Florida Senate - 2024                                     SB 536
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-00994-24                                            2024536__
    1                        A bill to be entitled                      
    2         An act relating to community-based child welfare
    3         agencies; amending s. 409.987, F.S.; revising
    4         requirements for contracts the Department of Children
    5         and Families has with community-based care lead
    6         agencies; revising requirements for an entity to serve
    7         as a lead agency; revising the definition of the term
    8         “conflict of interest”; defining the term “related
    9         party”; requiring the lead agency's board of directors
   10         to disclose any known or potential conflicts of
   11         interest; prohibiting a lead agency from entering into
   12         a contract or being a party to a transaction that
   13         creates a conflict of interest; requiring a lead
   14         agency to submit to the department for approval any
   15         contract involving related parties; imposing civil
   16         penalties for lead agency contracts having undisclosed
   17         conflicts of interest; amending s. 409.988, F.S.;
   18         revising community-based care lead agency duties;
   19         making technical changes; amending s. 409.990, F.S.;
   20         requiring a lead agency to submit to the department a
   21         spending plan approved by its board of directors which
   22         satisfies certain requirements before funds may be
   23         released; specifying requirements for the spending
   24         plan; requiring the lead agency to submit a revised
   25         spending plan to the department if the lead agency’s
   26         actual expenditures project an end-of-year deficit;
   27         amending s. 409.991, F.S.; revising the definition of
   28         the term “core services funds”; deleting definitions;
   29         requiring that the allocation of core services funds
   30         be based on a three-tiered payment model; providing
   31         specifications for the payment model; requiring that
   32         reports be submitted annually to the Governor and the
   33         Legislature by a specified date; requiring that all
   34         funding for core services be based on the department’s
   35         methodology; amending s. 409.992, F.S.; revising
   36         requirements for lead agency practices in the
   37         procurement of commodities and contractual services;
   38         requiring the department to impose certain penalties
   39         for a lead agency’s noncompliance with applicable
   40         procurement law; requiring lead agencies to comply
   41         with established purchasing practices for the
   42         procurement of real property and professional
   43         services; revising certain limitations on the salaries
   44         of community-based care lead agency administrative
   45         employees and the amount of federal grant funds that
   46         may be used for executive salaries; amending s.
   47         409.994, F.S.; authorizing the department to petition
   48         a court for the appointment of a receiver if the
   49         secretary of the department determines that certain
   50         conditions endanger the dependent children under a
   51         lead agency’s care; providing that a written
   52         certification by the secretary of the department of
   53         the dangerous conditions satisfies certain evidentiary
   54         requirements; authorizing the department to petition
   55         the court for the appointment of a receiver if the
   56         lead agency is unlikely to meet its current financial
   57         obligations; amending s. 409.996, F.S.; revising
   58         requirements for contracts between the department and
   59         lead agencies; revising the actions the department may
   60         take under certain circumstances; amending s. 409.997,
   61         F.S.; deleting the requirement for an annual
   62         performance report; amending s. 409.988, F.S.;
   63         conforming a provision to changes made by the act;
   64         providing an effective date.
   65          
   66  Be It Enacted by the Legislature of the State of Florida:
   67  
   68         Section 1. Subsections (3) and (4) and paragraphs (a) and
   69  (b) of subsection (7) of section 409.987, Florida Statutes, are
   70  amended, and paragraphs (g) and (h) are added to subsection (7)
   71  of that section, to read:
   72         409.987 Lead agency procurement; boards; conflicts of
   73  interest.—
   74         (3) Notwithstanding s. 287.057, the department shall use 5
   75  year contracts with lead agencies. The 5-year contract must be
   76  reprocured at the end of each 5-year contract term. The contract
   77  may be extended at the discretion of the department for up to 1
   78  year, based on department needs.
   79         (4) In order to serve as a lead agency, an entity must:
   80         (a) Be organized as a Florida corporation or a governmental
   81  entity.
