Senate Bill sb2054
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Florida Senate - 2003 SB 2054
By Senator Lynn
7-1252C-03
1 A bill to be entitled
2 An act relating to community-based social
3 services initiatives; creating s. 409.033,
4 F.S.; providing legislative intent that local
5 government matching funds shall be used to the
6 extent possible to match federal funding where
7 state funding is inadequate to use such federal
8 funding; requiring agencies to create plans to
9 utilize local matching funds; making
10 participation by local governments voluntary;
11 requiring reports; amending s. 409.1671, F.S.;
12 authorizing the transfer of funds for child
13 welfare legal services to community-based
14 providers; deleting the requirement for
15 contracts for legal services in certain
16 counties; requiring certain actions by a
17 technical assistance team prior to a lead
18 community-based provider services contract
19 being signed; decreasing the amount of
20 automobile liability insurance required of
21 certain community-based care providers and the
22 amount of economic damages which may be
23 claimed; deleting certain termination of
24 services notice requirements; requiring the
25 payment of certain administrative costs
26 incurred by lead community-based providers;
27 amending s. 409.16745, F.S.; changing
28 eligibility requirements for participation in
29 the community partnership matching grant
30 program; amending s. 409.175, F.S.; providing
31 for an assessment by a family services
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1 counselor and approval by a supervisor, rather
2 than a comprehensive behavioral health
3 assessment, of children in certain family
4 foster homes; providing an effective date.
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6 Be It Enacted by the Legislature of the State of Florida:
7
8 Section 1. Section 409.033, Florida Statutes, is
9 created to read:
10 409.033 Maximization of local matching revenues.--
11 (1) LEGISLATIVE INTENT.--
12 (a)1. The Legislature recognizes that state funds do
13 not fully utilize federal funding matching opportunities for
14 health and human services needs. It is the intent of the
15 Legislature to utilize certified local funding for federal
16 matching programs to the fullest extent possible to maximize
17 federal funding of local preventive services and local child
18 development programs in the State of Florida. To that end, the
19 Legislature expects that state agencies will take a proactive
20 approach in implementing this legislative priority.
21 2. It is further the intent of the Legislature that
22 this section shall be implemented in a revenue-neutral manner
23 with respect to state funds.
24 (b) It is the intent of the Legislature that revenue
25 maximization opportunities using certified local funding shall
26 occur only after available state funds have been utilized to
27 generate matching federal funding for the state.
28 (c) It is the intent of the Legislature that
29 participation in revenue maximization is to be on a voluntary
30 basis for local political subdivisions.
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1 (d) It is the intent of the Legislature that certified
2 local funding for federal matching programs not supplant or
3 replace state funds.
4 (2) REVENUE MAXIMIZATION PROGRAM.--
5 (a) For purposes of this section, "agency" shall mean
6 any state agency involved in providing health, social, or
7 human services, including, but not limited to, the Agency for
8 Health Care Administration, the Agency for Workforce
9 Innovation, the Department of Children and Family Services,
10 the Department of Elderly Affairs, the Department of Juvenile
11 Justice, and the Florida Board of Education.
12 (b) Each agency is directed to establish programs and
13 mechanisms designed to maximize the use of local funding for
14 federal programs in accordance with this section.
15 (c) The use of local matching funds under this section
16 shall be limited to public revenue funds of local political
17 subdivisions, including, but not limited to, counties, cities,
18 and special districts. To the extent permitted by federal law,
19 funds donated to such local political subdivisions by private
20 entities or individuals shall be considered to be public
21 revenue funds available for matching federal funding.
22 (d) Subject to the provisions of paragraph (f), any
23 federal reimbursement received as a result of the
24 certification of local matching funds shall, unless otherwise
25 specifically prohibited by federal or state law or by the
26 General Appropriations Act, be returned by check or wire
27 transfer to the local political subdivision providing such
28 funding, with the local political subdivision being provided
29 an annual accounting of federal reimbursements received by the
30 state or its agencies as a result of the certification of the
31 local political subdivision's matching funds. The receipt by a
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1 local political subdivision of such matching funds shall not
2 in any way influence or be used as a factor in developing any
3 agency's annual operating budget allocation methodology or
4 formula or any subsequent budget amendment allocations or
5 formulas. Where necessary, agreements with an agency and the
6 local political subdivision to accomplish such purpose shall
7 be established. Such agreements may provide that the local
8 political subdivision is responsible to:
9 1. Verify the eligibility of the local program or
10 programs and the individuals served thereby to qualify for
11 federal matching funds.
