Florida Senate - 2024 SENATOR AMENDMENT
Bill No. HB 7089, 1st Eng.
Ì446004rÎ446004
LEGISLATIVE ACTION
Senate . House
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Floor: 2/AD/MR . Floor: C
03/08/2024 11:00 AM . 03/08/2024 12:13 PM
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Senator Collins moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present subsections (4) through (12) of section
6 95.11, Florida Statutes, are redesignated as subsections (5)
7 through (13), respectively, a new subsection (4) is added to
8 that section, and paragraph (b) of subsection (2), paragraph (n)
9 of subsection (3), paragraphs (f) and (g) of present subsection
10 (5), and present subsection (10) are amended, to read:
11 95.11 Limitations other than for the recovery of real
12 property.—Actions other than for recovery of real property shall
13 be commenced as follows:
14 (2) WITHIN FIVE YEARS.—
15 (b) A legal or equitable action on a contract, obligation,
16 or liability founded on a written instrument, except for an
17 action to enforce a claim against a payment bond, which shall be
18 governed by the applicable provisions of paragraph (6)(e)
19 paragraph (5)(e), s. 255.05(10), s. 337.18(1), or s.
20 713.23(1)(e), and except for an action for a deficiency judgment
21 governed by paragraph (6)(h) paragraph (5)(h).
22 (3) WITHIN FOUR YEARS.—
23 (n) An action for assault, battery, false arrest, malicious
24 prosecution, malicious interference, false imprisonment, or any
25 other intentional tort, except as provided in subsections (5),
26 (6), and (8) subsections (4), (5), and (7).
27 (4) WITHIN THREE YEARS.—An action to collect medical debt
28 for services rendered by a facility licensed under chapter 395,
29 provided that the period of limitations shall run from the date
30 on which the facility refers the medical debt to a third party
31 for collection.
32 (6)(5) WITHIN ONE YEAR.—
33 (f) Except for actions described in subsection (9) (8), a
34 petition for extraordinary writ, other than a petition
35 challenging a criminal conviction, filed by or on behalf of a
36 prisoner as defined in s. 57.085.
37 (g) Except for actions described in subsection (9) (8), an
38 action brought by or on behalf of a prisoner, as defined in s.
39 57.085, relating to the conditions of the prisoner’s
40 confinement.
41 (11)(10) FOR INTENTIONAL TORTS RESULTING IN DEATH FROM ACTS
42 DESCRIBED IN S. 782.04 OR S. 782.07.—Notwithstanding paragraph
43 (5)(e) paragraph (4)(e), an action for wrongful death seeking
44 damages authorized under s. 768.21 brought against a natural
45 person for an intentional tort resulting in death from acts
46 described in s. 782.04 or s. 782.07 may be commenced at any
47 time. This subsection shall not be construed to require an
48 arrest, the filing of formal criminal charges, or a conviction
49 for a violation of s. 782.04 or s. 782.07 as a condition for
50 filing a civil action.
51 Section 2. Section 222.26, Florida Statutes, is created to
52 read:
53 222.26 Additional exemptions from legal process concerning
54 medical debt.—If a debt is owed for medical services provided by
55 a facility licensed under chapter 395, the following property is
56 exempt from attachment, garnishment, or other legal process in
57 an action on such debt:
58 (1) A debtor’s interest, not to exceed $10,000 in value, in
59 a single motor vehicle as defined in s. 320.01(1).
60 (2) A debtor’s interest in personal property, not to exceed
61 $10,000 in value, if the debtor does not claim or receive the
62 benefits of a homestead exemption under s. 4, Art. X of the
63 State Constitution.
64 Section 3. Present paragraphs (b), (c), and (d) of
65 subsection (1) of section 395.301, Florida Statutes, are
66 redesignated as paragraphs (c), (d), and (e) of that subsection,
67 respectively, present subsection (6) is redesignated as
68 subsection (8) of that section, a new paragraph (b) is added to
69 subsection (1), a new subsection (6) and subsection (7) are
70 added to that section, and present paragraph (b) of subsection
71 (1) is amended, to read:
72 395.301 Price transparency; itemized patient statement or
73 bill; patient admission status notification.—
74 (1) A facility licensed under this chapter shall provide
75 timely and accurate financial information and quality of service
76 measures to patients and prospective patients of the facility,
77 or to patients’ survivors or legal guardians, as appropriate.
78 Such information shall be provided in accordance with this
79 section and rules adopted by the agency pursuant to this chapter
80 and s. 408.05. Licensed facilities operating exclusively as
81 state facilities are exempt from this subsection.
82 (b) Each licensed facility shall post on its website a
83 consumer-friendly list of standard charges for at least 300
84 shoppable health care services, or an Internet-based price
85 estimator tool meeting federal standards. If a facility provides
86 fewer than 300 distinct shoppable health care services, it shall
87 make available on its website the standard charges for each
88 service it provides. As used in this paragraph, the term:
89 1. “Shoppable health care service” means a service that can
90 be scheduled by a healthcare consumer in advance. The term
91 includes, but is not limited to, the services described in s.
92 627.6387(2)(e) and any services defined in regulations or
93 guidance issued by the United States Department of Health and
94 Human Services.
95 2. “Standard charge” has the same meaning as that term is
96 defined in regulations or guidance issued by the United States
97 Department of Health and Human Services for purposes of hospital
98 price transparency.
99 (c)(b)1. Upon request, and Before providing any
100 nonemergency medical services, each licensed facility shall
101 provide in writing or by electronic means a good faith estimate
102 of reasonably anticipated charges by the facility for the
103 treatment of a the patient’s or prospective patient’s specific
104 condition. The facility must provide the estimate to the patient
105 or prospective patient within 7 business days after the receipt
106 of the request and is not required to adjust the estimate for
107 any potential insurance coverage. The facility must provide the
108 estimate to the patient’s health insurer, as defined in s.
109 627.446(1), and the patient at least 3 business days before the
110 date such service is to be provided, but no later than 1
111 business day after the date such service is scheduled or, in the
112 case of a service scheduled at least 10 business days in
113 advance, no later than 3 business days after the date the
114 service is scheduled. The facility must provide the estimate to
115 the patient no later than 3 business days after the date the
116 patient requests an estimate. The estimate may be based on the
117 descriptive service bundles developed by the agency under s.
