HB 0475, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to human services; amending s. 39.202,
3	F.S.; clarifying a right to access to records for certain
4	attorneys and providing a right to access for school
5	principals and certain school employees; authorizing the
6	Department of Children and Family Services and specified
7	law enforcement agencies to release certain information
8	when a child is under investigation or supervision;
9	providing an exception; providing that persons releasing
10	such information are not subject to civil or criminal
11	penalty for the release; providing for an additional
12	circumstance for release of otherwise confidential
13	records; amending s. 402.305, F.S.; directing the
14	Department of Children and Family Services to adopt by
15	rule a definition of child care; amending s. 402.40, F.S.;
16	removing Tallahassee Community College as the sole
17	contract provider for child welfare training academies;
18	providing for development of core competencies; providing
19	for advanced training; modifying requirements for the
20	establishment of training academies; providing for
21	modification of child welfare training; creating s.
22	402.401, F.S.; creating the Florida Child Welfare Student
23	Loan Forgiveness Program; providing for eligibility
24	requirements; providing terms of repayment; limits program
25	to amount of funds approrpriated; creating s. 409.033,
26	F.S.; providing legislative intent that local government
27	matching funds shall be used to the extent possible to
28	match federal funding where state funding is inadequate to
29	use such federal funding; requiring agencies to create
30	plans to utilize local matching funds; making
31	participation by local governments voluntary; requiring
32	reports; amending s. 409.1451, F.S.; providing duties for
33	the Independent Living Services Workgroup; making an
34	exception for personal property of independent living
35	clients; amending s. 409.1671, F.S.; deleting the
36	requirement that the state attorney or the Attorney
37	General provide legal services in certain counties;
38	exempting certain counties from privatization requirements
39	related to foster care and related services; providing for
40	the continuation of privatization of foster care and
41	related services; providing for a readiness assessment and
42	written certification; deleting certain termination of
43	services notice requirements; requiring the payment of
44	certain administrative costs incurred by lead community-
45	based providers; deleting an obsolete effective date;
46	providing for independent financial audits; correcting
47	references, to conform; amending s. 409.16745, F.S.;
48	changing eligibility requirements for participation in the
49	community partnership matching grant program; amending s.
50	409.175, F.S.; providing for an assessment by a family
51	services counselor and approval by a supervisor, rather
52	than a comprehensive behavioral health assessment, of
53	children in certain family foster homes; amending s.
54	409.953, F.S.; providing for custody determination and
55	placement of unaccompanied refugee minors; amending s.
56	937.021, F.S.; providing for the filing of police reports
57	for missing children in the county or municipality where
58	the child was last seen; providing for an evaluation of
59	child welfare legal services by the Office of Program
60	Policy Analysis and Government Accountability; providing
61	an effective date.
62
63	Be It Enacted by the Legislature of the State of Florida:
64
65	Section 1. Section 39.202, Florida Statutes, is amended to
66	read:
67	39.202 Confidentiality of reports and records in cases of
68	child abuse or neglect.--
69	(1) In order to protect the rights of the child and the
70	child's parents or other persons responsible for the child's
71	welfare, all records held by the department concerning reports
72	of child abandonment, abuse, or neglect, including reports made
73	to the central abuse hotline and all records generated as a
74	result of such reports, shall be confidential and exempt from
75	the provisions of s. 119.07(1) and shall not be disclosed except
76	as specifically authorized by this chapter. Such exemption from
77	s. 119.07(1) applies to information in the possession of those
78	entities granted access as set forth in this section.
79	(2) Except as provided in subsection (4),access to such
80	records, excluding the name of the reporter which shall be
81	released only as provided in subsection (5)(4), shall be
82	granted only to the following persons, officials, and agencies:
83	(a) Employees, authorized agents, or contract providers of
84	the department, the Department of Health, or county agencies
85	responsible for carrying out:
86	1. Child or adult protective investigations;
87	2. Ongoing child or adult protective services;
88	3. Healthy Start services; or
89	4. Licensure or approval of adoptive homes, foster homes,
90	or child care facilities, or family day care homes or informal
91	child care providers who receive subsidized child care funding,
92	or other homes used to provide for the care and welfare of
93	children; or
94	5. Services for victims of domestic violence when provided
95	by certified domestic violence centers working at the
96	department’s request as case consultants or with shared clients.
97
98	Also, employees or agents of the Department of Juvenile Justice
99	responsible for the provision of services to children, pursuant
100	to chapters 984 and 985.
101	(b) Criminal justice agencies of appropriate jurisdiction.
102	(c) The state attorney of the judicial circuit in which
103	the child resides or in which the alleged abuse or neglect
104	occurred.
105	(d) The parent or legal custodian of any child who is
106	alleged to have been abused, abandoned, or neglected, and the
107	child, and their attorneys, including any attorney representing
108	a child in civil or criminal proceedings. This access shall be
109	made available no later than 30 days after the department
110	receives the initial report of abuse, neglect, or abandonment.
111	However, any information otherwise made confidential or exempt
112	by law shall not be released pursuant to this paragraph.
113	(e) Any person alleged in the report as having caused the
114	abuse, abandonment, or neglect of a child. This access shall be
115	made available no later than 30 days after the department
116	receives the initial report of abuse, abandonment, or neglect
117	and, when the alleged perpetrator is not a parent, shall be
118	limited to information involving the protective investigation
119	only and shall not include any information relating to
120	subsequent dependency proceedings. However, any information
121	otherwise made confidential or exempt by law shall not be
122	released pursuant to this paragraph.
123	(f) A court upon its finding that access to such records
124	may be necessary for the determination of an issue before the
125	court; however, such access shall be limited to inspection in
126	camera, unless the court determines that public disclosure of
127	the information contained therein is necessary for the
128	resolution of an issue then pending before it.
129	(g) A grand jury, by subpoena, upon its determination that
130	access to such records is necessary in the conduct of its
131	official business.
132	(h) Any appropriate official of the department responsible
133	for:
134	1. Administration or supervision of the department's
135	program for the prevention, investigation, or treatment of child
136	abuse, abandonment, or neglect, or abuse, neglect, or
137	exploitation of a vulnerable adult, when carrying out his or her
138	official function;
139	2. Taking appropriate administrative action concerning an
140	employee of the department alleged to have perpetrated child
141	abuse, abandonment, or neglect, or abuse, neglect, or
142	exploitation of a vulnerable adult; or
143	3. Employing and continuing employment of personnel of the
144	department.
145	(i) Any person authorized by the department who is engaged
146	in the use of such records or information for bona fide
147	research, statistical, or audit purposes. Such individual or
148	entity shall enter into a privacy and security agreement with
149	the department and shall comply with all laws and rules
150	governing the use of such records and information for research
151	and statistical purposes. Information identifying the subjects
152	of such records or information shall be treated as confidential
153	by the researcher and shall not be released in any form.
154	(j) The Division of Administrative Hearings for purposes
155	of any administrative challenge.
156	(k) Any appropriate official of a Florida advocacy council
157	investigating a report of known or suspected child abuse,
158	abandonment, or neglect; the Auditor General or the Office of
159	Program Policy Analysis and Government Accountability for the
160	purpose of conducting audits or examinations pursuant to law; or
161	the guardian ad litem for the child.
162	(l) Employees or agents of an agency of another state that
163	has comparable jurisdiction to the jurisdiction described in
164	paragraph (a).
165	(m) The Public Employees Relations Commission for the sole
166	purpose of obtaining evidence for appeals filed pursuant to s.
167	447.207. Records may be released only after deletion of all
168	information which specifically identifies persons other than the
169	employee.
170	(n) Employees or agents of the Department of Revenue
171	responsible for child support enforcement activities.
172	(o) Any person in the event of the death of a child
173	determined to be a result of abuse, abandonment, or neglect.
174	Information identifying the person reporting abuse, abandonment,
175	or neglect shall not be released. Any information otherwise made
176	confidential or exempt by law shall not be released pursuant to
177	this paragraph.