12 2. Develop and maintain the financial records needed
13 to document the appropriate use of federal matching funds.
14 3. Comply with all applicable state and federal laws,
15 regulations, and rules regulating such federal services.
16 4. Reimburse the cost for any disallowance of federal
17 funding previously provided to a local political subdivision
18 resulting from failure of that local political subdivision to
19 comply with applicable state or federal laws, rules, or
20 regulations.
21 (e) Each agency, as applicable, shall work with local
22 political subdivisions to modify any state plans and seek and
23 implement any federal waivers necessary to implement this
24 section. If such modifications or waivers require the approval
25 of the Legislature, the agency, as applicable, shall draft
26 such legislation and present it to the President of the Senate
27 and the Speaker of the House of Representatives and to the
28 respective fiscal committee chairs of the Senate and the House
29 of Representatives by January 1, 2004, and, as applicable,
30 annually thereafter.
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1 (f) Except as otherwise provided by law, each agency,
2 as applicable, prior to distribution of funds generated under
3 this section to any local political subdivision, may deduct
4 the actual administrative cost for implementing and monitoring
5 the local match program, but in no event may such
6 administrative cost exceed 5 percent of the total federal
7 reimbursement funding to be provided to the local political
8 subdivision under paragraph (d).
9 (g) Each agency shall annually prepare a report to be
10 submitted to the Governor, the President of the Senate, and
11 the Speaker of the House of Representatives no later than
12 January 1st documenting the specific activities undertaken
13 during the previous fiscal year pursuant to this section. The
14 report shall include, but not be limited to:
15 1. The total amount of federal matching funds
16 generated by local match funds under this section, reported by
17 federal funding source.
18 2. The total amount of block grant funds expended
19 during the prior fiscal year, reported by federal funding
20 source.
21 3. The total amount for federal matching fund
22 programs, including, but not limited to, Temporary Assistance
23 for Needy Families and Child Care and Development Fund of
24 unobligated funds and unliquidated funds, both as of the close
25 of the prior federal fiscal year.
26 4. The amount of unliquidated funds in danger of being
27 returned to the Federal Government at the end of the current
28 federal fiscal year.
29 5. A detailed plan and timeline to spend any
30 unobligated and unliquidated funds by the end of the current
31 federal fiscal year.
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1 Section 2. Paragraphs (a), (b), (f), and (h) of
2 subsection (1) and subsections (3) and (4) of section
3 409.1671, Florida Statutes, are amended to read:
4 409.1671 Foster care and related services;
5 privatization.--
6 (1)(a) It is the intent of the Legislature that the
7 Department of Children and Family Services shall privatize the
8 provision of foster care and related services statewide. It is
9 further the Legislature's intent to encourage communities and
10 other stakeholders in the well-being of children to
11 participate in assuring that children are safe and
12 well-nurtured. However, while recognizing that some local
13 governments are presently funding portions of certain foster
14 care and related services programs and may choose to expand
15 such funding in the future, the Legislature does not intend by
16 its privatization of foster care and related services that any
17 county, municipality, or special district be required to
18 assist in funding programs that previously have been funded by
19 the state. Nothing in this paragraph prohibits any county,
20 municipality, or special district from future voluntary
21 funding participation in foster care and related services. As
22 used in this section, the term "privatize" means to contract
23 with competent, community-based agencies. The department shall
24 submit a plan to accomplish privatization statewide, through a
25 competitive process, phased in over a 3-year period beginning
26 January 1, 2000. This plan must be developed with local
27 community participation, including, but not limited to, input
28 from community-based providers that are currently under
29 contract with the department to furnish community-based foster
30 care and related services, and must include a methodology for
31 determining and transferring all available funds, including
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1 federal funds that the provider is eligible for and agrees to
2 earn and that portion of general revenue funds which is
3 currently associated with the services that are being
4 furnished under contract, and may include available funds for
5 child welfare legal services, in which case such legal
6 services may be provided by the community-based agency or
7 purchased from a public or a private nonprofit legal services
8 entity. For the purposes of this section, the term "child
9 welfare legal services" means the legal services and
10 representation provided by the state for legal actions
11 required to be performed pursuant to chapter 39. The
12 methodology must provide for the transfer of funds
