Florida Senate - 2024                CS for CS for CS for SB 536
       
       
        
       By the Committee on Fiscal Policy; the Appropriations Committee
       on Health and Human Services; the Committee on Children,
       Families, and Elder Affairs; and Senator Garcia
       
       
       
       594-03821-24                                           2024536c3
    1                        A bill to be entitled                      
    2         An act relating to community-based child welfare
    3         agencies; amending s. 409.016, F.S.; defining the term
    4         “management functions”; amending s. 409.987, F.S.;
    5         revising requirements for contracts the Department of
    6         Children and Families has with community-based care
    7         lead agencies; providing duties for board members of
    8         lead agencies; requiring that lead agencies ensure
    9         that board members participate in certain annual
   10         training; requiring the posting of a fidelity bond;
   11         revising the definition of the term “conflict of
   12         interest”; defining the term “related party”;
   13         requiring the lead agency’s board of directors to
   14         disclose to the department any known actual or
   15         potential conflicts of interest; prohibiting a lead
   16         agency from entering into a contract or being a party
   17         to any transaction with related parties if a conflict
   18         of interest is not properly disclosed; prohibiting a
   19         lead agency from entering into a contract or being a
   20         party to any transaction with related parties for
   21         officer-level or director-level staffing to perform
   22         management functions; requiring the contract with the
   23         department and the lead agency to specify the
   24         administrative functions and services that the lead
   25         agency may subcontract; authorizing a lead agency to
   26         enter into certain contracts or be a party to certain
   27         transactions, provided that a certain requirement for
   28         fees, rates, and prices paid is met and any conflict
   29         of interest is properly disclosed; requiring
   30         department contracts to impose contractual penalties
   31         on lead agencies for undisclosed conflicts of
   32         interest; providing applicability; requiring certain
   33         contracts to be reprocured; authorizing the department
   34         to recoup lead agency expenses for the execution of
   35         certain contracts; amending s. 409.988, F.S.; revising
   36         lead agency duties; repealing s. 409.991, F.S.,
   37         relating to allocation of funds for community-based
   38         care lead agencies; creating s. 409.9913, F.S.;
   39         defining the terms “core services funding” and
   40         “operational and fixed costs”; requiring the
   41         department, in collaboration with the lead agencies
   42         and providers of child welfare services, to develop a
   43         specific funding methodology for the allocation of
   44         core services which must meet certain criteria;
   45         requiring the lead agencies and providers of child
   46         welfare services to submit to the department certain
   47         financial information; requiring the department to
   48         submit to the Governor and the Legislature certain
   49         reports by specified dates; providing construction;
   50         authorizing the department to include certain rates
   51         and total allocations in certain reports; requiring
   52         the Legislature to allocate funding to the lead
   53         agencies with due consideration of the specified
   54         funding methodology, beginning with a specified fiscal
   55         year; prohibiting the department from changing a lead
   56         agency’s allocation of funds provided in the General
   57         Appropriations Act without legislative approval;
   58         authorizing the department to approve certain risk
   59         pool funding for a lead agency; requiring the
   60         department to submit to the Governor and the
   61         Legislature certain monthly reports for a specified
   62         period of time; amending s. 409.992, F.S.; revising
   63         requirements for lead agency practices in the
   64         procurement of commodities and contractual services;
   65         requiring the department to impose certain penalties
   66         for a lead agency’s noncompliance with applicable
   67         procurement law; requiring the contract between the
   68         department and the lead agency to specify the rights
   69         and obligations with regard to real property held by
   70         the lead agency during the term of the contract;
   71         providing applicability of certain limitations on the
   72         salaries of community-based care lead agency
   73         administrative employees; amending s. 409.994, F.S.;
   74         revising the conditions under which the department may
   75         petition a court for the appointment of a receiver for
   76         a community-based care lead agency; amending s.
   77         409.996, F.S.; revising requirements for contracts
   78         between the department and lead agencies; revising the
   79         actions the department may take under certain
   80         circumstances; making a technical change; providing
   81         duties of the department; requiring the department, by
   82         specified dates, to submit certain reports to the
   83         Governor and the Legislature; providing an effective
   84         date.