178	(p) The principal of a public school, private school, or
179	charter school where the child is a student. Information
180	contained in the records which the principal determines are
181	necessary for a school employee to effectively provide a student
182	with educational services may be released to that employee.
183	(3) The department may release to professional persons
184	such information as is necessary for the diagnosis and treatment
185	of the child or the person perpetrating the abuse or neglect.
186	(4) Notwithstanding any other provision of law, when a
187	child under investigation or supervision of the department or
188	its contracted service providers is determined to be missing,
189	the following shall apply:
190	(a) The department may release the following information
191	to the public when it believes the release of the information is
192	likely to assist efforts in locating the child or to promote the
193	safety or well-being of the child:
194	1. The name of the child and the child's date of birth.
195	2. A physical description of the child, including, at a
196	minimum, the height, weight, hair color, eye color, gender, and
197	any identifying physical characteristics of the child.
198	3. A photograph of the child.
199	(b) With the concurrence of the law enforcement agency
200	primarily responsible for investigating the incident, the
201	department may release any additional information it believes
202	likely to assist efforts in locating the child or to promote the
203	safety or well-being of the child.
204	(c) The law enforcement agency primarily responsible for
205	investigating the incident may release any information received
206	from the department regarding the investigation if it believes
207	the release of the information is likely to assist efforts in
208	locating the child or to promote the safety or well-being of the
209	child.
210
211	The good faith publication or release of this information by the
212	department, a law enforcement agency, or any recipient of the
213	information as specifically authorized by this subsection shall
214	not subject the person, agency, or entity releasing the
215	information to any civil or criminal penalty. This subsection
216	does not authorize the release of the name of the reporter,
217	which may be released only as provided in subsection (5).
218	(5)(4)The name of any person reporting child abuse,
219	abandonment, or neglect may not be released to any person other
220	than employees of the department responsible for child
221	protective services, the central abuse hotline, law enforcement,
222	the child protection team, or the appropriate state attorney,
223	without the written consent of the person reporting. This does
224	not prohibit the subpoenaing of a person reporting child abuse,
225	abandonment, or neglect when deemed necessary by the court, the
226	state attorney, or the department, provided the fact that such
227	person made the report is not disclosed. Any person who reports
228	a case of child abuse or neglect may, at the time he or she
229	makes the report, request that the department notify him or her
230	that a child protective investigation occurred as a result of
231	the report. Any person specifically listed in s. 39.201(1) who
232	makes a report in his or her official capacity may also request
233	a written summary of the outcome of the investigation. The
234	department shall mail such a notice to the reporter within 10
235	days after completing the child protective investigation.
236	(6)(5)All records and reports of the child protection
237	team of the Department of Health are confidential and exempt
238	from the provisions of ss. 119.07(1) and 456.057, and shall not
239	be disclosed, except, upon request, to the state attorney, law
240	enforcement, the department, and necessary professionals, in
241	furtherance of the treatment or additional evaluative needs of
242	the child, by order of the court, or to health plan payors,
243	limited to that information used for insurance reimbursement
244	purposes.
245	(7)(6)The department shall make and keep reports and
246	records of all cases under this chapter relating to child abuse,
247	abandonment, and neglect and shall preserve the records
248	pertaining to a child and family until 7 years after the last
249	entry was made or until the child is 18 years of age, whichever
250	date is first reached, and may then destroy the records.
251	Department records required by this chapter relating to child
252	abuse, abandonment, and neglect may be inspected only upon order
253	of the court or as provided for in this section.
254	(8)(7)A person who knowingly or willfully makes public or
255	discloses to any unauthorized person any confidential
256	information contained in the central abuse hotline is subject to
257	the penalty provisions of s. 39.205. This notice shall be
258	prominently displayed on the first sheet of any documents
259	released pursuant to this section.
260	Section 2. Paragraph (c) of subsection (1) of section
261	402.305, Florida Statutes, is amended to read:
262	402.305 Licensing standards; child care facilities.--
263	(1) LICENSING STANDARDS.--The department shall establish
264	licensing standards that each licensed child care facility must
265	meet regardless of the origin or source of the fees used to
266	operate the facility or the type of children served by the
267	facility.
268	(c) The minimum standards for child care facilities shall
269	be adopted in the rules of the department and shall address the
270	areas delineated in this section. The department, in adopting
271	rules to establish minimum standards for child care facilities,
272	shall recognize that different age groups of children may
273	require different standards. The department may adopt different
274	minimum standards for facilities that serve children in
275	different age groups, including school-age children. The
276	department shall also adopt by rule a definition for child care
277	which distinguishes between child care programs that require
278	child care licensure and after-school programs that do not
279	require licensure.Notwithstanding any other provision of law to
280	the contrary, minimum child care licensing standards shall be
281	developed to provide for reasonable, affordable, and safe
282	before-school and after-school care. Standards, at a minimum,
283	shall allow for a credentialed director to supervise multiple
284	before-school and after-school sites.
285	Section 3. Section 402.40, Florida Statutes, is amended to
286	read:
287	402.40 Child welfare training.--
288	(1) LEGISLATIVE INTENT.--In order to enable the state to
289	provide a systematic approach to staff development and training
290	for persons providing child welfare servicesdependency program
291	staffthat will meet the needs of such staff in their discharge
292	of duties, it is the intent of the Legislature that the
293	Department of Children and Family Services establish, maintain,
294	and oversee the operation of child welfare training academies in
295	the state. The Legislature further intends that the staff
296	development and training programs that are established will aid
297	in the reduction of poor staff morale and of staff turnover,
298	will positively impact on the quality of decisions made
299	regarding children and families who require assistance from
300	programs providing child welfare servicesdependency programs,
301	and will afford better quality care of children who must be
302	removed from their families.
303	(2) DEFINITIONS.--As used in this section, the term:
304	(a) "Child welfare services""Dependency program"means
305	any intake, protective investigation,preprotective services,
306	protective services, foster care, shelter and group care, and
307	adoption and related services program, including supportive
308	services, supervision, and legal services provided to children
309	who are alleged to have been abused, abandoned, or neglected or
310	who are at risk of becoming, alleged to be, or who have been
311	found dependent, pursuant to chapter 39whether operated by or
312	contracted by the department, providing intake, counseling,
313	supervision, or custody and care of children who are alleged to
314	be or who have been found to be dependent pursuant to chapter 39
315	or who have been identified as being at risk of becoming
316	dependent.
317	(b) "Person providing child welfare services""Dependency
318	program staff" means a person with responsibility for
319	supervisory, legal,and direct care, or support-related work in
320	the provision of child welfare services pursuant to chapter 39
321	staff of a dependency program as well as support staff who have
322	direct contact with children in a dependency program.
323	(3) CHILD WELFARE TRAINING PROGRAM.--The department shall
324	establish a program for training pursuant to the provisions of
325	this section, and all persons providing child welfare services
326	dependency program staffshall be required to participate in and
327	successfully complete the program of training pertinent to their
328	areas of responsibility.
329	(4) CHILD WELFARE TRAINING TRUST FUND.--
330	(a) There is created within the State Treasury a Child
331	Welfare Training Trust Fund to be used by the Department of
332	Children and Family Services for the purpose of funding a
333	comprehensive system of child welfare training, including the
334	securing of consultants to develop the system and the developing
335	of child welfare training academies that include the
336	participation of persons providing child welfare services
337	dependency program staff.
338	(b) One dollar from every noncriminal traffic infraction
339	collected pursuant to s. 318.14(10)(b) or s. 318.18 shall be
340	deposited into the Child Welfare Training Trust Fund.
341	(c) In addition to the funds generated by paragraph (b),
342	the trust fund shall receive funds generated from an additional
343	fee on birth certificates and dissolution of marriage filings,
344	as specified in ss. 382.0255 and 28.101, respectively, and may
345	receive funds from any other public or private source.