118 408.05(3)(c) unless the patient or prospective patient requests
119 a more personalized and specific estimate that accounts for the
120 specific condition and characteristics of the patient or
121 prospective patient. The facility shall inform the patient or
122 prospective patient that he or she may contact his or her health
123 insurer or health maintenance organization for additional
124 information concerning cost-sharing responsibilities.
125 2. In the estimate, the facility shall provide to the
126 patient or prospective patient information on the facility’s
127 financial assistance policy, including the application process,
128 payment plans, and discounts and the facility’s charity care
129 policy and collection procedures.
130 3. The estimate shall clearly identify any facility fees
131 and, if applicable, include a statement notifying the patient or
132 prospective patient that a facility fee is included in the
133 estimate, the purpose of the fee, and that the patient may pay
134 less for the procedure or service at another facility or in
135 another health care setting.
136 4. Upon request, The facility shall notify the patient or
137 prospective patient of any revision to the estimate.
138 5. In the estimate, the facility must notify the patient or
139 prospective patient that services may be provided in the health
140 care facility by the facility as well as by other health care
141 providers that may separately bill the patient, if applicable.
142 6. The facility shall take action to educate the public
143 that such estimates are available upon request.
144 7. Failure to timely provide the estimate pursuant to this
145 paragraph shall result in a daily fine of $1,000 until the
146 estimate is provided to the patient or prospective patient and
147 the health insurer. The total fine per patient estimate may not
148 exceed $10,000.
149
150 The provision of an estimate does not preclude the actual
151 charges from exceeding the estimate.
152 (6) Each facility shall establish an internal process for
153 reviewing and responding to grievances from patients. Such
154 process must allow a patient to dispute charges that appear on
155 the patient’s itemized statement or bill. The facility shall
156 prominently post on its website and indicate in bold print on
157 each itemized statement or bill the instructions for initiating
158 a grievance and the direct contact information required to
159 initiate the grievance process. The facility must provide an
160 initial response to a patient grievance within 7 business days
161 after the patient formally files a grievance disputing all or a
162 portion of an itemized statement or bill.
163 (7) Each licensed facility shall disclose to a patient, a
164 prospective patient, or a patient’s legal guardian whether a
165 cost-sharing obligation for a particular covered health care
166 service or item exceeds the charge that applies to an individual
167 who pays cash or the cash equivalent for the same health care
168 service or item in the absence of health insurance coverage.
169 Failure to provide a disclosure in compliance with this
170 subsection may result in a fine not to exceed $500 per incident.
171 Section 4. Section 395.3011, Florida Statutes, is created
172 to read:
173 395.3011 Billing and collection activities.—
174 (1) As used in this section, the term “extraordinary
175 collection action” means any of the following actions taken by a
176 licensed facility against an individual in relation to obtaining
177 payment of a bill for care covered under the facility’s
178 financial assistance policy:
179 (a) Selling the individual’s debt to another party.
180 (b) Reporting adverse information about the individual to
181 consumer credit reporting agencies or credit bureaus.
182 (c) Deferring, denying, or requiring a payment before
183 providing medically necessary care because of the individual’s
184 nonpayment of one or more bills for previously provided care
185 covered under the facility’s financial assistance policy.
186 (d) Actions that require a legal or judicial process,
187 including, but not limited to:
188 1. Placing a lien on the individual’s property;
189 2. Foreclosing on the individual’s real property;
190 3. Attaching or seizing the individual’s bank account or
191 any other personal property;
192 4. Commencing a civil action against the individual;
193 5. Causing the individual’s arrest; or
194 6. Garnishing the individual’s wages.
195 (2) A facility may not engage in an extraordinary
196 collection action against an individual to obtain payment for
197 services:
198 (a) Before the facility has made reasonable efforts to
199 determine whether the individual is eligible for assistance
200 under its financial assistance policy for the care provided and,
201 if eligible, before a decision is made by the facility on the
202 patient’s application for such financial assistance.
203 (b) Before the facility has provided the individual with an
204 itemized statement or bill.
205 (c) During an ongoing grievance process as described in s.
206 395.301(6) or an ongoing appeal of a claim adjudication.
207 (d) Before billing any applicable insurer and allowing the
208 insurer to adjudicate a claim.
209 (e) For 30 days after notifying the patient in writing, by
210 certified mail, or by other traceable delivery method, that a
211 collection action will commence absent additional action by the
212 patient.
213 (f) While the individual:
214 1. Negotiates in good faith the final amount of a bill for
215 services rendered; or
216 2. Complies with all terms of a payment plan with the
217 facility.
218 Section 5. Paragraph (b) of subsection (1) of section
219 624.27, Florida Statutes, is amended to read:
220 624.27 Direct health care agreements; exemption from code.—
221 (1) As used in this section, the term:
222 (b) “Health care provider” means a health care provider
223 licensed under chapter 458, chapter 459, chapter 460, chapter
224 461, chapter 464, or chapter 466, chapter 490, or chapter 491,
225 or a health care group practice, who provides health care
226 services to patients.
227 Section 6. Section 627.446, Florida Statutes, is created to
228 read:
229 627.446 Advanced explanation of benefits.—
230 (1) As used in this section, the term “health insurer”
231 means a health insurer issuing individual or group coverage or a
232 health maintenance organization issuing coverage through an
233 individual or a group contract.
234 (2) Each health insurer shall prepare an advanced
235 explanation of benefits upon receiving a patient estimate from a
236 facility pursuant to s. 395.301(1). The health insurer must
237 provide the advanced explanation of benefits to the insured no
238 later than 1 business day after receiving the patient estimate
239 from the facility or, in the case of a service scheduled at
240 least 10 business days in advance, no later than 3 business days
241 after receiving such estimate. The health insurer must provide
242 an advanced explanation of benefits to the insured no later than
243 3 business days after the date on which the health insurer
244 receives a request from the insured.
245 (3) At a minimum, the advanced explanation of benefits must
246 include detailed coverage and cost-sharing information pursuant
247 to the No Surprises Act, Title I of Division BB of the
248 Consolidated Appropriations Act, 2021, Pub. L. No. 116-260.
249 Section 7. Paragraph (b) of subsection (2) and paragraph
250 (a) of subsection (4) of section 627.6387, Florida Statutes, are
251 amended to read:
252 627.6387 Shared savings incentive program.—
253 (2) As used in this section, the term:
254 (b) “Health insurer” means an authorized insurer issuing
255 major medical or other comprehensive coverage through an
256 individual policy offering health insurance as defined in s.
257 624.603.
258 (4)(a) A shared savings incentive offered by a health
259 insurer in accordance with this section:
260 1. Is not an administrative expense for rate development or
261 rate filing purposes and shall be counted as a medical expense
262 for such purposes.
