CS for CS for CS for SB 536                      First Engrossed
       
       
       
       
       
       
       
       
       2024536e1
       
    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 that the lead agency may
   25         subcontract; authorizing a lead agency to enter into
   26         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; or
   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. Lead agencies that hold more than one lead agency
  190  contract with the department may request an exemption from the
  191  department for specific related party requirements.
  192         4.3. “Relative” means a relative within the third degree of
  193  consanguinity by blood or marriage.
  194         (b)1. For any activity that is presented to the board of a
  195  lead agency for its initial consideration and approval after
  196  July 1, 2021, or any activity that involves a contract that is
  197  being considered for renewal on or after July 1, 2021, but
  198  before January 1, 2022, a board member, a director, or an
  199  officer of a lead agency shall disclose to the board any
  200  activity that may reasonably be construed to be a conflict of
  201  interest before such activity is initially considered and
  202  approved or a contract is renewed by the board. A rebuttable
  203  presumption of a conflict of interest exists if the activity was
  204  acted on by the board without prior notice as required under
  205  paragraph (c). The board shall disclose any known actual or
  206  potential conflicts to the department.
  207         2. A lead agency may not enter into a contract or be a
  208  party to any transaction with related parties if a conflict of
  209  interest is not properly disclosed. A lead agency may not enter
  210  into a contract with a related party for officer-level or
  211  director-level staffing to perform management functions. The
  212  contract with the department and lead agency must specify the
  213  administrative functions that the lead agency may subcontract
  214  For contracts with a lead agency which are in existence on July
  215  1, 2021, and are not subject to renewal before January 1, 2022,
  216  a board member or an officer of the lead agency shall disclose
  217  to the board any activity that may reasonably be construed to be
  218  a conflict of interest under this section by December 31, 2021.
  219         3.Subject to the requirements of subparagraph 2., a lead
  220  agency may enter into a contract or be a party to any
  221  transaction with related parties as long as the fee, rate, or
  222  price paid by the lead agency for the commodities or services
  223  being procured does not exceed the fair market value for such
  224  commodities or services. The lead agency shall disclose any
  225  known actual or potential conflicts to the department.
  226         (g)1.All department contracts with lead agencies must
  227  contain the following contractual penalty provisions:
  228         a.Penalties in the amount of $5,000 per occurrence must be
  229  imposed for each known and potential conflict of interest, as
  230  described in paragraph (b), which is not disclosed to the
  231  department.
  232         b.If a contract is executed for which a conflict of
  233  interest was not disclosed to the department before execution of
  234  the contract, the following penalties apply:
  235         (I)A penalty in the amount of $25,000 for a first offense.
  236         (II)A penalty in the amount of $50,000 for a second or
  237  subsequent offense.
  238         (III)Removal of the board member who did not disclose a
  239  known conflict of interest.
  240         2.The penalties for failure to disclose a conflict of
  241  interest under sub-subparagraphs a. and b. apply to any contract
  242  entered into, regardless of the method of procurement,
  243  including, but not limited to, formal procurement, single-source
  244  contracts, and contracts that do not meet the minimum threshold
  245  for formal procurement.
  246         3.A contract procured for which a conflict of interest was
  247  not disclosed to the department before execution of the contract
  248  must be reprocured. The department shall recoup from the lead
  249  agency expenses related to a contract that was executed without
  250  disclosure of a conflict of interest.
  251         Section 3. Paragraphs (c), (j), and (k) of subsection (1)
  252  of section 409.988, Florida Statutes, are amended to read:
  253         409.988 Community-based care lead agency duties; general
  254  provisions.—
  255         (1) DUTIES.—A lead agency:
  256         (c) Shall follow the financial guidelines developed by the
  257  department and shall comply with regular, independent auditing
  258  of its financial activities, including any requests for records
  259  associated with such financial audits within the timeframe
  260  established by the department or its contracted vendors provide
  261  for a regular independent auditing of its financial activities.
  262  The results of the financial audit must Such financial
  263  information shall be provided to the community alliance
  264  established under s. 20.19(5).
  265         (j)1. May subcontract for the provision of services,
  266  excluding subcontracts with a related party for officer-level or
  267  director-level staffing to perform management functions,
  268  required by the contract with the lead agency and the
  269  department; however, the subcontracts must specify how the
  270  provider will contribute to the lead agency meeting the
  271  performance standards established pursuant to the child welfare
  272  results-oriented accountability system required by s. 409.997.