   85          
   86  Be It Enacted by the Legislature of the State of Florida:
   87  
   88         Section 1. Present subsections (3) and (4) of section
   89  409.016, Florida Statutes, are redesignated as subsections (4)
   90  and (5), respectively, and a new subsection (3) is added to that
   91  section, to read:
   92         409.016 Definitions.—As used in this chapter:
   93         (3)“Management functions” means:
   94         (a)Planning, directing, organizing, coordinating, and
   95  carrying out oversight duties of the lead agency;
   96         (b)Contracting for officer or director level staffing in
   97  performance of the planning, directing, organizing,
   98  coordinating, and carrying out oversight duties of the lead
   99  agency.
  100         Section 2. Subsections (3) and (4) and paragraphs (a) and
  101  (b) of subsection (7) of section 409.987, Florida Statutes, are
  102  amended, and paragraph (g) is added to subsection (7) of that
  103  section, to read:
  104         409.987 Lead agency procurement; boards; conflicts of
  105  interest.—
  106         (3) Notwithstanding s. 287.057, the department shall use 5
  107  year contracts with lead agencies. The department may only
  108  extend a contract for a period of 1 to 5 years, in accordance
  109  with s. 287.057, if the lead agency has met performance
  110  expectations within the monitoring evaluation.
  111         (4) In order to serve as a lead agency, an entity must:
  112         (a) Be organized as a Florida corporation or a governmental
  113  entity.
  114         (b) Be governed by a board of directors or a board
  115  committee composed of board members. Board members shall provide
  116  oversight and ensure accountability and transparency for the
  117  system of care. The board of directors shall provide fiduciary
  118  oversight to prevent conflicts of interest, promote
  119  accountability and transparency, and protect state and federal
  120  funding from misuse. The board of directors shall act in
  121  accordance with s. 617.0830. The membership of the board of
  122  directors or board committee must be described in the bylaws or
  123  articles of incorporation of each lead agency, which must
  124  provide that at least 75 percent of the membership of the board
  125  of directors or board committee must be composed consist of
  126  persons residing in this state, and at least 51 percent of the
  127  state residents on the board of directors must reside within the
  128  service area of the lead agency. The lead agency shall ensure
  129  that board members participate in annual training related to
  130  their responsibilities. The department shall set forth minimum
  131  training criteria in the contracts with the lead agencies.
  132  However, for procurements of lead agency contracts initiated on
  133  or after July 1, 2014:
  134         1. At least 75 percent of the membership of the board of
  135  directors must be composed consist of persons residing in this
  136  state, and at least 51 percent of the membership of the board of
  137  directors must be composed consist of persons residing within
  138  the service area of the lead agency. If a board committee
  139  governs the lead agency, 100 percent of its membership must be
  140  composed consist of persons residing within the service area of
  141  the lead agency.
  142         2. The powers of the board of directors or board committee
  143  include, but are not limited to, approving the lead agency’s
  144  budget and setting the lead agency’s operational policy and
  145  procedures. A board of directors must additionally have the
  146  power to hire the lead agency’s executive director, unless a
  147  board committee governs the lead agency, in which case the board
  148  committee must have the power to confirm the selection of the
  149  lead agency’s executive director.
  150         (c) Demonstrate financial responsibility through an
  151  organized plan for regular fiscal audits; and the posting of a
  152  performance bond; and the posting of a fidelity bond to cover
  153  any costs associated with reprocurement and the assessed
  154  penalties related to a failure to disclose a conflict of
  155  interest under subsection (7).
  156         (7)(a) As used in this subsection, the term:
  157         1. “Activity” includes, but is not limited to, a contract
  158  for goods and services, a contract for the purchase of any real
  159  or tangible property, or an agreement to engage with a lead
  160  agency for the benefit of a third party in exchange for an
  161  interest in real or tangible property, a monetary benefit, or an
  162  in-kind contribution.
  163         2. “Conflict of interest” means when a board member,
  164  director, or an officer, or a relative of a board member,
  165  director, or an officer, of a lead agency does any of the
  166  following:
  167         a. Enters into a contract or other transaction for goods or
  168  services with the lead agency.
  169         b. Holds a direct or indirect interest in a corporation,
  170  limited liability corporation, partnership, limited liability
  171  partnership, or other business entity that conducts business
  172  with the lead agency or proposes to enter into a contract or
  173  other transaction with the lead agency. For purposes of this
  174  paragraph, the term “indirect interest” has the same meaning as
  175  in s. 112.312.
  176         c. Knowingly obtains a direct or indirect personal,
  177  financial, professional, or other benefit as a result of the
  178  relationship of such board member, director, or officer, or
  179  relative of the board member, director, or officer, with the
  180  lead agency. For purposes of this paragraph, the term “benefit”
  181  does not include per diem and travel expenses paid or reimbursed
  182  to board members or officers of the lead agency in connection
  183  with their service on the board.