   82         (b) Be governed by a board of directors or a board
   83  committee composed of board members. Board members shall provide
   84  oversight and ensure accountability and transparency for the
   85  system of care. The board of directors shall provide fiduciary
   86  oversight to prevent conflicts of interest, promote
   87  accountability and transparency, and protect state and federal
   88  funding from misuse. The membership of the board of directors or
   89  board committee must be described in the bylaws or articles of
   90  incorporation of each lead agency, which must provide that at
   91  least 75 percent of the membership of the board of directors or
   92  board committee must be composed consist of persons residing in
   93  this state, and at least 51 percent of the state residents on
   94  the board of directors must reside within the service area of
   95  the lead agency. However, for procurements of lead agency
   96  contracts initiated on or after July 1, 2014:
   97         1. At least 75 percent of the membership of the board of
   98  directors must be composed consist of persons residing in this
   99  state, and at least 51 percent of the membership of the board of
  100  directors must be composed consist of persons residing within
  101  the service area of the lead agency. If a board committee
  102  governs the lead agency, 100 percent of its membership must be
  103  composed consist of persons residing within the service area of
  104  the lead agency.
  105         2. The powers of the board of directors or board committee
  106  include, but are not limited to, approving the lead agency’s
  107  budget and setting the lead agency’s operational policy and
  108  procedures. A board of directors must additionally have the
  109  power to hire the lead agency’s executive director, unless a
  110  board committee governs the lead agency, in which case the board
  111  committee must have the power to confirm the selection of the
  112  lead agency’s executive director.
  113         (c) Demonstrate financial responsibility through an
  114  organized plan for regular fiscal audits and the posting of a
  115  performance bond.
  116         (7)(a) As used in this subsection, the term:
  117         1. “Activity” includes, but is not limited to, a contract
  118  for goods and services, a contract for the purchase of any real
  119  or tangible property, or an agreement to engage with a lead
  120  agency for the benefit of a third party in exchange for an
  121  interest in real or tangible property, a monetary benefit, or an
  122  in-kind contribution.
  123         2. “Conflict of interest” means when an employee, a board
  124  member or an officer, or a relative of a board member or an
  125  officer, of a lead agency does any of the following:
  126         a. Enters into a contract or other transaction for goods or
  127  services with the lead agency.
  128         b. Holds a direct or indirect interest in a corporation,
  129  limited liability corporation, partnership, limited liability
  130  partnership, or other business entity that conducts business
  131  with the lead agency or proposes to enter into a contract or
  132  other transaction with the lead agency. For purposes of this
  133  paragraph, the term “indirect interest” has the same meaning as
  134  in s. 112.312.
  135         c. Knowingly obtains a direct or indirect personal,
  136  financial, professional, or other benefit as a result of the
  137  relationship of such employee, board member or officer, or
  138  relative of the board member or officer, with the lead agency.
  139  For purposes of this paragraph, the term “benefit” does not
  140  include per diem and travel expenses paid or reimbursed to board
  141  members or officers of the lead agency in connection with their
  142  service on the board.
  143         3.“Related party” means any entity of which a director or
  144  an executive of the entity is also directly or indirectly
  145  related to, or has a direct or indirect financial or other
  146  material interest in, the lead agency. The term also includes
  147  any subsidiary, parent entity, associate firm, or joint venture,
  148  or any entity that is controlled, influenced, or managed by
  149  another entity or an individual related to such entity,
  150  including an individual who is, or was within the immediately
  151  preceding 3 years, an executive officer or a board member of the
  152  entity.
  153         4.3. “Relative” means a relative within the third degree of
  154  consanguinity by blood or marriage.
  155         (b)1. The lead agency’s board of directors is responsible
  156  for all activity and contractual obligations of the lead agency
  157  and must disclose to the department any known or potential
  158  conflicts of interest. This duty to disclose is ongoing for the
  159  duration of each contract or relevant activity of the lead
  160  agency For any activity that is presented to the board of a lead
  161  agency for its initial consideration and approval after July 1,
  162  2021, or any activity that involves a contract that is being
  163  considered for renewal on or after July 1, 2021, but before
  164  January 1, 2022, a board member or an officer of a lead agency
  165  shall disclose to the board any activity that may reasonably be
  166  construed to be a conflict of interest before such activity is
  167  initially considered and approved or a contract is renewed by
  168  the board. A rebuttable presumption of a conflict of interest
  169  exists if the activity was acted on by the board without prior
  170  notice as required under paragraph (c).
  171         2. A lead agency may not enter into a contract or be a
  172  party to any transaction that creates a conflict of interest.
