes shall
  419  constitute prima facie evidence that the lead agency lacks the
  420  financial ability to meet its financial obligations.
  421         Section 8. Paragraph (d) of subsection (1) of section
  422  409.996, Florida Statutes, is amended to read:
  423         409.996 Duties of the Department of Children and Families.
  424  The department shall contract for the delivery, administration,
  425  or management of care for children in the child protection and
  426  child welfare system. In doing so, the department retains
  427  responsibility for the quality of contracted services and
  428  programs and shall ensure that, at a minimum, services are
  429  delivered in accordance with applicable federal and state
  430  statutes and regulations and the performance standards and
  431  metrics specified in the strategic plan created under s.
  432  20.19(1).
  433         (1) The department shall enter into contracts with lead
  434  agencies for the performance of the duties by the lead agencies
  435  established in s. 409.988. At a minimum, the contracts must do
  436  all of the following:
  437         (d) Provide for contractual actions tiered interventions
  438  and graduated penalties for failure to comply with contract
  439  terms or in the event of performance deficiencies, as determined
  440  appropriate by the department.
  441         1.	Such contractual actions must interventions and
  442  penalties shall include, but are not limited to:
  443         a.1. Enhanced monitoring and reporting.
  444         b.2. Corrective action plans.
  445         c.3. Requirements to accept technical assistance and
  446  consultation from the department under subsection (6).
  447         d.4. Financial penalties, which shall require a lead agency
  448  to directreallocate funds from administrative costs to the
  449  department. The department shall use collected funds to support
  450  and provide services to children and families in the geographic
  451  service area of the lead agency from which the funds were
  452  obtaineddirect care for children.
  453         e.5. Early termination of contracts, as provided in s.
  454  402.7305(3)(f) s. 402.1705(3)(f).
  455         2.	No later than January 1, 2025, the department shall
  456  ensure that each lead agency contract executed includes a list
  457  of financial penalties for failure to comply with contractual
  458  requirements.
  459         Section 9. The Department of Children and Families shall
  460  submit a report to the Governor, the President of the Senate,
  461  and the Speaker of the House of Representatives on rules and
  462  policies adopted and other actions taken to implement the
  463  requirements of this act. The first such report must be due
  464  September 30, 2024, and the second such report must be due
  465  February 1, 2025.
  466         Section 10. This act shall take effect July 1, 2024.
  467  ================= T I T L E  A M E N D M E N T ================
  468  And the title is amended as follows:
  469         Delete everything before the enacting clause
  470  and insert:
  471                        A bill to be entitled                      
  472         An act relating to community-based child welfare
  473         agencies; amending s. 409.016, F.S.; defining the term
  474         “management functions”; amending s. 409.987, F.S.;
  475         revising requirements for contracts the Department of
  476         Children and Families has with community-based care
  477         lead agencies; revising requirements for an entity to
  478         serve as a lead agency; providing duties for board
  479         members of lead agencies; requiring that lead agencies
  480         ensure that board members participate in certain
  481         annual training; requiring the posting of a fidelity
  482         bond; revising the definition of the term “conflict of
  483         interest”; defining the term “related party”;
  484         requiring the lead agency’s board of directors to
  485         disclose any known or potential conflicts of interest;
  486         prohibiting a lead agency from entering into a
  487         contract or being a party to any transaction with
  488         related parties if a conflict of interest is not
  489         properly disclosed; prohibiting a lead agency from
  490         entering into a contract or being a party to any
  491         transaction with related parties for officer or
  492         director level staffing to perform management
  493         functions; authorizing a lead agency to enter into
  494         certain contracts or be a party to certain
  495         transactions so long as any conflict of interest is
  496         properly disclosed; requiring contractual penalties on
  497         lead agencies for undisclosed conflicts of interest;
  498         providing applicability; requiring certain contracts
  499         to be reprocured; authorizing the department to recoup
  500         lead agency expenses for the execution of certain
  501         contracts; amending s. 409.988, F.S.; revising lead
  502         agency duties; repealing s. 409.991, F.S., relating to
  503         allocation of funds for community-based care lead
  504         agencies; creating s. 409.9913, F.S.; providing
  505         definitions; requiring the department, in
  506         collaboration with the lead agencies and providers of
  507         child welfare services, to develop a specific funding
  508         methodology for the allocation of core services that
  509         meets certain criteria; requiring the lead agencies
  510         and providers of child welfare services to submit to
  511         the department certain financial information;
  512         requiring the department to submit to the Governor and
  513         the Legislature certain reports by the established
  514         deadlines; subjecting the allocation of core services
  515         to the requirements of ch. 216, F.S.; authorizing the
  516         department to include certain rates and total
  517         allocations in certain reports; requiring the
  518         Legislature to allocate funding to the lead agencies
  519         with due consideration of the funding methodology,
  520         beginning with the 2025-2026 fiscal year; prohibiting
  521         the department from changing a lead agency’s
  522         allocation of funds provided in the General
  523         Appropriations Act without legislative approval;
  524         authorizing the department to approve certain risk
  525         pool funding for a lead agency; requiring the
  526         department to submit to the Governor and the
  527         Legislature certain reports by the established
  528         deadlines; amending s. 409.992, F.S.; revising
  529         requirements for lead agency practices in the
  530         procurement of commodities and contractual services;
  531         requiring the department to impose certain penalties
  532         for a lead agency’s noncompliance with applicable
  533         procurement law; requiring the contract between the
  534         department and the lead agency to specify the rights
  535         and obligations to real property held by the lead
  536         agency during the term of the contract; providing
  537         applicability of certain limitations on the salaries
  538         of community-based care lead agency administrative
  539         employees; amending s. 409.994, F.S.; revising the
  540         conditions under which the department may petition a
  541         court for the appointment of a receiver for a
  542         community-based care lead agency; amending s. 409.996,
  543         F.S.; revising requirements for contracts between the
  544         department and lead agencies; revising the actions the
  545         department may take under certain circumstances;
  546         making a technical change; providing duties of the
  547         department; providing reporting requirements;
  548         providing an effective date.