13 appropriated and budgeted for all services and programs that
14 have been incorporated into the project, including all
15 management, capital (including current furniture and
16 equipment), and administrative funds to accomplish the
17 transfer of these programs. This methodology must address
18 expected workload and at least the 3 previous years'
19 experience in expenses and workload. With respect to any
20 district or portion of a district in which privatization
21 cannot be accomplished within the 3-year timeframe, the
22 department must clearly state in its plan the reasons the
23 timeframe cannot be met and the efforts that should be made to
24 remediate the obstacles, which may include alternatives to
25 total privatization, such as public-private partnerships. As
26 used in this section, the term "related services" includes,
27 but is not limited to, family preservation, independent
28 living, emergency shelter, residential group care, foster
29 care, therapeutic foster care, intensive residential
30 treatment, foster care supervision, case management,
31 postplacement supervision, permanent foster care, and family
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1 reunification. Unless otherwise provided for, beginning in
2 fiscal year 1999-2000, either the state attorney or the Office
3 of the Attorney General shall provide child welfare legal
4 services, pursuant to chapter 39 and other relevant
5 provisions, in Sarasota, Pinellas, Pasco, Broward, and Manatee
6 Counties. Such legal services shall commence and be
7 effective, as soon as determined reasonably feasible by the
8 respective state attorney or the Office of the Attorney
9 General, after the privatization of associated programs and
10 child protective investigations has occurred. When a private
11 nonprofit agency has received case management
12 responsibilities, transferred from the state under this
13 section, for a child who is sheltered or found to be dependent
14 and who is assigned to the care of the privatization project,
15 the agency may act as the child's guardian for the purpose of
16 registering the child in school if a parent or guardian of the
17 child is unavailable and his or her whereabouts cannot
18 reasonably be ascertained. The private nonprofit agency may
19 also seek emergency medical attention for such a child, but
20 only if a parent or guardian of the child is unavailable, his
21 or her whereabouts cannot reasonably be ascertained, and a
22 court order for such emergency medical services cannot be
23 obtained because of the severity of the emergency or because
24 it is after normal working hours. However, the provider may
25 not consent to sterilization, abortion, or termination of life
26 support. If a child's parents' rights have been terminated,
27 the nonprofit agency shall act as guardian of the child in all
28 circumstances.
29 (b) It is the intent of the Legislature that the
30 department will continue to work towards full privatization by
31 initiating the competitive procurement process in each county
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1 by January 1, 2003. In order to provide for an adequate
2 transition period to develop the necessary administrative and
3 service delivery capacity in each community, the full transfer
4 of all foster care and related services must be completed
5 statewide by December 31, 2004, except that no lead
6 community-based provider services contract may be signed until
7 a technical assistance team has assessed the lead agency's
8 readiness and determined in writing that the lead agency is
9 programmatically, financially, and otherwise fully competent
10 and ready to assume all responsibilities required in the
11 contract. The technical assistance team must include
12 experienced staff from successfully operating lead agencies
13 and departmental staff.
14 (f) Other than an entity to which s. 768.28 applies,
15 any eligible lead community-based provider, as defined in
16 paragraph (c), or its employees or officers, except as
17 otherwise provided in paragraph (g), must, as a part of its
18 contract, obtain a minimum of $1 million per claim/$3 million
19 per incident in general liability insurance coverage. The
20 eligible lead community-based provider must also require that
21 staff who transport client children and families in their
22 personal automobiles in order to carry out their job
23 responsibilities obtain minimum bodily injury liability
24 insurance in the amount of $25,000 $100,000 per claim, $50,000
25 $300,000 per incident, on their personal automobiles. In any
26 tort action brought against such an eligible lead
27 community-based provider or employee, net economic damages
28 shall be limited to $1 million per liability claim and $25,000
29 $100,000 per automobile claim, including, but not limited to,
30 past and future medical expenses, wage loss, and loss of
31 earning capacity, offset by any collateral source payment paid
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1 or payable. In any tort action brought against such an
2 eligible lead community-based provider, noneconomic damages
3 shall be limited to $200,000 per claim. A claims bill may be
4 brought on behalf of a claimant pursuant to s. 768.28 for any
5 amount exceeding the limits specified in this paragraph. Any
6 offset of collateral source payments made as of the date of
7 the settlement or judgment shall be in accordance with s.