  173  The lead agency must submit to the department, for their review
  174  and approval, any proposed contract for allowable services
  175  involving related parties, prior to contract award and
  176  execution. For contracts with a lead agency which are in
  177  existence on July 1, 2021, and are not subject to renewal before
  178  January 1, 2022, a board member or an officer of the lead agency
  179  shall disclose to the board any activity that may reasonably be
  180  construed to be a conflict of interest under this section by
  181  December 31, 2021.
  182         (g)Civil penalties in the amount of $5,000 per occurrence
  183  shall be imposed for each known and potential conflict of
  184  interest which is not disclosed to the department.
  185         (h)A contract procured for which there was a conflict of
  186  interest that was not disclosed shall result in:
  187         1.A civil penalty in the amount of $50,000 for a first
  188  offense.
  189         2.A civil penalty in the amount of $100,000 for a second
  190  or subsequent offense.
  191         (i)Any contract procured in this manner must be
  192  reprocured.
  193         Section 2. Subsection (1) of section 409.988, Florida
  194  Statutes, is amended to read:
  195         409.988 Community-based care lead agency duties; general
  196  provisions.—
  197         (1) DUTIES.—A lead agency:
  198         (a)1. Shall serve:
  199         a. All children referred as a result of a report of abuse,
  200  neglect, or abandonment to the department’s central abuse
  201  hotline, including, but not limited to, children who are the
  202  subject of verified reports and children who are not the subject
  203  of verified reports but who are at moderate to extremely high
  204  risk of abuse, neglect, or abandonment, as determined using the
  205  department’s risk assessment instrument, regardless of the level
  206  of funding allocated to the lead agency by the state if all
  207  related funding is transferred.
  208         b. Children who were adopted from the child welfare system
  209  and whose families require postadoption supports.
  210         2. May also serve children who have not been the subject of
  211  reports of abuse, neglect, or abandonment, but who are at risk
  212  of abuse, neglect, or abandonment, to prevent their entry into
  213  the child protection and child welfare system.
  214         (b) Shall provide accurate and timely information necessary
  215  for oversight by the department pursuant to the child welfare
  216  results-oriented accountability system required by s. 409.997.
  217         (c) Shall follow the financial guidelines developed by the
  218  department and shall comply with regular, independent auditing
  219  of its financial activities, including any requests for records
  220  associated with such financial audits within the timeframe
  221  established by the department or its contracted vendors provide
  222  for a regular independent auditing of its financial activities.
  223  The results of the financial audit must Such financial
  224  information shall be provided to the community alliance
  225  established under s. 20.19(5).
  226         (d) Shall prepare all judicial reviews, case plans, and
  227  other reports necessary for court hearings for dependent
  228  children, except those related to the investigation of a
  229  referral from the department’s child abuse hotline, and shall
  230  submit these documents timely to the department’s attorneys for
  231  review, any necessary revision, and filing with the court. The
  232  lead agency shall make the necessary staff available to
  233  department attorneys for preparation for dependency proceedings,
  234  and shall provide testimony and other evidence required for
  235  dependency court proceedings in coordination with the
  236  department’s attorneys. This duty does not include the
  237  preparation of legal pleadings or other legal documents, which
  238  remain the responsibility of the department. Timely submission
  239  of documents by the lead agency to the department’s attorneys
  240  includes the following parameters:
  241         1.All documents prepared and kept by the lead agency must
  242  be made available at the request of the department’s attorneys
  243  within 1 business day.
  244         2.Before each court hearing, the department’s attorneys
  245  and the case manager must confer on any case to be heard in
  246  court. For dependency and termination of parental rights
  247  adjudicatory hearings, the department’s attorneys and the case
  248  manager must confer no fewer than 3 days before the hearing.
  249         3.For judicial review hearings, the department’s attorneys
  250  and the case manager must confer no fewer than 3 days before the
  251  hearing, provided that the attorneys receive from the case
  252  manager the judicial review social study report 10 business days
  253  before the hearing.
  254         (e) Shall ensure that all individuals providing care for
  255  dependent children receive:
  256         1. Appropriate training and meet the minimum employment
  257  standards established by the department. Appropriate training
  258  shall include, but is not limited to, training on the
  259  recognition of and responses to head trauma and brain injury in
  260  a child under 6 years of age developed by the Child Protection
  261  Team Program within the Department of Health.
  262         2. Contact information for the local mobile response team
  263  established under s. 394.495.