  273  Any contract with an unrelated entity for officer-level or
  274  director-level staffing to perform management functions must
  275  adhere to the executive compensation provision in s. 409.992(3).
  276         2. The lead agency shall directly provide no more than 35
  277  percent of all child welfare services provided unless it can
  278  demonstrate a need, within the lead agency’s geographic service
  279  area, where there is a lack of qualified providers available to
  280  perform necessary child welfare services. Beginning July 1,
  281  2024, any new request to exceed the threshold is limited to 2
  282  years to exceed this threshold. After the 2-year period, the
  283  lead agency may submit annual 1-year extension requests with a
  284  detailed report of all efforts to recruit a qualified provider
  285  to perform the necessary services in that geographic service
  286  area. If the department determines the lead agency is not making
  287  a good faith effort to recruit a qualified provider, it must
  288  deny the extension request and require reprocurement. The local
  289  community alliance in the geographic service area in which the
  290  lead agency is seeking to exceed the threshold shall review the
  291  lead agency’s justification for need and recommend to the
  292  department whether the department should approve or deny the
  293  lead agency’s request for an exemption from the services
  294  threshold. If there is not a community alliance operating in the
  295  geographic service area in which the lead agency is seeking to
  296  exceed the threshold, such review and recommendation shall be
  297  made by representatives of local stakeholders, including at
  298  least one representative from each of the following:
  299         a.1. The department.
  300         b.2. The county government.
  301         c.3. The school district.
  302         d.4. The county United Way.
  303         e.5. The county sheriff’s office.
  304         f.6. The circuit court corresponding to the county.
  305         g.7. The county children’s board, if one exists.
  306         (k) Shall publish on its website by the 15th day of each
  307  month at a minimum the data specified in subparagraphs 1.-10.
  308  subparagraphs 1.-5., calculated using a standard methodology
  309  determined by the department, for the preceding calendar month
  310  regarding its case management services. The following
  311  information shall be reported by each individual subcontracted
  312  case management provider, by the lead agency, if the lead agency
  313  provides case management services, and in total for all case
  314  management services subcontracted or directly provided by the
  315  lead agency:
  316         1. The average caseload of case managers, including only
  317  filled positions;
  318         2. The total number and percentage of case managers who
  319  have 25 or more cases on their caseloads;
  320         3. The turnover rate for case managers and case management
  321  supervisors for the previous 12 months;
  322         4. The percentage of required home visits completed; and
  323         5. Performance on outcome measures required pursuant to s.
  324  409.997 for the previous 12 months;.
  325         6.The number of unlicensed placements for the previous
  326  month;
  327         7.The percentages and trends for foster parent and group
  328  home recruitment and licensure for the previous month;
  329         8.The percentage of families being served through family
  330  support services, in-home services, and out-of-home services for
  331  the previous month;
  332         9.The percentage of cases that were converted from
  333  nonjudicial to judicial for the previous month; and
  334         10. Children’s legal service staffing rates.
  335         Section 4. Section 409.991, Florida Statutes, is repealed.
  336         Section 5. Section 409.9913, Florida Statutes, is created
  337  to read:
  338         409.9913Funding methodology to allocate funding to lead
  339  agencies.—
  340         (1) As used in this section, the term:
  341         (a)“Core services funding” means all funds allocated to
  342  lead agencies. The term does not include any of the following:
  343         1.Funds appropriated for independent living services.
  344         2.Funds appropriated for maintenance adoption subsidies.
  345         3.Funds allocated by the department for child protective
  346  investigation service training.
  347         4.Nonrecurring funds.
  348         5.Designated mental health wrap-around service funds.
  349         6.Funds for special projects for a designated lead agency.
  350         7.Funds appropriated for the Guardianship Assistance
  351  Program established under s. 39.6225.
  352         (b)“Operational and fixed costs” means:
  353         1.Administrative expenditures, including, but not limited
  354  to, information technology and human resources functions.
  355         2.Lease payments.
  356         3.Asset depreciation.
  357         4.Utilities.
  358         5.Administrative components of case management.
  359         6.Mandated activities such as training, quality
  360  improvement, or contract management.
  361         (2)The department shall develop, in collaboration with
  362  lead agencies and providers of child welfare services, a funding
  363  methodology for allocating core services funding to lead
  364  agencies which, at a minimum:
  365         (a)Is actuarially sound.
  366         (b)Is reimbursement-based.