263 2. Does not constitute an unfair method of competition or
264 an unfair or deceptive act or practice under s. 626.9541 and is
265 presumed to be appropriate unless credible data clearly
266 demonstrates otherwise.
267 Section 8. Paragraph (b) of subsection (2) and paragraph
268 (a) of subsection (4) of section 627.6648, Florida Statutes, are
269 amended to read:
270 627.6648 Shared savings incentive program.—
271 (2) As used in this section, the term:
272 (b) “Health insurer” means an authorized insurer issuing
273 major medical or other comprehensive coverage through a group
274 policy offering health insurance as defined in s. 624.603. The
275 term does not include the state group health insurance program
276 provided under s. 110.123.
277 (4)(a) A shared savings incentive offered by a health
278 insurer in accordance with this section:
279 1. Is not an administrative expense for rate development or
280 rate filing purposes and shall be counted as a medical expense
281 for such purposes.
282 2. Does not constitute an unfair method of competition or
283 an unfair or deceptive act or practice under s. 626.9541 and is
284 presumed to be appropriate unless credible data clearly
285 demonstrates otherwise.
286 Section 9. Paragraph (b) of subsection (2) and paragraph
287 (a) of subsection (4) of section 641.31076, Florida Statutes,
288 are amended to read:
289 641.31076 Shared savings incentive program.—
290 (2) As used in this section, the term:
291 (b) “Health maintenance organization” means an authorized
292 health maintenance organization issuing major medical or other
293 comprehensive coverage through individual or group contract has
294 the same meaning as provided in s. 641.19. The term does not
295 include the state group health insurance program provided under
296 s. 110.123.
297 (4) A shared savings incentive offered by a health
298 maintenance organization in accordance with this section:
299 (a) Is not an administrative expense for rate development
300 or rate filing purposes and shall be counted as a medical
301 expense for such purposes.
302 Section 10. Paragraphs (a) and (j) of subsection (1) of
303 section 475.01, Florida Statutes, are amended to read:
304 475.01 Definitions.—
305 (1) As used in this part:
306 (a) “Broker” means a person who, for another, and for a
307 compensation or valuable consideration directly or indirectly
308 paid or promised, expressly or impliedly, or with an intent to
309 collect or receive a compensation or valuable consideration
310 therefor, appraises, auctions, sells, exchanges, buys, rents, or
311 offers, attempts or agrees to appraise, auction, or negotiate
312 the sale, exchange, purchase, or rental of business enterprises
313 or business opportunities or any real property or any interest
314 in or concerning the same, including mineral rights or leases,
315 or who advertises or holds out to the public by any oral or
316 printed solicitation or representation that she or he is engaged
317 in the business of appraising, auctioning, buying, selling,
318 exchanging, leasing, or renting business enterprises or business
319 opportunities or real property of others or interests therein,
320 including mineral rights, or who takes any part in the procuring
321 of sellers, purchasers, lessors, or lessees of business
322 enterprises or business opportunities or the real property of
323 another, or leases, or interest therein, including mineral
324 rights, or who directs or assists in the procuring of prospects
325 or in the negotiation or closing of any transaction which does,
326 or is calculated to, result in a sale, exchange, or leasing
327 thereof, and who receives, expects, or is promised any
328 compensation or valuable consideration, directly or indirectly
329 therefor; and all persons who advertise rental property
330 information or lists. A broker renders a professional service
331 and is a professional within the meaning of s. 95.11(5)(b) s.
332 95.11(4)(b). Where the term “appraise” or “appraising” appears
333 in the definition of the term “broker,” it specifically excludes
334 those appraisal services which must be performed only by a
335 state-licensed or state-certified appraiser, and those appraisal
336 services which may be performed by a registered trainee
337 appraiser as defined in part II. The term “broker” also includes
338 any person who is a general partner, officer, or director of a
339 partnership or corporation which acts as a broker. The term
340 “broker” also includes any person or entity who undertakes to
341 list or sell one or more timeshare periods per year in one or
342 more timeshare plans on behalf of any number of persons, except
343 as provided in ss. 475.011 and 721.20.
344 (j) “Sales associate” means a person who performs any act
345 specified in the definition of “broker,” but who performs such
346 act under the direction, control, or management of another
347 person. A sales associate renders a professional service and is
348 a professional within the meaning of s. 95.11(5)(b) s.
349 95.11(4)(b).
350 Section 11. Paragraph (h) of subsection (1) of section
351 475.611, Florida Statutes, is amended to read:
352 475.611 Definitions.—
353 (1) As used in this part, the term:
354 (h) “Appraiser” means any person who is a registered
355 trainee real estate appraiser, a licensed real estate appraiser,
356 or a certified real estate appraiser. An appraiser renders a
357 professional service and is a professional within the meaning of
358 s. 95.11(5)(b) s. 95.11(4)(b).
359 Section 12. Subsection (7) of section 517.191, Florida
360 Statutes, is amended to read:
361 517.191 Injunction to restrain violations; civil penalties;
362 enforcement by Attorney General.—
363 (7) Notwithstanding s. 95.11(5)(f) s. 95.11(4)(f), an
364 enforcement action brought under this section based on a
365 violation of any provision of this chapter or any rule or order
366 issued under this chapter shall be brought within 6 years after
367 the facts giving rise to the cause of action were discovered or
368 should have been discovered with the exercise of due diligence,
369 but not more than 8 years after the date such violation
370 occurred.
371 Section 13. Subsection (14) of section 768.28, Florida
372 Statutes, is amended to read:
373 768.28 Waiver of sovereign immunity in tort actions;
374 recovery limits; civil liability for damages caused during a
375 riot; limitation on attorney fees; statute of limitations;
376 exclusions; indemnification; risk management programs.—
377 (14) Every claim against the state or one of its agencies
378 or subdivisions for damages for a negligent or wrongful act or
379 omission pursuant to this section shall be forever barred unless
380 the civil action is commenced by filing a complaint in the court
381 of appropriate jurisdiction within 4 years after such claim
382 accrues; except that an action for contribution must be
383 commenced within the limitations provided in s. 768.31(4), and
384 an action for damages arising from medical malpractice or
385 wrongful death must be commenced within the limitations for such
386 actions in s. 95.11(5) s. 95.11(4).