  264         (f) Shall maintain eligibility to receive all available
  265  federal child welfare funds.
  266         (g) Shall adhere to all best child welfare practices under
  267  ss. 39.4087, 39.523, 409.1415, and 409.145.
  268         (h) Shall maintain written agreements with Healthy Families
  269  Florida lead entities in its service area pursuant to s. 409.153
  270  to promote cooperative planning for the provision of prevention
  271  and intervention services.
  272         (i) Shall comply with federal and state statutory
  273  requirements and agency rules in the provision of contractual
  274  services. Any subcontract in excess of the simplified
  275  acquisition threshold specified in 2 C.F.R. part 200 must comply
  276  with the competitive procurement process in chapter 287.
  277         (j) May subcontract for the provision of services,
  278  excluding administrative and management functions, required by
  279  the contract with the lead agency and the department; however,
  280  the subcontracts must specify how the provider will contribute
  281  to the lead agency meeting the performance standards established
  282  pursuant to the child welfare results-oriented accountability
  283  system required by s. 409.997. The lead agency shall directly
  284  provide no more than 35 percent of all child welfare services
  285  provided unless it can demonstrate a need, within the lead
  286  agency’s geographic service area, to exceed this threshold. The
  287  local community alliance in the geographic service area in which
  288  the lead agency is seeking to exceed the threshold shall review
  289  the lead agency’s justification for need and recommend to the
  290  department whether the department should approve or deny the
  291  lead agency’s request for an exemption from the services
  292  threshold. If there is not a community alliance operating in the
  293  geographic service area in which the lead agency is seeking to
  294  exceed the threshold, such review and recommendation shall be
  295  made by representatives of local stakeholders, including at
  296  least one representative from each of the following:
  297         1. The department.
  298         2. The county government.
  299         3. The school district.
  300         4. The county United Way.
  301         5. The county sheriff’s office.
  302         6. The circuit court corresponding to the county.
  303         7. The county children’s board, if one exists.
  304         (k) Shall publish on its website by the 15th day of each
  305  month at a minimum the data specified in subparagraphs 1.-9. 1.
  306  5., calculated using a standard methodology determined by the
  307  department, for the preceding calendar month regarding its case
  308  management services. The following information must shall be
  309  reported by each individual subcontracted case management
  310  provider, by the lead agency, if the lead agency provides case
  311  management services, and in total for all case management
  312  services subcontracted or directly provided by the lead agency:
  313         1. The average caseload of case managers, including only
  314  filled positions;
  315         2. The total number and percentage of case managers who
  316  have 25 or more cases on their caseloads;
  317         3. The turnover rate for case managers and case management
  318  supervisors for the previous 12 months;
  319         4. The percentage of required home visits completed; and
  320         5. Performance on outcome measures required pursuant to s.
  321  409.997 for the previous 12 months;.
  322         6.The number of unlicensed placements for the previous
  323  month;
  324         7.The percentages and trends for foster parent and group
  325  home recruitment and licensure for the previous month;
  326         8.The percentage of families being served through family
  327  support, in-home, and out-of-home services for the previous
  328  month; and
  329         9.The percentage of cases that converted from nonjudicial
  330  to judicial for the previous month.
  331         (l) Shall identify an employee to serve as a liaison with
  332  the community alliance and community-based and faith-based
  333  organizations interested in collaborating with the lead agency
  334  or offering services or other assistance on a volunteer basis to
  335  the children and families served by the lead agency. The lead
  336  agency shall ensure that appropriate lead agency staff and
  337  subcontractors, including, but not limited to, case managers,
  338  are informed of the specific services or assistance available
  339  from community-based and faith-based organizations.
  340         (m) Shall include the statement “...(community-based care
  341  lead agency name)... is a community-based care lead agency
  342  contracted with the Department of Children and Families” on its
  343  website and, at a minimum, in its promotional literature, lead
  344  agency-created documents and forms provided to families served
  345  by the lead agency, business cards, and stationery letterhead.
  346         (n) Shall ensure that it is addressing the unique needs of
  347  the fathers of children who are served by the lead agency.
  348         1. The lead agency shall:
  349         a. Conduct an initial assessment of its engagement with
  350  such fathers and provision of and referral to father-oriented
  351  services.