346	(d) Funds that are not expended by the end of the budget
347	cycle or through a supplemental budget approved by the
348	department shall revert to the trust fund.
349	(5) CORE COMPETENCIES.--
350	(a) The Department of Children and Family Services shall
351	establish the core competencies for a single integrated
352	curriculum that ensures that each person delivering child
353	welfare services obtains the knowledge, skills, and abilities to
354	competently carry out his or her work responsibilities. This
355	curriculum may be a compilation of different development efforts
356	based on specific subsets of core competencies that are
357	integrated for a comprehensive curriculum required in the
358	provision of child welfare services in this state.
359	(b) The identification of these core competencies shall be
360	a collaborative effort to include professionals with expertise
361	in child welfare services and providers that will be affected by
362	the curriculum, to include, but not be limited to,
363	representatives from the community-based care lead agencies,
364	sheriffs’ offices conducting child protection investigations,
365	and child welfare legal services providers.
366	(c) Notwithstanding the provisions of s. 287.057(5) and
367	(22), the department shall competitively solicit and contract
368	for the development, validation, and periodic evaluation of the
369	training curricula for the established single integrated
370	curriculum. No more than one training curriculum may be
371	developed for each specific subset of the core competencies.
372	(6) ADVANCED TRAINING.--The Department of Children and
373	Family Services shall annually examine the advanced training
374	that is needed by persons providing child welfare services in
375	the state. This examination shall address whether the current
376	advanced training provided should be continued and shall include
377	the development of plans for incorporating any revisions to the
378	advanced training determined necessary. This examination shall
379	be conducted in collaboration with professionals with expertise
380	in child welfare services and providers that will be affected by
381	the curriculum, to include, but not be limited to,
382	representatives from the community-based care lead agencies,
383	sheriffs' offices conducting child protection investigations,
384	and child welfare legal services providers.
385	(7) CERTIFICATION AND TRAINER QUALIFICATIONS.--The
386	department shall, in collaboration with the professionals and
387	providers described in paragraph (5)(b), develop minimum
388	standards for a certification process that ensures participants
389	have successfully attained the knowledge, skills, and abilities
390	necessary to competently carry out their work responsibilities
391	and shall develop minimum standards for trainer qualifications
392	that shall be required of training academies in the offering of
393	the training curricula. Any person providing child welfare
394	services shall be required to master the components of the
395	curriculum that are particular to that person’s work
396	responsibilities.
397	(8)(5)ESTABLISHMENT OF TRAINING ACADEMIES.--The
398	department shall establish child welfare training academies as
399	part of a comprehensive system of child welfare training. In
400	establishing a program of training, the department maycontract
401	for the operation of one or more training academies to perform
402	one or more of the following: offer one or more of the training
403	curricula developed pursuant to subsection (5); administer the
404	certification process; develop, validate, and periodically
405	evaluate additional training curricula determined necessary,
406	including advanced training, that is specific to a region or
407	contractor or that meets a particular training need; or offer
408	the additional training curriculawith Tallahassee Community
409	College. The number, location, and timeframe for establishment
410	of additionaltraining academies shall be approved by the
411	Secretary of Children and Family Services, who shall ensure that
412	the goals for the core competencies and the single integrated
413	curriculum, the certification process, the trainer
414	qualifications, and the additional training needs are addressed.
415	Notwithstanding the provisions of s. 287.057(5) and (22), the
416	department shall competitively solicit all training academy
417	contracts.
418	(9) MODIFICATION OF CHILD WELFARE TRAINING.–-The core
419	competencies determined pursuant to subsection (5) and the
420	minimum standards for the certification process and for trainer
421	qualifications established pursuant to subsection (7) must be
422	submitted to the appropriate substantive committees of the
423	Senate and the House of Representatives before competitively
424	soliciting either the development, validation, or periodic
425	evaluation of the training curricula or for the training academy
426	contracts.
427	(10)(6)ADOPTION OF RULES.--The Department of Children and
428	Family Services shall adopt rules necessary to carry out the
429	provisions of this section.
430	Section 4. Section 402.401, Florida Statutes, is created
431	to read:
432	402.401 Florida Child Welfare Student Loan Forgiveness
433	Program.--
434	(1) There is created the Florida Child Welfare Student
435	Loan Forgiveness Program to be administered by the Department of
436	Education. The program shall provide loan assistance to eligible
437	students for upper-division undergraduate and graduate study.
438	The primary purpose of the program is to attract capable and
439	promising students to the child welfare profession, increase
440	employment and retention of individuals who are working towards
441	or who have received either a bachelor’s degree or a master’s
442	degree in social work or any human services subject area that
443	qualifies the individual for employment as a family services
444	worker, and provide opportunities for persons making midcareer
445	decisions to enter the child welfare profession. The State Board
446	of Education shall adopt rules necessary to administer the
447	program.
448	(2)(a) To be eligible for a program loan, a candidate
449	shall:
450	1. Be a full-time student at the upper-division
451	undergraduate or graduate level in a social work program
452	approved by the Council on Social Work leading to either a
453	bachelor’s degree or a master’s degree in social work or an
454	accredited human services degree program.
455	2. Have declared an intent to work in child welfare for at
456	least the number of years for which a forgivable loan is
457	received at the Department of Children and Family Services or
458	its successor, or with an eligible lead community-based provider
459	as defined in s. 409.1671.
460	3. If applying for an undergraduate forgivable loan, have
461	maintained a minimum cumulative grade point average of at least
462	a 2.5 on a 4.0 scale for all undergraduate work. Renewal
463	applicants for undergraduate loans shall have maintained a
464	minimum cumulative grade point average of at least a 2.5 on a
465	4.0 scale for all undergraduate work and have earned at least 12
466	semester credits per term, or the equivalent.
467	4. If applying for a graduate forgivable loan, have
468	maintained an undergraduate cumulative grade point average of at
469	least a 3.0 on a 4.0 scale or have attained a Graduate Record
470	Examination score of at least 1,000. Renewal applicants for
471	graduate loans shall have maintained a minimum cumulative grade
472	point average of at least a 3.0 on a 4.0 scale for all graduate
473	work and have earned at least 9 semester credits per term, or
474	the equivalent.
475	(b) An undergraduate forgivable loan may be awarded for 2
476	undergraduate years, not to exceed $4,000 per year.
477	(c) A graduate forgivable loan may be awarded for 2
478	graduate years, not to exceed $8,000 per year. In addition to
479	meeting criteria specified in paragraph (a), a loan recipient at
480	the graduate level shall:
481	1. Hold a bachelor's degree from a school or department of
482	social work at any college or university accredited by the
483	Council on Social Work Education or hold a degree in a human
484	services field from an accredited college or university.
485	2. Not have received an undergraduate forgivable loan as
486	provided for in paragraph (b).
487	(d) The State Board of Education shall adopt by rule
488	repayment schedules and applicable interest rates under ss.
489	1009.82 and 1009.95. A forgivable loan must be repaid within 10
490	years after completion of a program of study.
491	1. Credit for repayment of an undergraduate or graduate
492	forgivable loan shall be in an amount not to exceed $4,000 in
493	loan principal plus applicable accrued interest for each full
494	year of eligible service in the child welfare profession.
495	2. Any forgivable loan recipient who fails to work at the
496	Department of Children and Family Services or its successor, or
497	with an eligible lead community-based provider as defined in s.
498	409.1671, is responsible for repaying the loan plus accrued
499	interest at 8 percent annually.
500	3. Forgivable loan recipients may receive loan repayment
501	credit for child welfare service rendered at any time during the
502	scheduled repayment period. However, such repayment credit shall
503	be applicable only to the current principal and accrued interest
504	balance that remains at the time the repayment credit is earned.
505	No loan recipient shall be reimbursed for previous cash payments
506	of principal and interest.
507	(3) This section shall be implemented only as specifically
508	funded.
