Florida Senate - 2016 SB 1200
By Senator Bean
4-00841A-16 20161200__
1 A bill to be entitled
2 An act relating to the Pay-for-Success Contract
3 Program; defining terms; requiring the Department of
4 Management Services to oversee a Pay-for-Success
5 Contract Program; authorizing the department,
6 contingent upon funding, to negotiate and enter into
7 contracts with private entities to fund high-quality
8 programs; specifying the duties of the department;
9 requiring the Office of Economic and Demographic
10 Research to provide information to the department to
11 assist in determining performance outcome measures;
12 specifying contract requirements; requiring an
13 independent evaluator to determine whether the
14 performance outcome measures in a contract have been
15 met; requiring the private entity to annually report
16 to the department; requiring the office to estimate
17 cost savings at the request of the department;
18 providing that a high-quality program is not a
19 procurement item; providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Pay for success.—
24 (1) As used in this section, the term:
25 (a) “Pay-for-success contract” or “contract” means a
26 contract entered into between the Department of Management
27 Services and a private entity to fund a high-quality program
28 specified in the General Appropriations Act. Under the contract,
29 the private entity shall secure private-sector funding for the
30 implementation of the program and shall enter into separate
31 contracts with private providers to implement the identified
32 program.
33 (b) “Private entity” means a private, not-for-profit
34 organization that enters into a pay-for-success contract with a
35 service provider.
36 (c) “Success payment” means the amount paid to a private
37 entity that meets the performance outcome measures established
38 in a pay-for-success contract.
39 (2) The Department of Management Services shall oversee a
40 Pay-for-Success Contract Program. The department may, contingent
41 upon authorization in the General Appropriations Act, negotiate
42 and enter into a pay-for-success contract with a private entity
43 that is selected through a competitive process. The contract may
44 be initiated in one fiscal year and continue into the next
45 fiscal year and may be paid from the appropriations of one or
46 both fiscal years. The department shall:
47 (a) Determine performance outcome measures that must be
48 included in the contract. The Office of Economic and Demographic
49 Research and the appropriate state agency shall provide
50 information to the department to assist in the determination of
51 these measures.
52 (b) Determine the data to be included in an annual report
53 filed by a private entity pursuant to subsection (5).
54 (c) Select an independent, nationally recognized evaluator
55 through a request for proposals process to annually evaluate the
56 performance outcome measures specified in the contract.
57 (d) Ensure that participants of the high-quality program or
58 their guardians have given permission and signed an
59 acknowledgment that participant data may be shared with an
60 independent evaluator for research and evaluation purposes and
61 maintain documentation of the required acknowledgements.
62 (3) A pay-for-success contract must:
63 (a) Be limited to high-quality programs specified in the
64 General Appropriations Act.
65 (b) Require that funding for implementation is provided by
66 the private sector.
67 (c) Require an independent evaluator to determine whether
68 the specified performance outcomes have been achieved.
69 (d) Require a success payment, consistent with the General
70 Appropriations Act, only if the specified performance outcome
71 measures are achieved.
72 (e) Prohibit the private entity from receiving or viewing
73 any personally identifiable participant information.
74 (4) At the direction of the Department of Management
75 Services, an independent evaluator shall determine whether the
76 performance outcome measures specified in the contract have been
77 met. If the performance outcome measures have been met, the
78 department may authorize a success payment to the private
79 entity.
80 (5) A private entity that receives a repayment of an
81 investment or a success payment pursuant to a contract entered
82 into under this section shall annually report to the Department
83 of Management Services for the duration of the contract period.
84 (6) At the request of the Department of Management
85 Services, the Office of Economic and Demographic Research shall
86 estimate the total cost savings related to the high-quality
87 program.
88 (7) Funding obtained for a high-quality program under this
89 section is not a procurement item under s. 287.057, Florida
90 Statutes.
91 Section 2. This act shall take effect upon becoming a law.