  352         b. Create an action plan to address any gaps identified
  353  through the assessment and implement the action plan.
  354         c. Employ a father-engagement specialist to, at a minimum,
  355  build relationships with fathers, help identify their needs,
  356  assist them in accessing services, and communicate with the lead
  357  agency about the challenges faced by these fathers and how to
  358  appropriately meet their unique needs. The lead agency shall
  359  prioritize individuals who have faced experiences similar to the
  360  fathers who are being served by the lead agency for selection as
  361  a father-engagement specialist.
  362         2. The department shall annually review how the lead agency
  363  is meeting the needs of fathers, including, at a minimum, how
  364  the lead agency is helping fathers establish positive, stable
  365  relationships with their children and assisting fathers in
  366  receiving needed services. The lead agency shall provide any
  367  relevant information on how it is meeting the needs of these
  368  fathers to the department, which must be included in the report
  369  required under s. 409.997.
  370         Section 3. Present subsections (2) through (8) of section
  371  409.990, Florida Statutes, are redesignated as subsections (3)
  372  through (9), respectively, and a new subsection (2) is added to
  373  that section, to read:
  374         409.990 Funding for lead agencies.—A contract established
  375  between the department and a lead agency must be funded by a
  376  grant of general revenue, other applicable state funds, or
  377  applicable federal funding sources.
  378         (2) Before the release of funds, each lead agency shall
  379  submit a detailed spending plan, approved by its board of
  380  directors, to the department for all projected expenditures for
  381  the fiscal year. The spending plan must demonstrate that core
  382  expenditures will not exceed the appropriated amount of core
  383  services funds and that the plan reserves a certain amount of
  384  funding for unanticipated expenses. Each lead agency must
  385  receive its statutory 2-month advance; however, the department
  386  may not release additional funds until it has reviewed and
  387  approved the lead agency’s spending plan. At any point during
  388  the year, if a lead agency’s actual expenditures project an end
  389  of-year deficit, the lead agency must submit a revised spending
  390  plan to the department. The revised spending plan must reflect
  391  actions the lead agency will take to remain within appropriated
  392  core services fund amounts for the remainder of the fiscal year.
  393         Section 4. Section 409.991, Florida Statutes, is amended to
  394  read:
  395         409.991 Allocation of funds for community-based care lead
  396  agencies.—
  397         (1) As used in this section, the term:
  398         (a) “core services funds” means all funds allocated to
  399  community-based care lead agencies operating under contract with
  400  the department pursuant to s. 409.987. The term does not include
  401  any of, with the following exceptions:
  402         (a)1. Funds appropriated for independent living services.;
  403         (b)2. Funds appropriated for maintenance adoption
  404  subsidies.;
  405         (c)3. Funds allocated by the department for child
  406  protective investigation service investigations training.;
  407         (d)4. Nonrecurring funds.;
  408         (e)5. Designated mental health wrap-around service services
  409  funds.;
  410         (f)6. Funds for special projects for a designated
  411  community-based care lead agency.; and
  412         (g)7. Funds appropriated for the Guardianship Assistance
  413  Program established under s. 39.6225.
  414         (b) “Equity allocation model” means an allocation model
  415  that uses the following factors:
  416         1. Proportion of the child population;
  417         2. Proportion of child abuse hotline workload; and
  418         3. Proportion of children in care.
  419         (c) “Proportion of child population” means the proportion
  420  of children up to 18 years of age during the previous calendar
  421  year in the geographic area served by the community-based care
  422  lead agency.
  423         (d) “Proportion of child abuse hotline workload” means the
  424  weighted average of the following subcomponents:
  425         1. The average number of initial and additional child abuse
  426  reports received during the month for the most recent 12 months
  427  based on child protective investigations trend reports as
  428  determined by the department. This subcomponent shall be
  429  weighted as 20 percent of the factor.
  430         2. The average count of children in investigations in the
  431  most recent 12 months based on child protective investigations
  432  trend reports as determined by the department. This subcomponent
  433  shall be weighted as 40 percent of the factor.
  434         3. The average count of children in investigations with a
  435  most serious finding of verified abuse in the most recent 12
  436  months based on child protective investigations trend reports as
  437  determined by the department. This subcomponent shall be
  438  weighted as 40 percent of the factor.
