Senate Bill 0660c1

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    Florida Senate - 1999                            CS for SB 660

    By the Committee on Children and Families; and Senators
    Brown-Waite and McKay




    300-1660A-99

  1                      A bill to be entitled

  2         An act relating to foster care and related

  3         services; amending s. 409.1671, F.S.; providing

  4         that the department transfer to the lead agency

  5         documented federal funds earned by the agency

  6         in excess of the amount specified in the

  7         contract; providing that the earned federal

  8         funds be used for providing additional child

  9         welfare services; providing that the contract

10         be amended to permit expenditure of federal

11         funds; specifying that an agency that provides

12         foster care and related services pursuant to s.

13         409.1671, F.S., under contract with the

14         Department of Children and Family Services is

15         an instrumentality of the state; providing

16         limitations on certain tort actions brought

17         against the provider; requiring that a contract

18         provide for indemnification of the department

19         and the state due to negligence of the provider

20         or a subcontractor; providing an effective

21         date.

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23  Be It Enacted by the Legislature of the State of Florida:

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25         Section 1.  Paragraph (a) of subsection (1) of section

26  409.1671, Florida Statutes, 1998 Supplement, is amended and

27  subsection (5) is added to that section to read:

28         409.1671  Foster care and related services;

29  privatization.--

30         (1)(a)  It is the intent of the Legislature that the

31  Department of Children and Family Services shall privatize the

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    Florida Senate - 1999                            CS for SB 660
    300-1660A-99




  1  provision of foster care and related services statewide. As

  2  used in this section, the term "privatize" means to contract

  3  with competent, community-based agencies.  The department

  4  shall submit a plan to accomplish privatization statewide,

  5  through a competitive process, phased in over a 3-year period

  6  beginning January 1, 2000. This plan is to be submitted by

  7  July 1, 1999, to the President of the Senate, the Speaker of

  8  the House of Representatives, the Governor, and the minority

  9  leaders of both houses. This plan must be developed with local

10  community participation, including, but not limited to, input

11  from community-based providers that are currently under

12  contract with the department to furnish community-based foster

13  care and related services, and must include a methodology for

14  determining and transferring all available funds, including

15  federal funds that the provider is eligible for and agrees to

16  earn and that portion of general revenue funds which is

17  currently associated with the services that are being

18  furnished under contract. Notwithstanding the provisions of s.

19  215.425, the department shall transfer to the lead agency in

20  the district in which the funds were earned all documented

21  federal funds that it receives as a result of foster care and

22  related services furnished by a lead agency and that exceed

23  the amount identified in the contract for services to the lead

24  agency. The lead agency shall use any such funds for the sole

25  purpose of providing additional child welfare services in the

26  district in which the funds were earned. The department shall

27  amend the lead agency's contract to permit expenditure of

28  these funds.  The methodology must provide for the transfer of

29  funds appropriated and budgeted for all services and programs

30  that have been incorporated into the project, including all

31  management, capital (including current furniture and

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    Florida Senate - 1999                            CS for SB 660
    300-1660A-99




  1  equipment), and administrative funds to accomplish the

  2  transfer of these programs. This methodology must address

  3  expected workload and at least the 3 previous years'

  4  experience in expenses and workload. With respect to any

  5  district or portion of a district in which privatization

  6  cannot be accomplished within the 3-year timeframe, the

  7  department must clearly state in its plan the reasons the

  8  timeframe cannot be met and the efforts that should be made to

  9  remediate the obstacles, which may include alternatives to

10  total privatization, such as public-private partnerships. As

11  used in this section, the term "related services" means family

12  preservation, independent living, emergency shelter,

13  residential group care, foster care, therapeutic foster care,

14  intensive residential treatment, foster care supervision, case

15  management, postplacement supervision, permanent foster care,

16  and family reunification. Unless otherwise provided for,

17  beginning in fiscal year 1999-2000, either the state attorney

18  or the Office of the Attorney General shall provide child

19  welfare legal services, pursuant to chapter 39 and other

20  relevant provisions, in Sarasota, Pinellas, Pasco, and Manatee

21  Counties.  Such legal services shall commence and be

22  effective, as soon as determined reasonably feasible by the

23  respective state attorney or the Office of the Attorney

24  General, after the privatization of associated programs and

25  child protective investigations has occurred.  When a private

26  nonprofit agency has received case management

27  responsibilities, transferred from the state under this

28  section, for a child who is sheltered or found to be dependent

29  and who is assigned to the care of the privatization project,

30  the agency may act as the child's guardian for the purpose of

31  registering the child in school if a parent or guardian of the

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    Florida Senate - 1999                            CS for SB 660
    300-1660A-99




  1  child is unavailable and his or her whereabouts cannot

  2  reasonably be ascertained. The private nonprofit agency may

  3  also seek emergency medical attention for such a child, but

  4  only if a parent or guardian of the child is unavailable, his

  5  or her whereabouts cannot reasonably be ascertained, and a

  6  court order for such emergency medical services cannot be

  7  obtained because of the severity of the emergency or because

  8  it is after normal working hours. However, the provider may

  9  not consent to sterilization, abortion, or termination of life

10  support. If a child's parents' rights have been terminated,

11  the nonprofit agency shall act as guardian of the child in all

12  circumstances.

13         (5)  Any community-based agency that provides foster

14  care and related services to children and families under

15  contract with the Department of Children and Family Services

16  pursuant to s. 409.1671 is deemed to be a corporation acting

17  primarily as an instrumentality of the state, and the

18  limitations on tort actions contained in s. 768.28 apply to

19  any action brought against the community-based agency with

20  respect to such foster care and related services if the agency

21  is acting within the scope of and pursuant to guidelines

22  established in the contract with or by rule of the Department

23  of Children and Family Services. A contract with the

24  Department of Children and Family Services covered by this

25  section must provide for the indemnification of the department

26  and the state by the agency for any liabilities actually

27  incurred by the department or the state due to the intentional

28  or negligent acts or omissions of the community-based agency,

29  its employees, or subcontractors, up to the limits established

30  in s. 768.28 in addition to all defense costs and reasonable

31  attorney's fees incurred by the department or the state.

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    Florida Senate - 1999                            CS for SB 660
    300-1660A-99




  1         Section 2.  This act shall take effect upon becoming a

  2  law.

  3

  4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  5                              SB 660

  6

  7  Amends s. 409.1671, F.S., clarifying that community-based
    agencies under contract with the Department of Children and
  8  Family Services to provide foster care and related services
    pursuant to s. 409.1671, F.S., are deemed an instrumentality
  9  of the state.

10  Specifies that limitations on tort actions contained in s.
    768.28, F.S., apply only to those foster care and related
11  services which the community-based agency provides under
    contract with the department.
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    Specifies that limitations on tort actions contained in s.
13  768.28, F.S., will apply to persons or agencies that
    subcontract with the community-based agency to provide
14  services required in the agency's contract with the
    department.
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    Specifies that the department must transfer federal funds that
16  are earned by the community-based agency in excess of those
    specified in the contract to that agency in the district in
17  which the funds were earned.

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