387 Section 14. Subsection (4) of section 787.061, Florida
388 Statutes, is amended to read:
389 787.061 Civil actions by victims of human trafficking.—
390 (4) STATUTE OF LIMITATIONS.—The statute of limitations as
391 specified in s. 95.11(8) or (10) s. 95.11(7) or (9), as
392 applicable, governs an action brought under this section.
393 Section 15. The requirements of s. 395.301(1)(b), Florida
394 Statutes, as created by this act, relating to shoppable health
395 care services, do not apply to ambulatory surgical centers as
396 defined in s. 395.002, Florida Statutes, until January 1, 2026.
397 Section 16. The changes made by this act to s. 395.301,
398 Florida Statutes, relating to good faith estimates, are not
399 effective until the United States Department of Health and Human
400 Services, the United States Department of Labor, and the United
401 States Department of the Treasury issue a final rule pertaining
402 to good faith estimates required by section 2799B-6 of the
403 Public Health Services Act. The Agency for Health Care
404 Administration shall notify the Division of Law Revision upon
405 the promulgation of the final rule.
406 Section 17. The changes made by this act to s. 627.446,
407 Florida Statutes, relating to advanced explanation of benefits,
408 are not effective until the United States Department of Health
409 and Human Services, the United States Department of Labor, and
410 the United States Department of the Treasury issue final rules
411 pertaining to advanced explanation of benefits required by
412 section 2799A-1(f) of the Public Health Services and good faith
413 estimates required by section 2799B-6 of the Public Health
414 Services Act. The Office of Insurance Regulation shall notify
415 the Division of Law Revision upon the promulgation of the final
416 rule pertaining to advanced explanation of benefits.
417 Section 18. Present subsections (3) and (4) of section
418 409.016, Florida Statutes, are redesignated as subsections (4)
419 and (5), respectively, and a new subsection (3) is added to that
420 section, to read:
421 409.016 Definitions.—As used in this chapter:
422 (3) “Management functions” means:
423 (a) Planning, directing, organizing, coordinating, and
424 carrying out oversight duties of the lead agency; or
425 (b) Contracting for officer or director level staffing in
426 performance of the planning, directing, organizing,
427 coordinating, and carrying out of oversight duties of the lead
428 agency.
429 Section 19. Subsections (3) and (4) and paragraphs (a) and
430 (b) of subsection (7) of section 409.987, Florida Statutes, are
431 amended, and paragraph (g) is added to subsection (7) of that
432 section, to read:
433 409.987 Lead agency procurement; boards; conflicts of
434 interest.—
435 (3) Notwithstanding s. 287.057, the department shall use 5
436 year contracts with lead agencies. The department may only
437 extend a contract for a period of 1 to 5 years, in accordance
438 with s. 287.057, if the lead agency has met performance
439 expectations within the monitoring evaluation.
440 (4) In order to serve as a lead agency, an entity must:
441 (a) Be organized as a Florida corporation or a governmental
442 entity.
443 (b) Be governed by a board of directors or a board
444 committee composed of board members. Board members shall provide
445 oversight and ensure accountability and transparency for the
446 system of care. The board of directors shall provide fiduciary
447 oversight to prevent conflicts of interest, promote
448 accountability and transparency, and protect state and federal
449 funding from misuse. The board of directors shall act in
450 accordance with s. 617.0830. The membership of the board of
451 directors or board committee must be described in the bylaws or
452 articles of incorporation of each lead agency, which must
453 provide that at least 75 percent of the membership of the board
454 of directors or board committee must be composed consist of
455 persons residing in this state, and at least 51 percent of the
456 state residents on the board of directors must reside within the
457 service area of the lead agency. The lead agency shall ensure
458 that board members participate in annual training related to
459 their responsibilities. The department shall set forth minimum
460 training criteria in the contracts with the lead agencies.
461 However, for procurements of lead agency contracts initiated on
462 or after July 1, 2014:
463 1. At least 75 percent of the membership of the board of
464 directors must be composed consist of persons residing in this
465 state, and at least 51 percent of the membership of the board of
466 directors must be composed consist of persons residing within
467 the service area of the lead agency. If a board committee
468 governs the lead agency, 100 percent of its membership must be
469 composed consist of persons residing within the service area of
470 the lead agency.
471 2. The powers of the board of directors or board committee
472 include, but are not limited to, approving the lead agency’s
473 budget and setting the lead agency’s operational policy and
474 procedures. A board of directors must additionally have the
475 power to hire the lead agency’s executive director, unless a
476 board committee governs the lead agency, in which case the board
477 committee must have the power to confirm the selection of the
478 lead agency’s executive director.
479 (c) Demonstrate financial responsibility through an
480 organized plan for regular fiscal audits; and the posting of a
481 performance bond; and the posting of a fidelity bond to cover
482 any costs associated with reprocurement and the assessed
483 penalties related to a failure to disclose a conflict of
484 interest under subsection (7).
485 (7)(a) As used in this subsection, the term:
486 1. “Activity” includes, but is not limited to, a contract
487 for goods and services, a contract for the purchase of any real
488 or tangible property, or an agreement to engage with a lead
489 agency for the benefit of a third party in exchange for an
490 interest in real or tangible property, a monetary benefit, or an
491 in-kind contribution.
492 2. “Conflict of interest” means when a board member, a
493 director, or an officer, or a relative of a board member, a
494 director, or an officer, of a lead agency does any of the
495 following:
496 a. Enters into a contract or other transaction for goods or
497 services with the lead agency.
498 b. Holds a direct or indirect interest in a corporation,
499 limited liability corporation, partnership, limited liability
500 partnership, or other business entity that conducts business
501 with the lead agency or proposes to enter into a contract or
502 other transaction with the lead agency. For purposes of this
503 paragraph, the term “indirect interest” has the same meaning as
504 in s. 112.312.
505 c. Knowingly obtains a direct or indirect personal,
506 financial, professional, or other benefit as a result of the
507 relationship of such board member, director, or officer, or
508 relative of the board member, director, or officer, with the
509 lead agency. For purposes of this paragraph, the term “benefit”
510 does not include per diem and travel expenses paid or reimbursed
511 to board members or officers of the lead agency in connection
512 with their service on the board.
513 3. “Related party” means any entity of which a director or
514 an officer of the entity is also directly or indirectly related
515 to, or has a direct or indirect financial or other material
516 interest in, the lead agency. The term also includes any
517 subsidiary firm, parent entity, associate firm, or joint
518 venture. Lead agencies that hold more than one lead agency
519 contract with the department may request an exemption from the
520 department for specific related party requirements.