8 768.76. The lead community-based provider shall not be liable
9 in tort for the acts or omissions of its subcontractors or the
10 officers, agents, or employees of its subcontractors.
11 (h) Any subcontractor of an eligible lead
12 community-based provider, as defined in paragraph (c), which
13 is a direct provider of foster care and related services to
14 children and families, and its employees or officers, except
15 as otherwise provided in paragraph (g), must, as a part of its
16 contract, obtain a minimum of $1 million per claim/$3 million
17 per incident in general liability insurance coverage. The
18 subcontractor of an eligible lead community-based provider
19 must also require that staff who transport client children and
20 families in their personal automobiles in order to carry out
21 their job responsibilities obtain minimum bodily injury
22 liability insurance in the amount of $25,000 $100,000 per
23 claim, $50,000 $300,000 per incident, on their personal
24 automobiles. In any tort action brought against such
25 subcontractor or employee, net economic damages shall be
26 limited to $1 million per liability claim and $25,000 $100,000
27 per automobile claim, including, but not limited to, past and
28 future medical expenses, wage loss, and loss of earning
29 capacity, offset by any collateral source payment paid or
30 payable. In any tort action brought against such
31 subcontractor, noneconomic damages shall be limited to
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1 $200,000 per claim. A claims bill may be brought on behalf of
2 a claimant pursuant to s. 768.28 for any amount exceeding the
3 limits specified in this paragraph. Any offset of collateral
4 source payments made as of the date of the settlement or
5 judgment shall be in accordance with s. 768.76.
6 (3)(a) In order to help ensure a seamless child
7 protection system, the department shall ensure that contracts
8 entered into with community-based agencies pursuant to this
9 section include provisions for a case-transfer process to
10 determine the date that the community-based agency will
11 initiate the appropriate services for a child and family. This
12 case-transfer process must clearly identify the closure of the
13 protective investigation and the initiation of service
14 provision. At the point of case transfer, and at the
15 conclusion of an investigation, the department must provide a
16 complete summary of the findings of the investigation to the
17 community-based agency.
18 (b) The contracts must also ensure that each
19 community-based agency shall furnish information on its
20 activities in all cases in client case records. A provider may
21 not discontinue services on any voluntary case without prior
22 written notification to the department 30 days before planned
23 case closure. If the department disagrees with the recommended
24 case closure date, written notification to the provider must
25 be provided before the case closure date.
26 (c) The contract between the department and
27 community-based agencies must include provisions that specify
28 the procedures to be used by the parties to resolve
29 differences in interpreting the contract or to resolve
30 disputes as to the adequacy of the parties' compliance with
31 their respective obligations under the contract.
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1 (d) Each contract with an eligible lead
2 community-based provider shall provide for the payment by the
3 department to the provider of a reasonable administrative cost
4 in addition to funding for the provision of services.
5 (4)(a) The department shall establish a quality
6 assurance program for privatized services. The quality
7 assurance program shall be based on standards established by a
8 national accrediting organization such as the Council on
9 Accreditation of Services for Families and Children, Inc.
10 (COA) or CARF--the Rehabilitation Accreditation Commission.
11 The department may develop a request for proposal for such
12 oversight. This program must be developed and administered at
13 a statewide level. The Legislature intends that the department
14 be permitted to have limited flexibility to use funds for
15 improving quality assurance. To this end, effective January 1,
16 2000, the department may transfer up to 0.125 percent of the
17 total funds from categories used to pay for these
18 contractually provided services, but the total amount of such
19 transferred funds may not exceed $300,000 in any fiscal year.
20 When necessary, the department may establish, in accordance
21 with s. 216.177, additional positions that will be exclusively
22 devoted to these functions. Any positions required under this
23 paragraph may be established, notwithstanding ss.
24 216.262(1)(a) and 216.351. The department, in consultation
25 with the community-based agencies that are undertaking the
26 privatized projects, shall establish minimum thresholds for
27 each component of service, consistent with standards
28 established by the Legislature and the Federal Government.
29 Each program operated under contract with a community-based
30 agency must be evaluated annually by the department. The
31 department shall submit an annual report regarding quality
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1 performance, outcome measure attainment, and cost efficiency
2 to the President of the Senate, the Speaker of the House of
3 Representatives, the minority leader of each house of the
4 Legislature, and the Governor no later than January 31 of each
5 year for each project in operation during the preceding fiscal
6 year.