  184         3.“Related party” means any entity of which a director or
  185  an officer of the entity is also directly or indirectly related
  186  to, or has a direct or indirect financial or other material
  187  interest in, the lead agency. The term also includes any
  188  subsidiary firm, parent entity, associate firm, or joint
  189  venture.
  190         4.3. “Relative” means a relative within the third degree of
  191  consanguinity by blood or marriage.
  192         (b)1. For any activity that is presented to the board of a
  193  lead agency for its initial consideration and approval after
  194  July 1, 2021, or any activity that involves a contract that is
  195  being considered for renewal on or after July 1, 2021, but
  196  before January 1, 2022, a board member, a director, or an
  197  officer of a lead agency shall disclose to the board any
  198  activity that may reasonably be construed to be a conflict of
  199  interest before such activity is initially considered and
  200  approved or a contract is renewed by the board. A rebuttable
  201  presumption of a conflict of interest exists if the activity was
  202  acted on by the board without prior notice as required under
  203  paragraph (c). The board shall disclose any known actual or
  204  potential conflicts to the department.
  205         2. A lead agency may not enter into a contract or be a
  206  party to any transaction with related parties if a conflict of
  207  interest is not properly disclosed. A lead agency may not enter
  208  into a contract with a related party for officer-level or
  209  director-level staffing to perform management functions. The
  210  contract with the department and lead agency must specify the
  211  administrative functions and services that the lead agency may
  212  subcontract For contracts with a lead agency which are in
  213  existence on July 1, 2021, and are not subject to renewal before
  214  January 1, 2022, a board member or an officer of the lead agency
  215  shall disclose to the board any activity that may reasonably be
  216  construed to be a conflict of interest under this section by
  217  December 31, 2021.
  218         3.Subject to the requirements of subparagraph 2., a lead
  219  agency may enter into a contract or be a party to any
  220  transaction with related parties as long as the fee, rate, or
  221  price paid by the lead agency for the commodities or services
  222  being procured does not exceed the fair market value for such
  223  commodities or services. The lead agency shall disclose any
  224  known actual or potential conflicts to the department.
  225         (g)1.All department contracts with lead agencies must
  226  contain the following contractual penalty provisions:
  227         a.Penalties in the amount of $5,000 per occurrence must be
  228  imposed for each known and potential conflict of interest, as
  229  described in paragraph (b), which is not disclosed to the
  230  department.
  231         b.If a contract is executed for which a conflict of
  232  interest was not disclosed to the department before execution of
  233  the contract, the following penalties apply:
  234         (I)A penalty in the amount of $25,000 for a first offense.
  235         (II)A penalty in the amount of $50,000 for a second or
  236  subsequent offense.
  237         (III)Removal of the board member who did not disclose a
  238  known conflict of interest.
  239         2.The penalties for failure to disclose a conflict of
  240  interest under sub-subparagraphs a. and b. apply to any contract
  241  entered into, regardless of the method of procurement,
  242  including, but not limited to, formal procurement, single-source
  243  contracts, and contracts that do not meet the minimum threshold
  244  for formal procurement.
  245         3.A contract procured for which a conflict of interest was
  246  not disclosed to the department before execution of the contract
  247  must be reprocured. The department shall recoup from the lead
  248  agency expenses related to a contract that was executed without
  249  disclosure of a conflict of interest.
  250         Section 3. Paragraphs (c), (j), and (k) of subsection (1)
  251  of section 409.988, Florida Statutes, are amended to read:
  252         409.988 Community-based care lead agency duties; general
  253  provisions.—
  254         (1) DUTIES.—A lead agency:
  255         (c) Shall follow the financial guidelines developed by the
  256  department and shall comply with regular, independent auditing
  257  of its financial activities, including any requests for records
  258  associated with such financial audits within the timeframe
  259  established by the department or its contracted vendors provide
  260  for a regular independent auditing of its financial activities.
  261  The results of the financial audit must Such financial
  262  information shall be provided to the community alliance
  263  established under s. 20.19(5).
  264         (j)1. May subcontract for the provision of services,
  265  excluding subcontracts with a related party for officer-level or
  266  director-level staffing to perform management functions,
  267  required by the contract with the lead agency and the
  268  department; however, the subcontracts must specify how the
  269  provider will contribute to the lead agency meeting the
  270  performance standards established pursuant to the child welfare
  271  results-oriented accountability system required by s. 409.997.