509	Section 5. Section 409.033, Florida Statutes, is created
510	to read:
511	409.033 Maximization of local matching revenues.--
512	(1) LEGISLATIVE INTENT.--
513	(a) The Legislature recognizes that state funds do not
514	fully utilize federal funding matching opportunities for health
515	and human services needs. It is the intent of the Legislature to
516	authorize the use of certified local funding for federal
517	matching programs to the fullest extent possible to maximize
518	federal funding of local preventive services and local child
519	development programs in this state. To that end, the Legislature
520	expects that state agencies will take a proactive approach in
521	implementing this legislative priority. It is the further intent
522	of the Legislature that this section shall be implemented in a
523	revenue-neutral manner with respect to state funds.
524	(b) It is the intent of the Legislature that revenue
525	maximization opportunities using certified local funding shall
526	occur only after available state funds have been utilized to
527	generate matching federal funding for the state.
528	(c) It is the intent of the Legislature that participation
529	in revenue maximization is to be on a voluntary basis for local
530	political subdivisions.
531	(d) Except for funds expended pursuant to Title XIX, it is
532	the intent of the Legislature that certified local funding for
533	federal matching programs not supplant or replace state funds.
534	Beginning July 1, 2004, any state funds supplanted or replaced
535	with local tax revenues for Title XIX funds shall be expressly
536	approved in the General Appropriations Act or by the Legislative
537	Budget Commission pursuant to the provisions of chapter 216.
538	(e) It is the intent of the Legislature that revenue
539	maximization shall not divert existing funds from state agencies
540	that are currently using local funds to maximize matching
541	federal and state funds to the greatest extent possible.
542	(2) REVENUE MAXIMIZATION PROGRAM.--
543	(a) For purposes of this section, the term “agency” means
544	any state agency or department that is involved in providing
545	health, social, or human services, including, but not limited
546	to, the Agency for Health Care Administration, the Agency for
547	Workforce Innovation, the Department of Children and Family
548	Services, the Department of Elderly Affairs, the Department of
549	Juvenile Justice, and the State Board of Education.
550	(b) Each agency is directed to establish programs and
551	mechanisms designed to maximize the use of local funding for
552	federal programs in accordance with this section.
553	(c) The use of local matching funds under this section
554	shall be limited to public revenue funds of local political
555	subdivisions, including, but not limited to, counties,
556	municipalities, and special districts. To the extent permitted
557	by federal law, funds donated to such local political
558	subdivisions by private entities, including, but not limited to,
559	the United Way, community foundations or other foundations,
560	businesses, or individuals, are considered to be public revenue
561	funds available for matching federal funding.
562	(d) Subject to the provisions of paragraph (f), any
563	federal reimbursement received as a result of the certification
564	of local matching funds shall, unless specifically prohibited by
565	federal or state law, including the General Appropriations Act,
566	subject to appropriation and release, be returned within 30 days
567	after receipt by the agency by the most expedient means possible
568	to the local political subdivision providing such funding, and
569	the local political subdivision shall be provided an annual
570	accounting of federal reimbursements received by the state or
571	its agencies as a result of the certification of the local
572	political subdivision's matching funds. The receipt by a local
573	political subdivision of such matching funds shall not in any
574	way influence or be used as a factor in developing any agency's
575	annual operating budget allocation methodology or formula or any
576	subsequent budget amendment allocation methodologies or
577	formulas. If necessary, an agreement shall be made between an
578	agency and the local political subdivision to accomplish that
579	purpose. Such an agreement may provide that the local political
580	subdivision shall:
581	1. Verify the eligibility of the local program or programs
582	and the individuals served thereby to qualify for federal
583	matching funds.
584	2. Develop and maintain the financial records necessary
585	for documenting the appropriate use of federal matching funds.
586	3. Comply with all applicable state and federal laws,
587	regulations, and rules that regulate such federal services.
588	4. Reimburse the cost of any disallowance of federal
589	funding previously provided to a local political subdivision
590	resulting from failure of that local political subdivision to
591	comply with applicable state or federal laws, rules, or
592	regulations.
593	(e) Each agency, as applicable, shall work with local
594	political subdivisions to modify any state plans and to seek and
595	implement any federal waivers necessary to implement this
596	section. If such modifications or waivers require the approval
597	of the Legislature, the agency, as applicable, shall draft such
598	legislation and present it to the President of the Senate, the
599	Speaker of the House of Representatives, and the respective
600	committee chairs of the Senate and the House of Representatives
601	by January 1, 2004, and, as applicable, annually thereafter.
602	(f) Each agency may, as applicable, before funds generated
603	under this section are distributed to any local political
604	subdivision, deduct the actual administrative cost for
605	implementing and monitoring the local match program; however,
606	such administrative costs may not exceed 5 percent of the total
607	federal reimbursement funding to be provided to the local
608	political subdivision under paragraph (d). To the extent that
609	any other provision of state law applies to the certification of
610	local matching funds for a specific program, the provisions of
611	that statute which relate to administrative costs shall apply in
612	lieu of the provisions of this paragraph. The failure to remit
613	reimbursement to the local political subdivision shall result in
614	the payment of interest, in addition to the amount to be
615	reimbursed at a rate pursuant to s. 55.03(1), on the unpaid
616	amount from the expiration of the 30-day period until payment is
617	received.
618	(g) Each agency shall annually submit to the Governor, the
619	President of the Senate, and the Speaker of the House of
620	Representatives, no later than January 1, a report that
621	documents the specific activities undertaken during the previous
622	fiscal year under this section. The report shall include, but
623	not be limited to:
624	1. A statement of the total amount of federal matching
625	funds generated by local matching funds under this section,
626	reported by federal funding source.
627	2. The total amount of block grant funds expended during
628	the previous fiscal year, reported by federal funding source.
629	3. The total amount for federal matching fund programs,
630	including, but not limited to, the Temporary Assistance for
631	Needy Families program and the Child Care and Development Fund,
632	of unobligated funds and unliquidated funds, both as of the
633	close of the previous federal fiscal year.
634	4. The amount of unliquidated funds that is in danger of
635	being returned to the Federal Government at the end of the
636	current federal fiscal year.
637	5. A detailed plan and timeline for spending any
638	unobligated and unliquidated funds by the end of the current
639	federal fiscal year.
640	Section 6. Subsection (7) of section 409.1451, Florida
641	Statutes, is amended, a new subsection (8) is added to said
642	section, and present subsection (8) is renumbered as subsection
643	(9) and amended, to read:
644	409.1451 Independent living transition services.--
645	(7) INDEPENDENT LIVING SERVICES INTEGRATION
646	WORKGROUP.--The Secretary of Children and Family Services shall
647	establish the independent living services integrationworkgroup,
648	which, at a minimum, shall include representatives from the
649	Department of Children and Family Services, the Agency for
650	Workforce Innovation, the Department of Education, the Agency
651	for Health Care Administration, the State Youth Advisory Board,
652	Workforce Florida, Inc., and foster parents. The workgroup shall
653	assess the implementation and operation of the system of
654	independent living transition services and advise the department
655	on actions that would improve the ability of the independent
656	living transition services to meet the established goals. The
657	workgroup shall keep the department informed of problems being
658	experienced with the services,barriers to the effective and
659	efficient integration of services,and support across systems,
660	and successes that the system of independent living transition
661	services has achieved. The department shall consider, but is not
662	required to implement, the recommendations of the workgroup. For
663	fiscal years 2002-2003 and 2003-2004, the workgroup shall report
664	to the appropriate substantive committees of the Senate and the
665	House of Representatives on the status of the implementation of
666	the system of independent living transition services; efforts to
667	publicize the availability of aftercare support services, the
668	Road-to-Independence Scholarship Program, and transitional
669	support services; specific barriers to financial aid created by
670	the scholarship and possible solutions; success of the services;
671	problems identified; recommendations for department or
672	legislative action; and the department’s implementation of the
673	recommendations contained in the Independent Living Services
674	Integration Workgroup Report submitted to the Senate and the
675	House of Representatives substantive committees on December 31,
676	2002. These workgroup reports shall be submitted by December 31,
677	2003, and December 31, 2004, respectively, and each shall be
678	accompanied by a report from the department which identifies the
679	recommendations of the workgroup and either describes the
680	department’s actions to implement these recommendations or
681	provides the department’s rationale for not implementing the
682	recommendationsfor the transition of older children in foster
683	care to independent living. The workgroup shall recommend
684	methods to overcome these barriers and shall ensure that the
685	state plan for federal funding for the independent living
686	transition services includes these recommendations. The
687	workgroup shall report to appropriate legislative committees of
688	the Senate and the House of Representatives by December 31,
689	2002. Specific issues and recommendations to be addressed by the
690	workgroup include:
691	(a) Enacting the Medicaid provision of the federal Foster
692	Care Independence Act of 1999, Pub. L. No. 106-169, which allows
693	young adults formerly in foster care to receive medical coverage
694	up to 21 years of age.