521 4.3. “Relative” means a relative within the third degree of
522 consanguinity by blood or marriage.
523 (b)1. For any activity that is presented to the board of a
524 lead agency for its initial consideration and approval after
525 July 1, 2021, or any activity that involves a contract that is
526 being considered for renewal on or after July 1, 2021, but
527 before January 1, 2022, a board member, a director, or an
528 officer of a lead agency shall disclose to the board any
529 activity that may reasonably be construed to be a conflict of
530 interest before such activity is initially considered and
531 approved or a contract is renewed by the board. A rebuttable
532 presumption of a conflict of interest exists if the activity was
533 acted on by the board without prior notice as required under
534 paragraph (c). The board shall disclose any known actual or
535 potential conflicts to the department.
536 2. A lead agency may not enter into a contract or be a
537 party to any transaction with related parties if a conflict of
538 interest is not properly disclosed. A lead agency may not enter
539 into a contract with a related party for officer-level or
540 director-level staffing to perform management functions. The
541 contract with the department and lead agency must specify the
542 administrative functions that the lead agency may subcontract
543 For contracts with a lead agency which are in existence on July
544 1, 2021, and are not subject to renewal before January 1, 2022,
545 a board member or an officer of the lead agency shall disclose
546 to the board any activity that may reasonably be construed to be
547 a conflict of interest under this section by December 31, 2021.
548 3. Subject to the requirements of subparagraph 2., a lead
549 agency may enter into a contract or be a party to any
550 transaction with related parties as long as the fee, rate, or
551 price paid by the lead agency for the commodities or services
552 being procured does not exceed the fair market value for such
553 commodities or services. The lead agency shall disclose any
554 known actual or potential conflicts to the department.
555 (g)1. All department contracts with lead agencies must
556 contain the following contractual penalty provisions:
557 a. Penalties in the amount of $5,000 per occurrence must be
558 imposed for each known and potential conflict of interest, as
559 described in paragraph (b), which is not disclosed to the
560 department.
561 b. If a contract is executed for which a conflict of
562 interest was not disclosed to the department before execution of
563 the contract, the following penalties apply:
564 (I) A penalty in the amount of $20,000 for a first offense.
565 (II) A penalty in the amount of $30,000 for a second or
566 subsequent offense.
567 (III) Removal of the board member who did not disclose a
568 known conflict of interest.
569 2. The penalties for failure to disclose a conflict of
570 interest under sub-subparagraphs 1.a. and 1.b. apply to any
571 contract entered into, regardless of the method of procurement,
572 including, but not limited to, formal procurement, single-source
573 contracts, and contracts that do not meet the minimum threshold
574 for formal procurement.
575 3. A contract procured for which a conflict of interest was
576 not disclosed to the department before execution of the contract
577 must be reprocured. The department shall recoup from the lead
578 agency expenses related to a contract that was executed without
579 disclosure of a conflict of interest.
580 Section 20. Paragraphs (c), (j), and (k) of subsection (1)
581 of section 409.988, Florida Statutes, are amended to read:
582 409.988 Community-based care lead agency duties; general
583 provisions.—
584 (1) DUTIES.—A lead agency:
585 (c) Shall follow the financial guidelines developed by the
586 department and shall comply with regular, independent auditing
587 of its financial activities, including any requests for records
588 associated with such financial audits within the timeframe
589 established by the department or its contracted vendors provide
590 for a regular independent auditing of its financial activities.
591 The results of the financial audit must Such financial
592 information shall be provided to the community alliance
593 established under s. 20.19(5).
594 (j)1. May subcontract for the provision of services,
595 excluding subcontracts with a related party for officer-level or
596 director-level staffing to perform management functions,
597 required by the contract with the lead agency and the
598 department; however, the subcontracts must specify how the
599 provider will contribute to the lead agency meeting the
600 performance standards established pursuant to the child welfare
601 results-oriented accountability system required by s. 409.997.
602 Any contract with an unrelated entity for officer-level or
603 director-level staffing to perform management functions must
604 adhere to the executive compensation provision in s. 409.992(3).
605 2. The lead agency Shall directly provide no more than 35
606 percent of all child welfare services provided unless it can
607 demonstrate a need, within the lead agency’s geographic service
608 area, where there is a lack of qualified providers available to
609 perform necessary services. The approval period for an exemption
610 to exceed the 35 percent threshold is limited to 2 years to
611 exceed this threshold. To receive approval, the lead agency must
612 create and submit to the department through the lead agency’s
613 local community alliance a detailed report of all efforts to
614 recruit a qualified provider to perform the necessary services
615 in that geographic service area. The local community alliance in
616 the geographic service area in which the lead agency is seeking
617 to exceed the threshold shall review the lead agency’s
618 justification for need and recommend to the department whether
619 the department should approve or deny the lead agency’s request
620 for an exemption from the services threshold. If there is not a
621 community alliance operating in the geographic service area in
622 which the lead agency is seeking to exceed the threshold, such
623 review and recommendation shall be made by representatives of
624 local stakeholders, including at least one representative from
625 each of the following:
626 a.1. The department.
627 b.2. The county government.
628 c.3. The school district.
629 d.4. The county United Way.
630 e.5. The county sheriff’s office.
631 f.6. The circuit court corresponding to the county.
632 g.7. The county children’s board, if one exists.
633
634 The lead agency may request a renewal of the exemption allowing
635 the lead agency to directly provide child welfare services by
636 following the process outlined in this subparagraph. The
637 approval period for an exemption renewal is limited to 2 years.
638 If, after the expiration of the exemption, the department
639 determines the lead agency is not making a good faith effort to
640 recruit a qualified provider, the department may deny the
641 renewal request and require reprocurement.
642 3. Upon approving any exemption that allows a lead agency
643 to directly provide more than 40 percent of all child welfare
644 services provided, the department shall require the lead agency
645 to undergo an operational audit by the Auditor General to
646 examine the lead agency’s procurement of and financial
647 arrangements for providing such services. The audit shall, at a
648 minimum, examine the costs incurred and any payments made by the
649 lead agency to itself for services directly provided by the lead
650 agency compared to any procurement solicitations by the lead
651 agency, and assess the adequacy of the efforts to obtain
652 services from subcontractors and the resulting cost and cost
653 effectiveness of the services provided directly by the lead
654 agency. The Auditor General shall conduct such audits upon
655 notification by the department.
656 (k) Shall publish on its website by the 15th day of each
657 month at a minimum the data specified in subparagraphs 1.-10.