  272  Any contract with an unrelated entity for officer-level or
  273  director-level staffing to perform management functions must
  274  adhere to the executive compensation provision in s. 409.922(3).
  275         2. The lead agency shall directly provide no more than 35
  276  percent of all child welfare services provided unless it can
  277  demonstrate a need, within the lead agency’s geographic service
  278  area, where there is a lack of qualified providers available to
  279  perform necessary child welfare services. The approval period to
  280  exceed the threshold is limited to 2 years to exceed this
  281  threshold. After the 2-year period, the lead agency may submit
  282  annual 1-year extension requests with a detailed report of all
  283  efforts to recruit a qualified provider to perform the necessary
  284  services in that geographic service area. If the department
  285  determines the lead agency is not making a good faith effort to
  286  recruit a qualified provider, it must deny the extension request
  287  and require reprocurement. The local community alliance in the
  288  geographic service area in which the lead agency is seeking to
  289  exceed the threshold shall review the lead agency’s
  290  justification for need and recommend to the department whether
  291  the department should approve or deny the lead agency’s request
  292  for an exemption from the services threshold. If there is not a
  293  community alliance operating in the geographic service area in
  294  which the lead agency is seeking to exceed the threshold, such
  295  review and recommendation shall be made by representatives of
  296  local stakeholders, including at least one representative from
  297  each of the following:
  298         1. The department.
  299         2. The county government.
  300         3. The school district.
  301         4. The county United Way.
  302         5. The county sheriff’s office.
  303         6. The circuit court corresponding to the county.
  304         7. The county children’s board, if one exists.
  305         (k) Shall publish on its website by the 15th day of each
  306  month at a minimum the data specified in subparagraphs 1.-10.
  307  subparagraphs 1.-5., calculated using a standard methodology
  308  determined by the department, for the preceding calendar month
  309  regarding its case management services. The following
  310  information shall be reported by each individual subcontracted
  311  case management provider, by the lead agency, if the lead agency
  312  provides case management services, and in total for all case
  313  management services subcontracted or directly provided by the
  314  lead agency:
  315         1. The average caseload of case managers, including only
  316  filled positions;
  317         2. The total number and percentage of case managers who
  318  have 25 or more cases on their caseloads;
  319         3. The turnover rate for case managers and case management
  320  supervisors for the previous 12 months;
  321         4. The percentage of required home visits completed; and
  322         5. Performance on outcome measures required pursuant to s.
  323  409.997 for the previous 12 months.
  324         6.The number of unlicensed placements for the previous
  325  month;
  326         7.The percentages and trends for foster parent and group
  327  home recruitment and licensure for the previous month;
  328         8.The percentage of families being served through family
  329  support services, in-home services, and out-of-home services for
  330  the previous month; and
  331         9.The percentage of cases that were converted from
  332  nonjudicial to judicial for the previous month.
  333         10. Children’s legal service staffing rates.
  334         Section 4. Section 409.991, Florida Statutes, is repealed.
  335         Section 5. Section 409.9913, Florida Statutes, is created
  336  to read:
  337         409.9913Funding methodology to allocate funding to lead
  338  agencies.—
  339         (1) As used in this section, the term:
  340         (a)“Core services funding” means all funds allocated to
  341  lead agencies. The term does not include any of the following:
  342         1.Funds appropriated for independent living services.
  343         2.Funds appropriated for maintenance adoption subsidies.
  344         3.Funds allocated by the department for child protective
  345  investigation service training.
  346         4.Nonrecurring funds.
  347         5.Designated mental health wrap-around service funds.
  348         6.Funds for special projects for a designated lead agency.
  349         7.Funds appropriated for the Guardianship Assistance
  350  Program established under s. 39.6225.
  351         (b)“Operational and fixed costs” means:
  352         1.Administrative expenditures, including, but not limited
  353  to, information technology and human resources functions.
  354         2.Lease payments.
  355         3.Asset depreciation.
  356         4.Utilities.
  357         5.Administrative components of case management.
  358         6.Mandated activities such as training, quality
  359  improvement, or contract management.
  360         (2)The department shall develop, in collaboration with
  361  lead agencies and providers of child welfare services, a funding
  362  methodology for allocating core services funding to lead
  363  agencies which, at a minimum:
  364         (a)Is actuarially sound.