695	(b) Extending the age of Medicaid coverage from 21 to 23
696	years of age for young adults formerly in foster care in order
697	to enable such youth to complete a postsecondary education
698	degree.
699	(c) Encouraging the regional workforce boards to provide
700	priority employment and support for eligible foster care
701	participants receiving independent living transition services.
702	(d) Facilitating transfers between schools when changes in
703	foster care placements occur.
704	(e) Identifying mechanisms to increase the legal authority
705	of foster parents and staff of the department or its agent to
706	provide for the age-appropriate care of older children in foster
707	care, including enrolling a child in school, signing for a
708	practice driver's license for the child under s. 322.09(4),
709	cosigning loans and insurance for the child, signing for the
710	child's medical treatment, and authorizing other similar
711	activities as appropriate.
712	(f) Transferring the allowance of spending money that is
713	provided by the department each month directly to an older child
714	in the program through an electronic benefit transfer program.
715	The purpose of the transfer is to allow these children to access
716	and manage the allowance they receive in order to learn
717	responsibility and participate in age-appropriate life skills
718	activities.
719	(g) Identifying other barriers to normalcy for a child in
720	foster care.
721	(8) PERSONAL PROPERTY.--Property acquired on behalf of
722	clients under this program shall become the personal property of
723	the clients and is not subject to the requirements of chapter
724	273 relating to state-owned tangible personal property. Such
725	property continues to be subject to applicable federal laws.
726	(9)(8)RULEMAKING.--The department shall adopt by rule
727	procedures to administer this section, including provision for
728	the proportional reduction of scholarship awards when adequate
729	funds are not available for all applicants. These rules shall
730	balance the goals of normalcy and safety for the youth and
731	provide the caregivers with as much flexibility as possible to
732	enable the youth to participate in normal life experiences.The
733	department shall engage in appropriate planning to prevent, to
734	the extent possible, a reduction in scholarship awards after
735	issuance.
736	Section 7. Subsections (1), (3), and (4) of section
737	409.1671, Florida Statutes, are amended to read:
738	409.1671 Foster care and related services;
739	privatization.--
740	(1)(a) It is the intent of the Legislature that the
741	Department of Children and Family Services shall privatize the
742	provision of foster care and related services statewide. It is
743	further the Legislature's intent to encourage communities and
744	other stakeholders in the well-being of children to participate
745	in assuring that children are safe and well-nurtured. However,
746	while recognizing that some local governments are presently
747	funding portions of certain foster care and related services
748	programs and may choose to expand such funding in the future,
749	the Legislature does not intend by its privatization of foster
750	care and related services that any county, municipality, or
751	special district be required to assist in funding programs that
752	previously have been funded by the state. Counties that provide
753	children and family services with at least 40 licensed
754	residential group care beds by July 1, 2003, and provide at
755	least $2 million annually in county general revenue funds to
756	supplement foster and family care services shall continue to
757	contract directly with the state and shall be exempt from the
758	provisions of this section.Nothing in this paragraph prohibits
759	any county, municipality, or special district from future
760	voluntary funding participation in foster care and related
761	services. As used in this section, the term "privatize" means to
762	contract with competent, community-based agencies. The
763	department shall submit a plan to accomplish privatization
764	statewide, through a competitive process, phased in over a 3-
765	year period beginning January 1, 2000. This plan must be
766	developed with local community participation, including, but not
767	limited to, input from community-based providers that are
768	currently under contract with the department to furnish
769	community-based foster care and related services, and must
770	include a methodology for determining and transferring all
771	available funds, including federal funds that the provider is
772	eligible for and agrees to earn and that portion of general
773	revenue funds which is currently associated with the services
774	that are being furnished under contract. The methodology must
775	provide for the transfer of funds appropriated and budgeted for
776	all services and programs that have been incorporated into the
777	project, including all management, capital (including current
778	furniture and equipment), and administrative funds to accomplish
779	the transfer of these programs. This methodology must address
780	expected workload and at least the 3 previous years' experience
781	in expenses and workload. With respect to any district or
782	portion of a district in which privatization cannot be
783	accomplished within the 3-year timeframe, the department must
784	clearly state in its plan the reasons the timeframe cannot be
785	met and the efforts that should be made to remediate the
786	obstacles, which may include alternatives to total
787	privatization, such as public-private partnerships. As used in
788	this section, the term "related services" includes, but is not
789	limited to, family preservation, independent living, emergency
790	shelter, residential group care, foster care, therapeutic foster
791	care, intensive residential treatment, foster care supervision,
792	case management, postplacement supervision, permanent foster
793	care, and family reunification. Unless otherwise provided for,
794	beginning in fiscal year 1999-2000, either the state attorney or
795	the Office of the Attorney Generalshall provide child welfare
796	legal services, pursuant to chapter 39 and other relevant
797	provisions, in Sarasota, Pinellas and, Pasco, Broward, and
798	Manatee Counties. Such legal services shall commence and be
799	effective, as soon as determined reasonably feasible by the
800	respective state attorney or the Office of the Attorney General,
801	after the privatization of associated programs and child
802	protective investigations has occurred.When a private nonprofit
803	agency has received case management responsibilities,
804	transferred from the state under this section, for a child who
805	is sheltered or found to be dependent and who is assigned to the
806	care of the privatization project, the agency may act as the
807	child's guardian for the purpose of registering the child in
808	school if a parent or guardian of the child is unavailable and
809	his or her whereabouts cannot reasonably be ascertained. The
810	private nonprofit agency may also seek emergency medical
811	attention for such a child, but only if a parent or guardian of
812	the child is unavailable, his or her whereabouts cannot
813	reasonably be ascertained, and a court order for such emergency
814	medical services cannot be obtained because of the severity of
815	the emergency or because it is after normal working hours.
816	However, the provider may not consent to sterilization,
817	abortion, or termination of life support. If a child's parents'
818	rights have been terminated, the nonprofit agency shall act as
819	guardian of the child in all circumstances.
820	(b) It is the intent of the Legislature that the
821	department will continue to work towards full privatization in a
822	manner that ensures the viability of the community-based system
823	of care and best provides for the safety of children in the
824	child protection system. To this end, the department is directed
825	to continue the process of privatizing services in those
826	counties in which signed startup contracts have been executed.
827	The department may also continue to enter into startup contracts
828	with additional counties. However, no services shall be
829	transferred to a community-based care lead agency until the
830	department, in consultation with the local community alliance,
831	has determined and certified in writing to the Governor and the
832	Legislature that the district is prepared to transition the
833	provision of services to the lead agency and that the lead
834	agency is ready to deliver and be accountable for such service
835	provision. In making this determination, the department shall
836	conduct a readiness assessment of the district and the lead
837	agency.
838	1. The assessment shall evaluate the operational readiness
839	of the district and the lead agency based on:
840	a. A set of uniform criteria, developed in consultation
841	with currently operating community-based care lead agencies and
842	reflecting national accreditation standards, that evaluates
843	programmatic, financial, technical assistance, training, and
844	organizational competencies.