658 subparagraphs 1.-5., calculated using a standard methodology
659 determined by the department, for the preceding calendar month
660 regarding its case management services. The following
661 information shall be reported by each individual subcontracted
662 case management provider, by the lead agency, if the lead agency
663 provides case management services, and in total for all case
664 management services subcontracted or directly provided by the
665 lead agency:
666 1. The average caseload of case managers, including only
667 filled positions;
668 2. The total number and percentage of case managers who
669 have 25 or more cases on their caseloads;
670 3. The turnover rate for case managers and case management
671 supervisors for the previous 12 months;
672 4. The percentage of required home visits completed; and
673 5. Performance on outcome measures required pursuant to s.
674 409.997 for the previous 12 months;.
675 6. The number of unlicensed placements for the previous
676 month;
677 7. The percentages and trends for foster parent and group
678 home recruitment and licensure for the previous month;
679 8. The percentage of families being served through family
680 support services, in-home services, and out-of-home services for
681 the previous month;
682 9. The percentage of cases that were converted from
683 nonjudicial to judicial for the previous month; and
684 10. Children’s legal service staffing rates.
685 Section 21. Section 409.991, Florida Statutes, is repealed.
686 Section 22. Section 409.9913, Florida Statutes, is created
687 to read:
688 409.9913 Funding methodology to allocate funding to lead
689 agencies.—
690 (1) As used in this section, the term:
691 (a) “Core services funding” means all funds allocated to
692 lead agencies. The term does not include any of the following:
693 1. Funds appropriated for independent living services.
694 2. Funds appropriated for maintenance adoption subsidies.
695 3. Funds allocated by the department for child protective
696 investigation service training.
697 4. Nonrecurring funds.
698 5. Designated mental health wrap-around service funds.
699 6. Funds for special projects for a designated lead agency.
700 7. Funds appropriated for the Guardianship Assistance
701 Program established under s. 39.6225.
702 (b) “Operational and fixed costs” means:
703 1. Administrative expenditures, including, but not limited
704 to, information technology and human resources functions.
705 2. Lease payments.
706 3. Asset depreciation.
707 4. Utilities.
708 5. Administrative components of case management.
709 6. Mandated activities such as training, quality
710 improvement, or contract management.
711 (2) The department shall develop, in collaboration with
712 lead agencies and providers of child welfare services, a funding
713 methodology for allocating core services funding to lead
714 agencies which, at a minimum:
715 (a) Is actuarially sound.
716 (b) Is reimbursement-based.
717 (c) Is designed to incentivize efficient and effective lead
718 agency operation, prevention, family preservation, and
719 permanency.
720 (d) Considers variable costs, including, but not limited
721 to:
722 1. Direct costs for in-home and out-of-home care for
723 children served by the lead agencies.
724 2. Direct costs for prevention services.
725 3. Operational and fixed costs.
726 (e) Is scaled regionally for cost-of-living factors.
727 (3) The lead agencies and providers shall submit any
728 detailed cost and expenditure data that the department requests
729 for the development of the funding methodology.
730 (4) The department shall submit a report to the Governor,
731 the President of the Senate, and the Speaker of the House of
732 Representatives by December 1, 2024, which, at a minimum:
733 (a) Describes a proposed funding methodology and formula
734 that will provide for the annual budget of each lead agency,
735 including, but not limited to, how the proposed methodology will
736 meet the criteria specified in subsection (2).
737 (b) Describes the data used to develop the methodology and
738 the data that will be used to annually calculate the proposed
739 lead agency budget.
740 (c) Specifies proposed rates and total allocations for each
741 lead agency. The allocations must ensure that the total of all
742 amounts allocated to lead agencies under the funding methodology
743 does not exceed the total amount appropriated to lead agencies
744 in the 2024-2025 General Appropriations Act.
745 (d) Provides risk mitigation recommendations that ensure
746 that lead agencies do not experience a reduction in funding that
747 would be detrimental to operations or result in a reduction in
748 services to children.
749 (5) By October 31, 2025, and each October 31 thereafter,
750 the department shall submit a report to the Governor, the
751 President of the Senate, and the Speaker of the House of
752 Representatives which includes recommendations for adjustments
753 to the funding methodology for the next fiscal year, calculated
754 using the criteria in subsection (2). Such recommendations must,
755 at a minimum, be based on updated expenditure data, cost-of
756 living adjustments, market dynamics, or other catchment area
757 variations. The total of all amounts proposed for allocation to
758 lead agencies under the funding methodology for the subsequent
759 fiscal year may not exceed the total amount appropriated in the
760 General Appropriations Act for core services funding in the
761 present fiscal year. The funding methodology must include risk
762 mitigation strategies that ensure that lead agencies do not
763 experience a reduction in funding that would be detrimental to
764 operations or result in a reduction in services to children.
765 (6)(a) The requirements of this section do not replace, and
766 are in addition to, any requirements of chapter 216, including,
767 but not limited to, submission of final legislative budget
768 requests by the department under s. 216.023.
769 (b) The data and reports required under subsections (4) and
770 (5) may also include proposed rates and total allocations for
771 each lead agency which reflect any additional core services
772 funding for lead agencies which is requested by the department
773 under s. 216.023.
774 (7)(a) Beginning with the 2025-2026 fiscal year, the
775 Legislature shall allocate funding to lead agencies through the
776 General Appropriations Act with due consideration of the funding
777 methodology developed under this section.
778 (b) The department may not change the allocation of funds
779 to a lead agency as provided in the General Appropriations Act
780 without legislative approval. The department may approve
781 additional risk pool funding for a lead agency as provided under
782 s. 409.990.
783 (8) The department shall provide to the Governor, the
784 President of the Senate, and the Speaker of the House of
785 Representatives monthly reports from July through October 2024
786 which provide updates on activities and progress in developing
787 the funding methodology.
788 Section 23. Subsections (1) and (3) of section 409.992,
789 Florida Statutes, are amended to read:
790 409.992 Lead agency expenditures.—
791 (1) The procurement of commodities or contractual services
792 by lead agencies is shall be governed by the financial
793 guidelines developed by the department and must comply with
794 applicable state and federal law and follow good business
795 practices. Pursuant to s. 11.45, the Auditor General may provide
796 technical advice in the development of the financial guidelines.
797 (a)1. Lead agencies shall competitively procure all
798 contracts, consistent with the federal simplified acquisition
799 threshold.
800 2. Lead agencies shall competitively procure all contracts
801 in excess of $35,000 with related parties.