  365         (b)Is reimbursement-based.
  366         (c)Is designed to incentivize efficient and effective lead
  367  agency operation, prevention, family preservation, and
  368  permanency.
  369         (d)Considers variable costs, including, but not limited
  370  to:
  371         1.Direct costs for in-home and out-of-home care for
  372  children served by the lead agencies.
  373         2.Direct costs for prevention services.
  374         3.Operational and fixed costs.
  375         (e)Is scaled regionally for cost-of-living factors.
  376         (3)The lead agencies and providers shall submit any
  377  detailed cost and expenditure data that the department requests
  378  for the development of the funding methodology.
  379         (4)The department shall submit a report to the Governor,
  380  the President of the Senate, and the Speaker of the House of
  381  Representatives by December 1, 2024, which, at a minimum:
  382         (a)Describes a proposed funding methodology and formula
  383  that will provide for the annual budget of each lead agency,
  384  including, but not limited to, how the proposed methodology will
  385  meet the criteria specified in subsection (2).
  386         (b)Describes the data used to develop the methodology and
  387  the data that will be used to annually calculate the proposed
  388  lead agency budget.
  389         (c)Specifies proposed rates and total allocations for each
  390  lead agency. The allocations must ensure that the total of all
  391  amounts allocated to lead agencies under the funding methodology
  392  does not exceed the total amount appropriated to lead agencies
  393  in the 2024-2025 General Appropriations Act.
  394         (d)Provides risk mitigation recommendations that ensure
  395  that lead agencies do not experience a reduction in funding that
  396  would be detrimental to operations or result in a reduction in
  397  services to children.
  398         (5)By October 31, 2025, and each October 31 thereafter,
  399  the department shall submit a report to the Governor, the
  400  President of the Senate, and the Speaker of the House of
  401  Representatives which includes recommendations for adjustments
  402  to the funding methodology for the next fiscal year, calculated
  403  using the criteria in subsection (2). Such recommendations must,
  404  at a minimum, be based on updated expenditure data, cost-of
  405  living adjustments, market dynamics, or other catchment area
  406  variations. The total of all amounts proposed for allocation to
  407  lead agencies under the funding methodology for the subsequent
  408  fiscal year may not exceed the total amount appropriated in the
  409  General Appropriations Act for core services funding in the
  410  present fiscal year. The funding methodology must include risk
  411  mitigation strategies that ensure that lead agencies do not
  412  experience a reduction in funding that would be detrimental to
  413  operations or result in a reduction in services to children.
  414         (6)(a)The requirements of this section do not replace, and
  415  are in addition to, any requirements of chapter 216, including,
  416  but not limited to, submission of final legislative budget
  417  requests by the department under s. 216.023.
  418         (b)The data and reports required under subsections (4) and
  419  (5) may also include proposed rates and total allocations for
  420  each lead agency which reflect any additional core services
  421  funding for lead agencies which is requested by the department
  422  under s. 216.023.
  423         (7)(a)Beginning with the 2025-2026 fiscal year, the
  424  Legislature shall allocate funding to lead agencies through the
  425  General Appropriations Act with due consideration of the funding
  426  methodology developed under this section.
  427         (b)The department may not change the allocation of funds
  428  to a lead agency as provided in the General Appropriations Act
  429  without legislative approval. The department may approve
  430  additional risk pool funding for a lead agency as provided under
  431  s. 409.990.
  432         (8)The department shall provide to the Governor, the
  433  President of the Senate, and the Speaker of the House of
  434  Representatives monthly reports from July through October 2024
  435  which provide updates on activities and progress in developing
  436  the funding methodology.
  437         Section 6. Subsections (1) and (3) of section 409.992,
  438  Florida Statutes, are amended to read:
  439         409.992 Lead agency expenditures.—
  440         (1) The procurement of commodities or contractual services
  441  by lead agencies is shall be governed by the financial
  442  guidelines developed by the department and must comply with
  443  applicable state and federal law and follow good business
  444  practices. Pursuant to s. 11.45, the Auditor General may provide
  445  technical advice in the development of the financial guidelines.
  446         (a)1.Lead agencies shall competitively procure all
  447  contracts, consistent with the federal simplified acquisition
  448  threshold.
  449         2.Lead agencies shall competitively procure all contracts
  450  in excess of $35,000 with related parties.
  451         3.Financial penalties or sanctions, as established by the
  452  department and incorporated into the contract, must be imposed
  453  by the department for noncompliance with applicable local,
  454  state, or federal law for the procurement of commodities or
  455  contractual services.