845	b. Local criteria reflective of the local community-based
846	care design and the community alliance priorities.
847	2. The readiness assessment shall be conducted by a joint
848	team of district and lead agency staff with direct experience
849	with the startup and operation of a community-based care service
850	program and representatives from the appropriate community
851	alliance. Within resources available for this purpose, the
852	department may secure outside audit expertise when necessary to
853	assist a readiness assessment team.
854	3. Upon completion of a readiness assessment, the
855	assessment team shall conduct an exit conference with the
856	district and lead agency staff responsible for the transition.
857	4. Within 30 days following the exit conference with staff
858	of each district and lead agency, the secretary shall certify in
859	writing to the Governor and the Legislature that both the
860	district and the lead agency are prepared to begin the
861	transition of service provision based on the results of the
862	readiness assessment and the exit conference. The document of
863	certification must include specific evidence of readiness on
864	each element of the readiness instrument utilized by the
865	assessment team as well as a description of each element of
866	readiness needing improvement and strategies being implemented
867	to address each one.
868	(c) The Auditor General and the Office of Program Policy
869	Analysis and Government Accountability, in consultation with the
870	Child Welfare League of America and the Louis de la Parte
871	Florida Mental Health Institute, shall jointly review and assess
872	the department’s process for determining district and lead
873	agency readiness.
874	1. The review must, at a minimum, address the
875	appropriateness of the readiness criteria and instruments
876	applied, the appropriateness of the qualifications of
877	participants on each readiness assessment team, the degree to
878	which the department accurately determined each district and
879	lead agency’s compliance with the readiness criteria, the
880	quality of the technical assistance provided by the department
881	to a lead agency in correcting any weaknesses identified in the
882	readiness assessment, and the degree to which each lead agency
883	overcame any identified weaknesses.
884	2. Reports of these reviews must be submitted to the
885	appropriate substantive and appropriations committees in the
886	Senate and the House of Representatives on March 1 and September
887	1 of each year until full transition to community-based care has
888	been accomplished statewide, except that the first report must
889	be submitted by February 1, 2004, and must address all readiness
890	activities undertaken through June 30, 2003. The perspectives of
891	all participants in this review process must be included in each
892	report.
893	(d) In communities where economic or demographic
894	constraints make it impossible or not feasible to competitively
895	contract with a lead agency, the department shall develop an
896	alternative plan in collaboration with the local community
897	alliance, which may include establishing innovative geographical
898	configurations or consortiums of agencies. The plan must detail
899	how the community will continue to implement community-based
900	care through competitively procuring either the specific
901	components of foster care and related services or comprehensive
902	services for defined eligible populations of children and
903	families from qualified licensed agencies as part of its efforts
904	to develop the local capacity for a community-based system of
905	coordinated care. The plan must ensure local control over the
906	management and administration of the service provision in
907	accordance with the intent of this section and may include
908	recognized best business practices, including some form of
909	public or private partnershipsby initiating the competitive
910	procurement process in each county by January 1, 2003. In order
911	to provide for an adequate transition period to develop the
912	necessary administrative and service delivery capacity in each
913	community, the full transfer of all foster care and related
914	services must be completed statewide by December 31, 2004.
915	(e)(c)As used in this section, the term "eligible lead
916	community-based provider" means a single agency with which the
917	department shall contract for the provision of child protective
918	services in a community that is no smaller than a county. The
919	secretary of the department may authorize more than one eligible
920	lead community-based provider within a single county when to do
921	so will result in more effective delivery of foster care and
922	related services. To compete for a privatization project, such
923	agency must have:
924	1. The ability to coordinate, integrate, and manage all
925	child protective services in the designated community in
926	cooperation with child protective investigations.
927	2. The ability to ensure continuity of care from entry to
928	exit for all children referred from the protective investigation
929	and court systems.
930	3. The ability to provide directly, or contract for
931	through a local network of providers, all necessary child
932	protective services.
933	4. The willingness to accept accountability for meeting
934	the outcomes and performance standards related to child
935	protective services established by the Legislature and the
936	Federal Government.
937	5. The capability and the willingness to serve all
938	children referred to it from the protective investigation and
939	court systems, regardless of the level of funding allocated to
940	the community by the state, provided all related funding is
941	transferred.
942	6. The willingness to ensure that each individual who
943	provides child protective services completes the training
944	required of child protective service workers by the Department
945	of Children and Family Services.
946	7. The ability to maintain eligibility to receive all
947	federal child welfare funds, including Title IV-E and IV-A
948	funds, currently being used by the Department of Children and
949	Family Services.
950	8. Written agreements with Healthy Families Florida lead
951	entities in their community, pursuant to s. 409.153, to promote
952	cooperative planning for the provision of prevention and
953	intervention services.
954	(f)(d)1. If attempts to competitively procure services
955	through an eligible lead community-based provider as defined in
956	paragraph (c) do not produce a capable and willing agency, the
957	department shall develop a plan in collaboration with the local
958	community alliance. The plan must detail how the community will
959	continue to implement privatization, to be accomplished by
960	December 31, 2004, through competitively procuring either the
961	specific components of foster care and related services or
962	comprehensive services for defined eligible populations of
963	children and families from qualified licensed agencies as part
964	of its efforts to develop the local capacity for a community-
965	based system of coordinated care. The plan must ensure local
966	control over the management and administration of the service
967	provision in accordance with the intent of this section and may
968	include recognized best business practices, including some form
969	of public or private partnerships. In the absence of a community
970	alliance, the plan must be submitted to the President of the
971	Senate and the Speaker of the House of Representatives for their
972	comments.
973	1.2.The Legislature finds that the state has
974	traditionally provided foster care services to children who have
975	been the responsibility of the state. As such, foster children
976	have not had the right to recover for injuries beyond the
977	limitations specified in s. 768.28. The Legislature has
978	determined that foster care and related services need to be
979	privatized pursuant to this section and that the provision of
980	such services is of paramount importance to the state. The
981	purpose for such privatization is to increase the level of
982	safety, security, and stability of children who are or become
983	the responsibility of the state. One of the components necessary
984	to secure a safe and stable environment for such children is
985	that private providers maintain liability insurance. As such,
986	insurance needs to be available and remain available to
987	nongovernmental foster care and related services providers
988	without the resources of such providers being significantly
989	reduced by the cost of maintaining such insurance.
990	2.3.The Legislature further finds that, by requiring the
991	following minimum levels of insurance, children in privatized
992	foster care and related services will gain increased protection
993	and rights of recovery in the event of injury than provided for
994	in s. 768.28.
995	(g)(e)In any county in which a service contract has not
996	been executed by December 31, 2004, the department shall ensure
997	access to a model comprehensive residential services program as
998	described in s. 409.1677 which, without imposing undue
999	financial, geographic, or other barriers, ensures reasonable and
1000	appropriate participation by the family in the child's program.
1001	1. In order to ensure that the program is operational by
1002	December 31, 2004, the department must, by December 31, 2003,
1003	begin the process of establishing access to a program in any
1004	county in which the department has not either entered into a
1005	transition contract or approved a community plan, as described
1006	in paragraph (d),which ensures full privatization by the
1007	statutory deadline.
1008	2. The program must be procured through a competitive
1009	process.
1010	3. The Legislature does not intend for the provisions of
1011	this paragraph to substitute for the requirement that full
1012	conversion to community-based care be accomplished.