  439         (e) “Proportion of children in care” means the proportion
  440  of the number of children in care receiving in-home services
  441  over the most recent 12-month period, the number of children
  442  whose families are receiving family support services over the
  443  most recent 12-month period, and the number of children who have
  444  entered into out-of-home care with a case management overlay
  445  during the most recent 24-month period. This subcomponent shall
  446  be weighted as follows:
  447         1. Fifteen percent shall be based on children whose
  448  families are receiving family support services.
  449         2. Fifty-five percent shall be based on children in out-of
  450  home care.
  451         3. Thirty percent shall be based on children in in-home
  452  care.
  453         (2)Allocation of core services funds must be based on an
  454  actuarially sound, tiered payment model. The tiered model’s
  455  purpose is to achieve the overarching goals of a stable payment
  456  model that adjusts to workload and incentivizes prevention,
  457  family preservation, and permanency.
  458         (a)Tier 1 provides operational base costs, including
  459  administrative and other expenses that do not vary based on the
  460  number of children and families served. Tier 1 payments may vary
  461  by geographic catchment area and cost of living differences. The
  462  department shall establish and annually update Tier 1 payment
  463  rates to maintain cost expectations that are aligned with the
  464  population served, services provided, and environment.
  465         (b)Tier 2 is a per-child, per-month payment designed to
  466  provide funding for lead agencies’ expenses that vary based on
  467  the number of children served for a particular month. The
  468  payment rate blends out-of-home rates and in-home rates specific
  469  to each lead agency to create a rate that provides a financial
  470  incentive to lead agencies to provide services in the least
  471  restrictive safe placement. The department shall establish and
  472  annually update Tier 2 payment rates to maintain cost
  473  expectations that are aligned with the population served,
  474  services provided, and environment. Tier 2 rates must be set
  475  annually.
  476         (c)Tier 3 provides financial incentives that the
  477  department shall establish to reward lead agencies that achieve
  478  performance measures aligned with the department’s goals of
  479  prevention, family preservation, and permanency.
  480         (2) The equity allocation of core services funds shall be
  481  calculated based on the following weights:
  482         (a) Proportion of the child population shall be weighted as
  483  5 percent of the total.
  484         (b) Proportion of child abuse hotline workload shall be
  485  weighted as 35 percent of the total.
  486         (c) Proportion of children in care shall be weighted as 60
  487  percent of the total.
  488         (3) By December 1 of each year, the department shall submit
  489  a report to the Governor, the President of the Senate, and the
  490  Speaker of the House of Representatives which includes each lead
  491  agency’s actual performance in attaining the previous fiscal
  492  year’s targets, recommendations for adjustments to lead agency
  493  funding, and adjustments to the tiered payment model, if
  494  necessary Beginning in the 2015-2016 state fiscal year, 100
  495  percent of the recurring core services funding for each
  496  community-based care lead agency shall be based on the prior
  497  year recurring base of core services funds.
  498         (4) Unless otherwise specified in the General
  499  Appropriations Act, the department shall allocate all funding
  500  for core services, based on the department’s methodology any new
  501  core services funds shall be allocated based on the equity
  502  allocation model as follows:
  503         (a) Seventy percent of new funding shall be allocated among
  504  all community-based care lead agencies.
  505         (b) Thirty percent of new funding shall be allocated among
  506  community-based care lead agencies that are funded below their
  507  equitable share. Funds allocated pursuant to this paragraph
  508  shall be weighted based on each community-based care lead
  509  agency’s relative proportion of the total amount of funding
  510  below the equitable share.
  511         Section 5. Subsections (1) and (3) of section 409.992,
  512  Florida Statutes, are amended to read:
  513         409.992 Lead agency expenditures.—
  514         (1) The procurement of commodities or contractual services
  515  by lead agencies is shall be governed by the financial
  516  guidelines developed by the department and must comply with
  517  applicable state and federal law and follow good business
  518  practices. Pursuant to s. 11.45, the Auditor General may provide
  519  technical advice in the development of the financial guidelines.
  520         (a)Lead agencies shall competitively procure all
  521  contracts, consistent with the simplified acquisition threshold
  522  as specified in 2 C.F.R. part 200. Financial penalties or
  523  sanctions, as established by the department and incorporated
  524  into the contract, shall be imposed by the department for
  525  noncompliance with applicable local, state, or federal law for
  526  the procurement of commodities or contractual services.