  456         (b)The contract between the department and the lead agency
  457  must delineate the rights and obligations of the lead agency
  458  concerning the acquisition, transfer, or other disposition of
  459  real property. At a minimum, the contract must:
  460         1.Require the lead agency to follow all federal law on the
  461  acquisition, improvement, transfer, or disposition of real
  462  property acquired by the lead agency using federal dollars.
  463         2.Require the department to obtain the rights to and
  464  ownership of all real property acquired by the lead agency using
  465  state funds.
  466         3.Require the department to approve any sale, transfer, or
  467  disposition of real property acquired and held by the lead
  468  agency using state funds.
  469         4.Require the department to retain all rights to and
  470  ownership of all real property acquired with state funds and
  471  held by the lead agency upon termination of the lead agency
  472  contract.
  473         (3) Notwithstanding any other provision of law, a
  474  community-based care lead agency administrative employee may not
  475  receive a salary, whether base pay or base pay combined with any
  476  bonus or incentive payments, in excess of 150 percent of the
  477  annual salary paid to the secretary of the Department of
  478  Children and Families from state-appropriated funds, including
  479  state-appropriated federal funds. This limitation applies
  480  regardless of the number of contracts a community-based care
  481  lead agency may execute with the department. This subsection
  482  does not prohibit any party from providing cash that is not from
  483  appropriated state funds to a community-based care lead agency
  484  administrative employee.
  485         Section 7. Paragraph (d) of subsection (1) of section
  486  409.994, Florida Statutes, is amended to read:
  487         409.994 Community-based care lead agencies; receivership.—
  488         (1) The Department of Children and Families may petition a
  489  court of competent jurisdiction for the appointment of a
  490  receiver for a community-based care lead agency established
  491  pursuant to s. 409.987 if any of the following conditions exist:
  492         (d) The lead agency cannot meet, or is unlikely to meet,
  493  its current financial obligations to its employees, contractors,
  494  or foster parents. Issuance of bad checks or the existence of
  495  delinquent obligations for payment of salaries, utilities, or
  496  invoices for essential services or commodities constitutes shall
  497  constitute prima facie evidence that the lead agency lacks the
  498  financial ability to meet its financial obligations.
  499         Section 8. Paragraph (d) of subsection (1) of section
  500  409.996, Florida Statutes, is amended to read:
  501         409.996 Duties of the Department of Children and Families.
  502  The department shall contract for the delivery, administration,
  503  or management of care for children in the child protection and
  504  child welfare system. In doing so, the department retains
  505  responsibility for the quality of contracted services and
  506  programs and shall ensure that, at a minimum, services are
  507  delivered in accordance with applicable federal and state
  508  statutes and regulations and the performance standards and
  509  metrics specified in the strategic plan created under s.
  510  20.19(1).
  511         (1) The department shall enter into contracts with lead
  512  agencies for the performance of the duties by the lead agencies
  513  established in s. 409.988. At a minimum, the contracts must do
  514  all of the following:
  515         (d) Provide for contractual actions tiered interventions
  516  and graduated penalties for failure to comply with contract
  517  terms or in the event of performance deficiencies, as determined
  518  appropriate by the department.
  519         1. Such contractual actions must interventions and
  520  penalties shall include, but are not limited to:
  521         a.1. Enhanced monitoring and reporting.
  522         b.2. Corrective action plans.
  523         c.3. Requirements to accept technical assistance and
  524  consultation from the department under subsection (6).
  525         d.4. Financial penalties, which shall require a lead agency
  526  to direct reallocate funds from administrative costs to the
  527  department. The department shall use collected funds to support
  528  and provide services to children and families in the geographic
  529  service area of the lead agency from which the funds were
  530  obtained direct care for children.
  531         e.5. Early termination of contracts, as provided in s.
  532  402.7305(3)(f) s. 402.1705(3)(f).
  533         2.No later than January 1, 2025, the department shall
  534  ensure that each lead agency contract executed includes a list
  535  of financial penalties for failure to comply with contractual
  536  requirements.
  537         Section 9. By September 30, 2024, and February 1, 2025,
  538  respectively, the Department of Children and Families shall
  539  submit a report to the Governor, the President of the Senate,
  540  and the Speaker of the House of Representatives on rules and
  541  policies adopted and other actions taken to implement this act.
  542         Section 10. This act shall take effect July 1, 2024.