1013	(h)(f)Other than an entity to which s. 768.28 applies,
1014	any eligible lead community-based provider, as defined in
1015	paragraph (e)(c), or its employees or officers, except as
1016	otherwise provided in paragraph (i)(g), must, as a part of its
1017	contract, obtain a minimum of $1 million per claim/$3 million
1018	per incident in general liability insurance coverage. The
1019	eligible lead community-based provider must also require that
1020	staff who transport client children and families in their
1021	personal automobiles in order to carry out their job
1022	responsibilities obtain minimum bodily injury liability
1023	insurance in the amount of $100,000 per claim, $300,000 per
1024	incident, on their personal automobiles. In any tort action
1025	brought against such an eligible lead community-based provider
1026	or employee, net economic damages shall be limited to $1 million
1027	per liability claim and $100,000 per automobile claim,
1028	including, but not limited to, past and future medical expenses,
1029	wage loss, and loss of earning capacity, offset by any
1030	collateral source payment paid or payable. In any tort action
1031	brought against such an eligible lead community-based provider,
1032	noneconomic damages shall be limited to $200,000 per claim. A
1033	claims bill may be brought on behalf of a claimant pursuant to
1034	s. 768.28 for any amount exceeding the limits specified in this
1035	paragraph. Any offset of collateral source payments made as of
1036	the date of the settlement or judgment shall be in accordance
1037	with s. 768.76. The lead community-based provider shall not be
1038	liable in tort for the acts or omissions of its subcontractors
1039	or the officers, agents, or employees of its subcontractors.
1040	(i)(g)The liability of an eligible lead community-based
1041	provider described in this section shall be exclusive and in
1042	place of all other liability of such provider. The same
1043	immunities from liability enjoyed by such providers shall extend
1044	as well to each employee of the provider when such employee is
1045	acting in furtherance of the provider's business, including the
1046	transportation of clients served, as described in this
1047	subsection, in privately owned vehicles. Such immunities shall
1048	not be applicable to a provider or an employee who acts in a
1049	culpably negligent manner or with willful and wanton disregard
1050	or unprovoked physical aggression when such acts result in
1051	injury or death or such acts proximately cause such injury or
1052	death; nor shall such immunities be applicable to employees of
1053	the same provider when each is operating in the furtherance of
1054	the provider's business, but they are assigned primarily to
1055	unrelated works within private or public employment. The same
1056	immunity provisions enjoyed by a provider shall also apply to
1057	any sole proprietor, partner, corporate officer or director,
1058	supervisor, or other person who in the course and scope of his
1059	or her duties acts in a managerial or policymaking capacity and
1060	the conduct that caused the alleged injury arose within the
1061	course and scope of those managerial or policymaking duties.
1062	Culpable negligence is defined as reckless indifference or
1063	grossly careless disregard of human life.
1064	(j)(h)Any subcontractor of an eligible lead community-
1065	based provider, as defined in paragraph (e)(c), which is a
1066	direct provider of foster care and related services to children
1067	and families, and its employees or officers, except as otherwise
1068	provided in paragraph (i)(g), must, as a part of its contract,
1069	obtain a minimum of $1 million per claim/$3 million per incident
1070	in general liability insurance coverage. The subcontractor of an
1071	eligible lead community-based provider must also require that
1072	staff who transport client children and families in their
1073	personal automobiles in order to carry out their job
1074	responsibilities obtain minimum bodily injury liability
1075	insurance in the amount of $100,000 per claim, $300,000 per
1076	incident, on their personal automobiles. In any tort action
1077	brought against such subcontractor or employee, net economic
1078	damages shall be limited to $1 million per liability claim and
1079	$100,000 per automobile claim, including, but not limited to,
1080	past and future medical expenses, wage loss, and loss of earning
1081	capacity, offset by any collateral source payment paid or
1082	payable. In any tort action brought against such subcontractor,
1083	noneconomic damages shall be limited to $200,000 per claim. A
1084	claims bill may be brought on behalf of a claimant pursuant to
1085	s. 768.28 for any amount exceeding the limits specified in this
1086	paragraph. Any offset of collateral source payments made as of
1087	the date of the settlement or judgment shall be in accordance
1088	with s. 768.76.
1089	(k)(i)The liability of a subcontractor of an eligible
1090	lead community-based provider that is a direct provider of
1091	foster care and related services as described in this section
1092	shall be exclusive and in place of all other liability of such
1093	provider. The same immunities from liability enjoyed by such
1094	subcontractor provider shall extend as well to each employee of
1095	the subcontractor when such employee is acting in furtherance of
1096	the subcontractor's business, including the transportation of
1097	clients served, as described in this subsection, in privately
1098	owned vehicles. Such immunities shall not be applicable to a
1099	subcontractor or an employee who acts in a culpably negligent
1100	manner or with willful and wanton disregard or unprovoked
1101	physical aggression when such acts result in injury or death or
1102	such acts proximately cause such injury or death; nor shall such
1103	immunities be applicable to employees of the same subcontractor
1104	when each is operating in the furtherance of the subcontractor's
1105	business, but they are assigned primarily to unrelated works
1106	within private or public employment. The same immunity
1107	provisions enjoyed by a subcontractor shall also apply to any
1108	sole proprietor, partner, corporate officer or director,
1109	supervisor, or other person who in the course and scope of his
1110	or her duties acts in a managerial or policymaking capacity and
1111	the conduct that caused the alleged injury arose within the
1112	course and scope of those managerial or policymaking duties.
1113	Culpable negligence is defined as reckless indifference or
1114	grossly careless disregard of human life.
1115	(l)(j)The Legislature is cognizant of the increasing
1116	costs of goods and services each year and recognizes that fixing
1117	a set amount of compensation actually has the effect of a
1118	reduction in compensation each year. Accordingly, the
1119	conditional limitations on damages in this section shall be
1120	increased at the rate of 5 percent each year, prorated from the
1121	effective date of this paragraph to the date at which damages
1122	subject to such limitations are awarded by final judgment or
1123	settlement.
1124	(m)(k)Notwithstanding the provisions of paragraph (a) and
1125	chapter 287, and for the 2002-2003 fiscal year only, the
1126	Department of Children and Family Services may combine the
1127	current community-based care lead agency contracts for Sarasota,
1128	Manatee, and DeSoto Counties into a single contract. This
1129	paragraph expires July 1, 2003.
1130	(3)(a) In order to help ensure a seamless child protection
1131	system, the department shall ensure that contracts entered into
1132	with community-based agencies pursuant to this section include
1133	provisions for a case-transfer process to determine the date
1134	that the community-based agency will initiate the appropriate
1135	services for a child and family. This case-transfer process must
1136	clearly identify the closure of the protective investigation and
1137	the initiation of service provision. At the point of case
1138	transfer, and at the conclusion of an investigation, the
1139	department must provide a complete summary of the findings of
1140	the investigation to the community-based agency.
1141	(b) The contracts must also ensure that each community-
1142	based agency shall furnish information on its activities in all
1143	cases in client case records. A provider may not discontinue
1144	services on any voluntary case without prior written
1145	notification to the department 30 days before planned case
1146	closure. If the department disagrees with the recommended case
1147	closure date, written notification to the provider must be
1148	provided before the case closure date.
1149	(c) The contract between the department and community-
1150	based agencies must include provisions that specify the
1151	procedures to be used by the parties to resolve differences in
1152	interpreting the contract or to resolve disputes as to the
1153	adequacy of the parties' compliance with their respective
1154	obligations under the contract.
1155	(d) Each contract with an eligible lead community-based
1156	provider shall provide for the payment by the department to the
1157	provider of a reasonable administrative cost in addition to
1158	funding for the provision of services.
1159	(4)(a) The department shall establish a quality assurance
1160	program for privatized services. The quality assurance program
1161	shall be based on standards established by a national
1162	accrediting organization such as the Council on Accreditation of
1163	Services for Families and Children, Inc. (COA) or CARF--the
1164	Rehabilitation Accreditation Commission. The department may
1165	develop a request for proposal for such oversight. This program
1166	must be developed and administered at a statewide level. The
1167	Legislature intends that the department be permitted to have
1168	limited flexibility to use funds for improving quality
1169	assurance. To this end, effective January 1, 2000,the
1170	department may transfer up to 0.125 percent of the total funds
1171	from categories used to pay for these contractually provided
1172	services, but the total amount of such transferred funds may not
1173	exceed $300,000 in any fiscal year. When necessary, the
1174	department may establish, in accordance with s. 216.177,
1175	additional positions that will be exclusively devoted to these
1176	functions. Any positions required under this paragraph may be
1177	established, notwithstanding ss. 216.262(1)(a) and 216.351. The
1178	department, in consultation with the community-based agencies
1179	that are undertaking the privatized projects, shall establish
1180	minimum thresholds for each component of service, consistent
1181	with standards established by the Legislature and the Federal
1182	Government. Each program operated under contract with a
1183	community-based agency must be evaluated annually by the
1184	department. The department shall, to the extent possible, use
1185	independent financial audits provided by the community-based
1186	care agency to eliminate or reduce the ongoing contract and
1187	administrative reviews conducted by the department. The
1188	department may suggest additional items to be included in such
1189	independent financial audits to meet the department’s needs.