  367         (c)Is designed to incentivize efficient and effective lead
  368  agency operation, prevention, family preservation, and
  369  permanency.
  370         (d)Considers variable costs, including, but not limited
  371  to:
  372         1.Direct costs for in-home and out-of-home care for
  373  children served by the lead agencies.
  374         2.Direct costs for prevention services.
  375         3.Operational and fixed costs.
  376         (e)Is scaled regionally for cost-of-living factors.
  377         (3)The lead agencies and providers shall submit any
  378  detailed cost and expenditure data that the department requests
  379  for the development of the funding methodology.
  380         (4)The department shall submit a report to the Governor,
  381  the President of the Senate, and the Speaker of the House of
  382  Representatives by December 1, 2024, which, at a minimum:
  383         (a)Describes a proposed funding methodology and formula
  384  that will provide for the annual budget of each lead agency,
  385  including, but not limited to, how the proposed methodology will
  386  meet the criteria specified in subsection (2).
  387         (b)Describes the data used to develop the methodology and
  388  the data that will be used to annually calculate the proposed
  389  lead agency budget.
  390         (c)Specifies proposed rates and total allocations for each
  391  lead agency. The allocations must ensure that the total of all
  392  amounts allocated to lead agencies under the funding methodology
  393  does not exceed the total amount appropriated to lead agencies
  394  in the 2024-2025 General Appropriations Act.
  395         (d)Provides risk mitigation recommendations that ensure
  396  that lead agencies do not experience a reduction in funding that
  397  would be detrimental to operations or result in a reduction in
  398  services to children.
  399         (5)By October 31, 2025, and each October 31 thereafter,
  400  the department shall submit a report to the Governor, the
  401  President of the Senate, and the Speaker of the House of
  402  Representatives which includes recommendations for adjustments
  403  to the funding methodology for the next fiscal year, calculated
  404  using the criteria in subsection (2). Such recommendations must,
  405  at a minimum, be based on updated expenditure data, cost-of
  406  living adjustments, market dynamics, or other catchment area
  407  variations. The total of all amounts proposed for allocation to
  408  lead agencies under the funding methodology for the subsequent
  409  fiscal year may not exceed the total amount appropriated in the
  410  General Appropriations Act for core services funding in the
  411  present fiscal year. The funding methodology must include risk
  412  mitigation strategies that ensure that lead agencies do not
  413  experience a reduction in funding that would be detrimental to
  414  operations or result in a reduction in services to children.
  415         (6)(a)The requirements of this section do not replace, and
  416  are in addition to, any requirements of chapter 216, including,
  417  but not limited to, submission of final legislative budget
  418  requests by the department under s. 216.023.
  419         (b)The data and reports required under subsections (4) and
  420  (5) may also include proposed rates and total allocations for
  421  each lead agency which reflect any additional core services
  422  funding for lead agencies which is requested by the department
  423  under s. 216.023.
  424         (7)(a)Beginning with the 2025-2026 fiscal year, the
  425  Legislature shall allocate funding to lead agencies through the
  426  General Appropriations Act with due consideration of the funding
  427  methodology developed under this section.
  428         (b)The department may not change the allocation of funds
  429  to a lead agency as provided in the General Appropriations Act
  430  without legislative approval. The department may approve
  431  additional risk pool funding for a lead agency as provided under
  432  s. 409.990.
  433         (8)The department shall provide to the Governor, the
  434  President of the Senate, and the Speaker of the House of
  435  Representatives monthly reports from July through October 2024
  436  which provide updates on activities and progress in developing
  437  the funding methodology.
  438         Section 6. Subsections (1) and (3) of section 409.992,
  439  Florida Statutes, are amended to read:
  440         409.992 Lead agency expenditures.—
  441         (1) The procurement of commodities or contractual services
  442  by lead agencies is shall be governed by the financial
  443  guidelines developed by the department and must comply with
  444  applicable state and federal law and follow good business
  445  practices. Pursuant to s. 11.45, the Auditor General may provide
  446  technical advice in the development of the financial guidelines.
  447         (a)1.Lead agencies shall competitively procure all
  448  contracts, consistent with the federal simplified acquisition
  449  threshold.
  450         2.Lead agencies shall competitively procure all contracts
  451  in excess of $35,000 with related parties.
  452         3.Financial penalties or sanctions, as established by the
  453  department and incorporated into the contract, must be imposed
  454  by the department for noncompliance with applicable local,
  455  state, or federal law for the procurement of commodities or
  456  contractual services.