  527         (b)Notwithstanding s. 402.73, for procurement of real
  528  property or professional services, lead agencies shall comply
  529  with established purchasing practices, including the provisions
  530  of s. 287.055, as required, for professional services, including
  531  engineering or construction design. Upon termination of the lead
  532  agency’s contract, the department shall immediately retain all
  533  rights to and ownership of real property procured.
  534         (3) Notwithstanding any other provision of law, a
  535  community-based care lead agency administrative employee may not
  536  receive a salary, whether base pay or base pay combined with any
  537  bonus or incentive payments, in excess of 150 percent of the
  538  annual salary paid to the secretary of the Department of
  539  Children and Families from state-appropriated funds, including
  540  state-appropriated federal funds. This limitation applies
  541  regardless of the number of contracts a community-based care
  542  lead agency may execute with the department. Additionally, the
  543  amount of federal grant funds that may be used for an executive
  544  salary may not exceed the Executive Level II salary level, as
  545  directed by the federal Health Resources and Services
  546  Administration. This subsection does not prohibit any party from
  547  providing cash that is not from appropriated state funds to a
  548  community-based care lead agency administrative employee.
  549         Section 6. Paragraphs (c) and (d) of subsection (1) of
  550  section 409.994, Florida Statutes, are amended to read:
  551         409.994 Community-based care lead agencies; receivership.—
  552         (1) The Department of Children and Families may petition a
  553  court of competent jurisdiction for the appointment of a
  554  receiver for a community-based care lead agency established
  555  pursuant to s. 409.987 if any of the following conditions exist:
  556         (c) The secretary of the department determines that
  557  conditions exist in the lead agency which present a an imminent
  558  danger to the health, safety, or welfare of the dependent
  559  children under that agency’s care or supervision. A written
  560  certification of such conditions by the secretary of the
  561  department constitutes prima facie evidence that this
  562  requirement is satisfied. Whenever possible, the department
  563  shall make a reasonable effort to facilitate the continued
  564  operation of the program.
  565         (d) The lead agency cannot meet, or is unlikely to meet,
  566  its current financial obligations to its employees, contractors,
  567  or foster parents. Issuance of bad checks or the existence of
  568  delinquent obligations for payment of salaries, utilities, or
  569  invoices for essential services or commodities constitutes shall
  570  constitute prima facie evidence that the lead agency lacks the
  571  financial ability to meet its financial obligations.
  572         Section 7. Paragraph (d) of subsection (1) of section
  573  409.996, Florida Statutes, is amended to read:
  574         409.996 Duties of the Department of Children and Families.
  575  The department shall contract for the delivery, administration,
  576  or management of care for children in the child protection and
  577  child welfare system. In doing so, the department retains
  578  responsibility for the quality of contracted services and
  579  programs and shall ensure that, at a minimum, services are
  580  delivered in accordance with applicable federal and state
  581  statutes and regulations and the performance standards and
  582  metrics specified in the strategic plan created under s.
  583  20.19(1).
  584         (1) The department shall enter into contracts with lead
  585  agencies for the performance of the duties by the lead agencies
  586  established in s. 409.988. At a minimum, the contracts must do
  587  all of the following:
  588         (d) Provide for contractual actions tiered interventions
  589  and graduated penalties for failure to comply with contract
  590  terms or in the event of performance deficiencies, as determined
  591  appropriate by the department. Such interventions and penalties
  592  must shall include, but are not limited to:
  593         1. Enhanced monitoring and reporting.
  594         2. Corrective action plans.
  595         2.3. Requirements to accept technical assistance and
  596  consultation from the department under subsection (6).
  597         3.4. Financial penalties, which shall require a lead agency
  598  to direct reallocate funds from administrative costs to the
  599  department. The department shall use the funds collected to
  600  support service delivery of quality improvement activities for
  601  children in the lead agency’s care to direct care for children.
  602  These penalties may be imposed for failure to provide timely,
  603  sufficient resolution of deficiencies resulting in a corrective
  604  action plan or other performance improvement plan issued by the
  605  department. Financial penalties may include liquidated damages.
