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         222.26Additional 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         395.3011Billing 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         627.446Advanced 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         409.9913Funding 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.