7 (b) The department shall use these findings in making
8 recommendations to the Governor and the Legislature for future
9 program and funding priorities in the child welfare system.
10 Section 3. Section 409.16745, Florida Statutes, is
11 amended to read:
12 409.16745 Community partnership matching grant
13 program.--It is the intent of the Legislature to improve
14 services and local participation in community-based care
15 initiatives by fostering community support and providing
16 enhanced prevention and in-home services, thereby reducing the
17 risk otherwise faced by lead agencies. There is established a
18 community partnership matching grant program to be operated by
19 the Department of Children and Family Services for the purpose
20 of encouraging local participation in community-based care for
21 child welfare. Any children's services council or other local
22 government entity that makes a financial commitment to a
23 community-based care lead agency is eligible for a grant upon
24 proof that the children's services council or local government
25 entity has provided the selected lead agency at least $250,000
26 $825,000 in start up funds, from any local resources otherwise
27 available to it. The total amount of local contribution may be
28 matched on a two-for-one basis up to a maximum amount of $2
29 million per council or local government entity. Awarded
30 matching grant funds may be used for any prevention or in-home
31 services provided by the children's services council or other
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1 local government entity that meets
2 temporary-assistance-for-needy-families' eligibility
3 requirements and can be reasonably expected to reduce the
4 number of children entering the child welfare system. To
5 ensure necessary flexibility for the development, start up,
6 and ongoing operation of community-based care initiatives, the
7 notice period required for any budget action authorized by the
8 provisions of s. 20.19(5)(b), is waived for the family safety
9 program; however, the Department of Children and Family
10 Services must provide copies of all such actions to the
11 Executive Office of the Governor and Legislature within 72
12 hours of their occurrence. Funding available for the matching
13 grant program is subject to legislative appropriation of
14 nonrecurring temporary-assistance-for-needy-families funds
15 provided for the purpose.
16 Section 4. Subsection (3) of section 409.175, Florida
17 Statutes, is amended to read:
18 409.175 Licensure of family foster homes, residential
19 child-caring agencies, and child-placing agencies.--
20 (3)(a) The total number of children placed in each
21 family foster home shall be based on the recommendation of the
22 department, or the community-based care lead agency where one
23 is providing foster care and related services, based on the
24 needs of each child in care, the ability of the foster family
25 to meet the individual needs of each child, including any
26 adoptive or biological children living in the home, the amount
27 of safe physical plant space, the ratio of active and
28 appropriate adult supervision, and the background, experience,
29 and skill of the family foster parents.
30 (b) If the total number of children in a family foster
31 home will exceed five, including the family's own children, an
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1 assessment a comprehensive behavioral health assessment of
2 each child to be placed in the home must be completed by a
3 family services counselor and approved in writing by the
4 counselor's supervisor prior to placement of any additional
5 children in the home, except that, if the placement involves a
6 child whose sibling is already in the home or a child who has
7 been in placement in the home previously, the assessment must
8 be completed within 72 hours after placement. The
9 comprehensive behavioral health assessment must comply with
10 Medicaid rules and regulations, assess and document the
11 mental, physical, and psychosocial needs of the child, and
12 recommend the maximum number of children in a family foster
13 home that will allow the child's needs to be met.
14 (c) For any licensed family foster home, the
15 appropriateness of the number of children in the home must be
16 reassessed annually as part of the relicensure process. For a
17 home with more than five children, if it is determined by the
18 licensure study at the time of relicensure that the total
19 number of children in the home is appropriate and that there
20 have been no substantive licensure violations and no
21 indications of child maltreatment or child-on-child sexual
22 abuse within the past 12 months, the relicensure of the home
23 shall not be denied based on the total number of children in
24 the home.
25 Section 5. This act shall take effect July 1, 2003.
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2 SENATE SUMMARY
3 Requires state agencies to establish programs and
mechanisms to maximize the use of local funding for
4 federal programs. Requires reports to the Legislature.
Provides for certain funds for legal services to be
5 transferred to community-based providers. Decreases the
amount of automobile liability insurance required for
6 certain providers. Decreases the amount of economic
damages which may be claimed. Revises certain assessments
7 required prior to placing a child in a family foster
home. (See bill for details.)
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