802 3. Financial penalties or sanctions, as established by the
803 department and incorporated into the contract, must be imposed
804 by the department for noncompliance with applicable local,
805 state, or federal law for the procurement of commodities or
806 contractual services.
807 (b) The contract between the department and the lead agency
808 must delineate the rights and obligations of the lead agency
809 concerning the acquisition, transfer, or other disposition of
810 real property. At a minimum, the contract must:
811 1. Require the lead agency to follow all federal law on the
812 acquisition, improvement, transfer, or disposition of real
813 property acquired by the lead agency using federal dollars.
814 2. Beginning July 1, 2024, require the department to
815 approve any sale, transfer, or disposition of real property
816 acquired and held by the lead agency using state funds.
817 (3) Notwithstanding any other provision of law, a
818 community-based care lead agency administrative employee may not
819 receive a salary, whether base pay or base pay combined with any
820 bonus or incentive payments, in excess of 150 percent of the
821 annual salary paid to the secretary of the Department of
822 Children and Families from state-appropriated funds, including
823 state-appropriated federal funds. This limitation applies
824 regardless of the number of contracts a community-based care
825 lead agency may execute with the department. This subsection
826 does not prohibit any party from providing cash that is not from
827 appropriated state funds to a community-based care lead agency
828 administrative employee.
829 Section 24. Paragraph (d) of subsection (1) of section
830 409.994, Florida Statutes, is amended to read:
831 409.994 Community-based care lead agencies; receivership.—
832 (1) The Department of Children and Families may petition a
833 court of competent jurisdiction for the appointment of a
834 receiver for a community-based care lead agency established
835 pursuant to s. 409.987 if any of the following conditions exist:
836 (d) The lead agency cannot meet, or is unlikely to meet,
837 its current financial obligations to its employees, contractors,
838 or foster parents. Issuance of bad checks or the existence of
839 delinquent obligations for payment of salaries, utilities, or
840 invoices for essential services or commodities constitutes shall
841 constitute prima facie evidence that the lead agency lacks the
842 financial ability to meet its financial obligations.
843 Section 25. Paragraph (d) of subsection (1) of section
844 409.996, Florida Statutes, is amended to read:
845 409.996 Duties of the Department of Children and Families.
846 The department shall contract for the delivery, administration,
847 or management of care for children in the child protection and
848 child welfare system. In doing so, the department retains
849 responsibility for the quality of contracted services and
850 programs and shall ensure that, at a minimum, services are
851 delivered in accordance with applicable federal and state
852 statutes and regulations and the performance standards and
853 metrics specified in the strategic plan created under s.
854 20.19(1).
855 (1) The department shall enter into contracts with lead
856 agencies for the performance of the duties by the lead agencies
857 established in s. 409.988. At a minimum, the contracts must do
858 all of the following:
859 (d) Provide for contractual actions tiered interventions
860 and graduated penalties for failure to comply with contract
861 terms or in the event of performance deficiencies, as determined
862 appropriate by the department.
863 1. Such contractual actions must interventions and
864 penalties shall include, but are not limited to:
865 a.1. Enhanced monitoring and reporting.
866 b.2. Corrective action plans.
867 c.3. Requirements to accept technical assistance and
868 consultation from the department under subsection (6).
869 d.4. Financial penalties, as a matter of contract. The
870 financial penalties assessed by the department on the lead
871 agency revert to the state which shall require a lead agency to
872 reallocate funds from administrative costs to direct care for
873 children.
874 e.5. Early termination of contracts, as provided in s.
875 402.7305(3)(f) s. 402.1705(3)(f).
876 2. No later than January 1, 2025, the department shall
877 ensure that each lead agency contract executed includes a list
878 of financial penalties for failure to comply with contractual
879 requirements.
880 Section 26. By September 30, 2024, and February 1, 2025,
881 respectively, the Department of Children and Families shall
882 submit a report to the Governor, the President of the Senate,
883 and the Speaker of the House of Representatives on rules and
884 policies adopted and other actions taken to implement this act.
885 Section 27. There is established the Future of Child
886 Protection Contracting and Funding Workgroup within the
887 Department of Children and Families. The department shall
888 convene the workgroup and is responsible for producing and
889 submitting a report of the workgroup’s findings and
890 recommendations to the Governor, the President of the Senate,
891 and the Speaker of the House of Representatives by October 15,
892 2025.
893 (1)(a) The Secretary of Children and Families, or his or
894 her designee, shall chair the workgroup and shall invite the
895 following persons to participate as members of the workgroup:
896 1. The Secretary of Health Care Administration, or his or
897 her designee.
898 2. The Secretary of Management Services, or his or her
899 designee.
900 (b) The Secretary of Children and Families, or his or her
901 designee, shall appoint the following individuals as members of
902 the workgroup:
903 1. An employee of a community-based care lead agency with
904 executive-level experience.
905 2. A current contractor for lead agency child protection
906 services.
907 3. Two representatives of a direct provider of child
908 protection or child welfare services.
909 4. A member of the Family Law Section of The Florida Bar or
910 a member of the court exercising jurisdiction over family law
911 matters.
912 5. A representative of a for-profit managed care entity.
913 6. A representative from the Florida Institute for Child
914 Welfare.
915 7. Any additional members the department deems appropriate.
916 (2) The report submitted by the department must, at a
917 minimum:
918 (a) Examine the current contracting methods for the
919 provision of all foster care and related services.
920 (b) Consider the unique regional needs of children and
921 families at risk of abuse and neglect.
922 (c) Identify current barriers to implementing federally
923 approved Title IV-E prevention services.
924 (d) Recommend changes to existing laws, rules, and policies
925 necessary to implement the workgroup’s recommendations.