  606         4.The department shall include in each lead agency
  607  contract executed a provision that requires payment to the
  608  department of sanctions or disincentives for failure to comply
  609  with contractual obligations. The department shall establish a
  610  schedule of daily monetary sanctions or disincentives for lead
  611  agencies, which schedule shall be incorporated by reference into
  612  the contract. Contracts must, at a minimum, include sanctions or
  613  disincentives for failure to comply with the following:
  614         (I)A corrective action plan;
  615         (II)A child placement agreement that includes all required
  616  safety and care precautions and behavior management plans needed
  617  to keep the children and others safe;
  618         (III)State and federal law requirements for the
  619  procurement of commodities or contractual services;
  620         (IV)State and federal law requirements for related parties
  621  which address conflicts of interest;
  622         (V)Disclosure or reporting of any conflict of interest to
  623  the department;
  624         (VI)Provision of timely data and information as requested
  625  by the department or its contracted vendors; and
  626         (VII)Maintenance of an adequate network of placement
  627  arrangements based on the needs of the children in the lead
  628  agency’s care, including placement locations that are licensed
  629  or that provide an authorized setting or stable nightly
  630  placements.
  631  
  632  The department is solely responsible for determining the
  633  monetary value of liquidated damages.
  634         5. Early termination of contracts, as provided in s.
  635  402.1705(3)(f).
  636         Section 8. Paragraph (g) of subsection (2) of section
  637  409.997, Florida Statutes, is amended to read:
  638         409.997 Child welfare results-oriented accountability
  639  program.—
  640         (2) The purpose of the results-oriented accountability
  641  program is to monitor and measure the use of resources, the
  642  quality and amount of services provided, and child and family
  643  outcomes. The program includes data analysis, research review,
  644  and evaluation. The program shall produce an assessment of
  645  individual entities’ performance, as well as the performance of
  646  groups of entities working together on a local, judicial
  647  circuit, regional, and statewide basis to provide an integrated
  648  system of care. Data analyzed and communicated through the
  649  accountability program shall inform the department’s development
  650  and maintenance of an inclusive, interactive, and evidence
  651  supported program of quality improvement which promotes
  652  individual skill building as well as organizational learning.
  653  The department may use data generated by the program regarding
  654  performance drivers, process improvements, short-term and long
  655  term outcomes, and quality improvement efforts to determine
  656  contract compliance and as the basis for payment of performance
  657  incentives if funds for such payments are made available through
  658  the General Appropriations Act. The information compiled and
  659  utilized in the accountability program must incorporate, at a
  660  minimum:
  661         (g) An annual performance report that is provided to
  662  interested parties including the dependency judge or judges in
  663  the community-based care service area. The report shall be
  664  submitted to the Governor, the President of the Senate, and the
  665  Speaker of the House of Representatives by November 15 of each
  666  year.
  667         Section 9. Paragraph (n) of subsection (1) of section
  668  409.988, Florida Statutes, is amended to read:
  669         409.988 Community-based care lead agency duties; general
  670  provisions.—
  671         (1) DUTIES.—A lead agency:
  672         (n) Shall ensure that it is addressing the unique needs of
  673  the fathers of children who are served by the lead agency.
  674         1. The lead agency shall:
  675         a. Conduct an initial assessment of its engagement with
  676  such fathers and provision of and referral to father-oriented
  677  services.
  678         b. Create an action plan to address any gaps identified
  679  through the assessment and implement the action plan.
  680         c. Employ a father-engagement specialist to, at a minimum,
  681  build relationships with fathers, help identify their needs,
  682  assist them in accessing services, and communicate with the lead
  683  agency about the challenges faced by these fathers and how to
  684  appropriately meet their unique needs. The lead agency shall
  685  prioritize individuals who have faced experiences similar to the
  686  fathers who are being served by the lead agency for selection as
  687  a father-engagement specialist.
  688         2. The department shall annually review how the lead agency
  689  is meeting the needs of fathers, including, at a minimum, how
  690  the lead agency is helping fathers establish positive, stable
  691  relationships with their children and assisting fathers in
  692  receiving needed services. The lead agency shall provide any
  693  relevant information on how it is meeting the needs of these
  694  fathers to the department, which must be included in the report
  695  required under s. 409.997.
  696         Section 10. This act shall take effect July 1, 2024.