  457         (b)The contract between the department and the lead agency
  458  must delineate the rights and obligations of the lead agency
  459  concerning the acquisition, transfer, or other disposition of
  460  real property. At a minimum, the contract must:
  461         1.Require the lead agency to follow all federal law on the
  462  acquisition, improvement, transfer, or disposition of real
  463  property acquired by the lead agency using federal dollars.
  464         2.Require the department to obtain the rights to and
  465  ownership of all real property acquired by the lead agency using
  466  state funds.
  467         3.Require the department to approve any sale, transfer, or
  468  disposition of real property acquired and held by the lead
  469  agency using state funds.
  470         4.Require the department to retain all rights to and
  471  ownership of all real property acquired with state funds and
  472  held by the lead agency upon termination of the lead agency
  473  contract.
  474         (3) Notwithstanding any other provision of law, a
  475  community-based care lead agency administrative employee may not
  476  receive a salary, whether base pay or base pay combined with any
  477  bonus or incentive payments, in excess of 150 percent of the
  478  annual salary paid to the secretary of the Department of
  479  Children and Families from state-appropriated funds, including
  480  state-appropriated federal funds. This limitation applies
  481  regardless of the number of contracts a community-based care
  482  lead agency may execute with the department. This subsection
  483  does not prohibit any party from providing cash that is not from
  484  appropriated state funds to a community-based care lead agency
  485  administrative employee.
  486         Section 7. Paragraph (d) of subsection (1) of section
  487  409.994, Florida Statutes, is amended to read:
  488         409.994 Community-based care lead agencies; receivership.—
  489         (1) The Department of Children and Families may petition a
  490  court of competent jurisdiction for the appointment of a
  491  receiver for a community-based care lead agency established
  492  pursuant to s. 409.987 if any of the following conditions exist:
  493         (d) The lead agency cannot meet, or is unlikely to meet,
  494  its current financial obligations to its employees, contractors,
  495  or foster parents. Issuance of bad checks or the existence of
  496  delinquent obligations for payment of salaries, utilities, or
  497  invoices for essential services or commodities constitutes shall
  498  constitute prima facie evidence that the lead agency lacks the
  499  financial ability to meet its financial obligations.
  500         Section 8. Paragraph (d) of subsection (1) of section
  501  409.996, Florida Statutes, is amended to read:
  502         409.996 Duties of the Department of Children and Families.
  503  The department shall contract for the delivery, administration,
  504  or management of care for children in the child protection and
  505  child welfare system. In doing so, the department retains
  506  responsibility for the quality of contracted services and
  507  programs and shall ensure that, at a minimum, services are
  508  delivered in accordance with applicable federal and state
  509  statutes and regulations and the performance standards and
  510  metrics specified in the strategic plan created under s.
  511  20.19(1).
  512         (1) The department shall enter into contracts with lead
  513  agencies for the performance of the duties by the lead agencies
  514  established in s. 409.988. At a minimum, the contracts must do
  515  all of the following:
  516         (d) Provide for contractual actions tiered interventions
  517  and graduated penalties for failure to comply with contract
  518  terms or in the event of performance deficiencies, as determined
  519  appropriate by the department.
  520         1. Such contractual actions must interventions and
  521  penalties shall include, but are not limited to:
  522         a.1. Enhanced monitoring and reporting.
  523         b.2. Corrective action plans.
  524         c.3. Requirements to accept technical assistance and
  525  consultation from the department under subsection (6).
  526         d.4. Financial penalties, which shall require a lead agency
  527  to direct reallocate funds from administrative costs to the
  528  department. The department shall use collected funds to support
  529  and provide services to children and families in the geographic
  530  service area of the lead agency from which the funds were
  531  obtained direct care for children.
  532         e.5. Early termination of contracts, as provided in s.
  533  402.7305(3)(f) s. 402.1705(3)(f).
  534         2.No later than January 1, 2025, the department shall
  535  ensure that each lead agency contract executed includes a list
  536  of financial penalties for failure to comply with contractual
  537  requirements.
  538         Section 9. By September 30, 2024, and February 1, 2025,
  539  respectively, the Department of Children and Families shall
  540  submit a report to the Governor, the President of the Senate,
  541  and the Speaker of the House of Representatives on rules and
  542  policies adopted and other actions taken to implement this act.
  543         Section 10. This act shall take effect July 1, 2024.