926 (3) The workgroup shall terminate immediately after the
927 Secretary of Children and Families submits the report to the
928 Governor, the President of the Senate, and the Speaker of the
929 House of Representatives.
930 Section 28. This act shall take effect July 1, 2024.
931
932 ================= T I T L E A M E N D M E N T ================
933 And the title is amended as follows:
934 Delete everything before the enacting clause
935 and insert:
936 A bill to be entitled
937 An act relating to transparency in health and human
938 services; amending s. 95.11, F.S.; establishing a 3
939 year statute of limitations for an action to collect
940 medical debt for services rendered by a health care
941 provider or facility; creating s. 222.26, F.S.;
942 providing additional personal property exemptions from
943 legal process for medical debts resulting from
944 services provided in certain licensed facilities;
945 amending s. 395.301, F.S.; requiring a licensed
946 facility to post on its website a consumer-friendly
947 list of standard charges for a minimum number of
948 shoppable health care services or a price estimator
949 tool meeting certain requirements; providing
950 definitions; requiring a licensed facility to provide
951 an estimate to a patient or prospective patient and
952 the patient’s health insurer within specified
953 timeframes; requiring a licensed facility to establish
954 an internal grievance process for patients to dispute
955 charges; requiring a facility to make available
956 information necessary for initiating a grievance;
957 requiring a facility to respond to a patient grievance
958 within a specified timeframe; requiring a licensed
959 facility to disclose specified information relating to
960 cost-sharing obligations to certain persons; providing
961 a penalty; creating s. 395.3011, F.S.; defining the
962 term “extraordinary collection action”; prohibiting
963 certain collection activities by a licensed facility;
964 amending s. 624.27, F.S.; revising the definition of
965 the term “health care provider”; creating s. 627.446,
966 F.S.; defining the term “health insurer”; requiring
967 each health insurer to provide insureds with an
968 advanced explanation of benefits within specified
969 timeframes; providing requirements for the advanced
970 explanation of benefits; amending ss. 627.6387 and
971 627.6648, F.S.; revising the definition of the term
972 “health insurer”; providing that a shared savings
973 incentive offered by a health insurer constitutes a
974 medical expense for rate development and rate filing
975 purposes for individual and group health insurance
976 policies, respectively; amending s. 641.31076, F.S.;
977 revising the definition of the term “health
978 maintenance organization”; providing that a shared
979 savings incentive offered by a health maintenance
980 organization constitutes a medical expense for rate
981 development and rate filing purposes for individual or
982 group health maintenance contracts; amending ss.
983 475.01, 475.611, 517.191, 768.28, and 787.061, F.S.;
984 conforming provisions to changes made by the act;
985 providing applicability; requiring the Agency for
986 Health Care Administration and the Office of Insurance
987 Regulation to notify the Division of Law Revision upon
988 the promulgation of certain federal rules; amending s.
989 409.016, F.S.; defining the term “management
990 functions”; amending s. 409.987, F.S.; revising
991 requirements for contracts the Department of Children
992 and Families has with community-based care lead
993 agencies; providing duties for board members of lead
994 agencies; requiring lead agencies to ensure that board
995 members participate in certain annual training;
996 requiring the posting of a fidelity bond; revising the
997 definition of the term “conflict of interest”;
998 defining the term “related party”; requiring the lead
999 agency’s board of directors to disclose to the
1000 department any known actual or potential conflicts of
1001 interest; prohibiting a lead agency from entering into
1002 a contract or being a party to any transaction with
1003 related parties if a conflict of interest is not
1004 properly disclosed; prohibiting a lead agency from
1005 entering into a contract or being a party to any
1006 transaction with related parties for officer-level or
1007 director-level staffing to perform management
1008 functions; requiring that the contract with the
1009 department and the lead agency specify the
1010 administrative functions that the lead agency may
1011 subcontract; authorizing a lead agency to enter into
1012 certain contracts or be a party to certain
1013 transactions, provided that a certain requirement for
1014 fees, rates, and prices paid is met and any conflict
1015 of interest is properly disclosed; requiring that
1016 department contracts impose contractual penalties on
1017 lead agencies for undisclosed conflicts of interest;
1018 providing applicability; requiring that certain
1019 contracts be reprocured; authorizing the department to
1020 recoup lead agency expenses for the execution of
1021 certain contracts; amending s. 409.988, F.S.; revising
1022 lead agency duties; specifying requirements for and
1023 limitations on an exemption for lead agencies from
1024 certain contract requirements; providing for renewal
1025 of the exemption; authorizing the department to deny
1026 an exemption renewal request under certain
1027 circumstances; requiring such lead agencies to undergo
1028 an operational audit by the Auditor General;
1029 specifying requirements for the audit; requiring the
1030 Auditor General to conduct such audits upon
1031 notification by the department; repealing s. 409.991,
1032 F.S., relating to allocation of funds for community
1033 based care lead agencies; creating s. 409.9913, F.S.;
1034 defining the terms “core services funding” and
1035 “operational and fixed costs”; requiring the
1036 department, in collaboration with the lead agencies
1037 and providers of child welfare services, to develop a
1038 specific funding methodology for the allocation of
1039 core services which must meet certain criteria;
1040 requiring the lead agencies and providers of child
1041 welfare services to submit to the department certain
1042 financial information; requiring the department to
1043 submit to the Governor and the Legislature certain
1044 reports by specified dates; providing construction;
1045 authorizing the department to include certain rates
1046 and total allocations in certain reports; requiring
1047 the Legislature to allocate funding to the lead
1048 agencies with due consideration of the specified
1049 funding methodology, beginning with a specified fiscal
1050 year; prohibiting the department from changing a lead
1051 agency’s allocation of funds provided in the General
1052 Appropriations Act without legislative approval;
1053 authorizing the department to approve certain risk
1054 pool funding for a lead agency; requiring the
1055 department to submit to the Governor and the
1056 Legislature certain monthly reports for a specified
1057 period of time; amending s. 409.992, F.S.; revising
1058 requirements for lead agency practices in the
1059 procurement of commodities and contractual services;
1060 requiring the department to impose certain penalties
1061 for a lead agency’s noncompliance with applicable
1062 procurement law; requiring that the contract between
1063 the department and the lead agency specify the rights
1064 and obligations with regard to real property held by
1065 the lead agency during the term of the contract;
1066 providing applicability of certain limitations on the
1067 salaries of community-based care lead agency
1068 administrative employees; amending s. 409.994, F.S.;
1069 revising the conditions under which the department may
1070 petition a court for the appointment of a receiver for
1071 a community-based care lead agency; amending s.
1072 409.996, F.S.; revising requirements for contracts
1073 between the department and lead agencies; revising the
1074 actions the department may take under certain
1075 circumstances; making a technical change; providing
1076 duties of the department; requiring the department, by
1077 specified dates, to submit certain reports to the
1078 Governor and the Legislature; establishing the Future
1079 of Child Protection Contracting and Funding Workgroup
1080 within the department; requiring the department to
1081 convene the workgroup and submit a report to the
1082 Governor and the Legislature by a specified date;
1083 providing for membership of the workgroup; specifying
1084 requirements for the report; terminating the workgroup
1085 upon the submission of the report; providing an
1086 effective date.