1190	Should the department determine that such independent financial
1191	audits are inadequate, other audits may be conducted by the
1192	department, as necessary. Nothing herein shall abrogate the
1193	requirements of s. 215.97.The department shall submit an annual
1194	report based upon the results of such independent audits
1195	regarding quality performance, outcome measure attainment, and
1196	cost efficiency to the President of the Senate, the Speaker of
1197	the House of Representatives, the minority leader of each house
1198	of the Legislature, and the Governor no later than January 31 of
1199	each year for each project in operation during the preceding
1200	fiscal year.
1201	(b) The department shall use these findings in making
1202	recommendations to the Governor and the Legislature for future
1203	program and funding priorities in the child welfare system.
1204	Section 8. Section 409.16745, Florida Statutes, is amended
1205	to read:
1206	409.16745 Community partnership matching grant
1207	program.--It is the intent of the Legislature to improve
1208	services and local participation in community-based care
1209	initiatives by fostering community support and providing
1210	enhanced prevention and in-home services, thereby reducing the
1211	risk otherwise faced by lead agencies. There is established a
1212	community partnership matching grant program to be operated by
1213	the Department of Children and Family Services for the purpose
1214	of encouraging local participation in community-based care for
1215	child welfare. Any children's services council or other local
1216	government entity that makes a financial commitment to a
1217	community-based care lead agency is eligible for a grant upon
1218	proof that the children's services council or local government
1219	entity has provided the selected lead agency at least $250,000
1220	$825,000 in start up funds,from any local resources otherwise
1221	available to it. The total amount of local contribution may be
1222	matched on a two-for-one basis up to a maximum amount of $2
1223	million per council or local government entity. Awarded matching
1224	grant funds may be used for any prevention or in-home services
1225	provided by the children's services council or other local
1226	government entity that meets temporary-assistance-for-needy-
1227	families' eligibility requirements and can be reasonably
1228	expected to reduce the number of children entering the child
1229	welfare system. To ensure necessary flexibility for the
1230	development, start up, and ongoing operation of community-based
1231	care initiatives, the notice period required for any budget
1232	action authorized by the provisions of s. 20.19(5)(b), is waived
1233	for the family safety program; however, the Department of
1234	Children and Family Services must provide copies of all such
1235	actions to the Executive Office of the Governor and Legislature
1236	within 72 hours of their occurrence. Funding available for the
1237	matching grant program is subject to legislative appropriation
1238	of nonrecurring temporary-assistance-for-needy-familiesfunds
1239	provided for the purpose.
1240	Section 9. Subsection (3) of section 409.175, Florida
1241	Statutes, is amended to read:
1242	409.175 Licensure of family foster homes, residential
1243	child-caring agencies, and child-placing agencies.--
1244	(3)(a) The total number of children placed in each family
1245	foster home shall be based on the recommendation of the
1246	department, or the community-based care lead agency where one is
1247	providing foster care and related services, based on the needs
1248	of each child in care, the ability of the foster family to meet
1249	the individual needs of each child, including any adoptive or
1250	biological children living in the home, the amount of safe
1251	physical plant space, the ratio of active and appropriate adult
1252	supervision, and the background, experience, and skill of the
1253	family foster parents.
1254	(b) If the total number of children in a family foster
1255	home will exceed five, including the family's own children, ana
1256	comprehensive behavioral healthassessment of each child to be
1257	placed in the home must be completed by a family services
1258	counselor and approved in writing by the counselor’s supervisor
1259	prior to placement of any additional children in the home,
1260	except that, if the placement involves a child whose sibling is
1261	already in the home or a child who has been in placement in the
1262	home previously, the assessment must be completed within 72
1263	hours after placement. The comprehensive behavioral health
1264	assessment must comply with Medicaid rules and regulations,
1265	assess and document the mental, physical, and psychosocial needs
1266	of the child,and recommend the maximum number of children in a
1267	family foster home that will allow the child's needs to be met.
1268	(c) For any licensed family foster home, the
1269	appropriateness of the number of children in the home must be
1270	reassessed annually as part of the relicensure process. For a
1271	home with more than five children, if it is determined by the
1272	licensure study at the time of relicensure that the total number
1273	of children in the home is appropriate and that there have been
1274	no substantive licensure violations and no indications of child
1275	maltreatment or child-on-child sexual abuse within the past 12
1276	months, the relicensure of the home shall not be denied based on
1277	the total number of children in the home.
1278	Section 10. Section 409.953, Florida Statutes, is amended
1279	to read:
1280	409.953 Rulemaking authority forRefugee assistance
1281	program; rulemaking authority.--
1282	(1) The Department of Children and Family Services has the
1283	authorityshall adopt rules to administer the eligibility
1284	requirements for the refugee assistance program in accordance
1285	with 45 C.F.R. parts 400 and 401. The Department of Children and
1286	Family Services or a child-placing or child-caring agency
1287	designated by the department may petition in circuit court to
1288	establish custody. Upon making a finding that a child is an
1289	unaccompanied refugee minor as defined in 45 C.F.R. s. 400.111,
1290	the court may establish custody and placement of the child in
1291	the Unaccompanied Refugee Minor Program.
1292	(2) The Department of Children and Family Services shall
1293	adopt any rules necessary for the implementation and
1294	administration of this section.
1295	Section 11. Section 937.021, Florida Statutes, is amended
1296	to read:
1297	937.021 Missing child reports.--
1298	(1)Upon the filing of a police report that a child is
1299	missing by the parent or guardian, the law enforcement agency
1300	receiving the reportwritten notificationshall immediately
1301	inform all on-duty law enforcement officers of the existence of
1302	the missing child report, communicate the report to every other
1303	law enforcement agency having jurisdiction in the county, and
1304	transmit the report for inclusion within the Florida Crime
1305	Information Center computer.
1306	(2) A police report that a child is missing may be filed
1307	with the law enforcement agency having jurisdiction in the
1308	county or municipality in which the child was last seen prior to
1309	the filing of the report, without regard to whether the child
1310	resides in or has any significant contacts with that county or
1311	municipality. The filing of such a report shall impose the
1312	duties specified in subsection (1) upon that law enforcement
1313	agency.
1314	Section 12. The Office of Program Policy Analysis and
1315	Government Accountability shall prepare an evaluation of child
1316	welfare legal services to be submitted to the President of the
1317	Senate, the Speaker of the House of Representatives, the
1318	Governor, and the Chief Justice of the Supreme Court by December
1319	31, 2003. The evaluation shall consider different models of
1320	provision of legal services in dependency proceedings on behalf
1321	of the state, including representation by other governmental,
1322	for-profit, or not-for-profit entities, and include discussion
1323	of the organizational placement on the cost and delivery of
1324	providing these services; the organizational placement’s effect
1325	on communication between attorneys and caseworkers; the ability
1326	to attract, retain, and provide professional development
1327	opportunities for experienced attorneys; and the implications of
1328	each model for the attorney’s professional responsibilities.
1329	Following receipt of the report of this evaluation and until
1330	directed otherwise by the Legislature, the department shall
1331	maintain its current delivery system for the provision of child
1332	welfare legal services.
1333	Section 13. This act shall take effect July 1, 2003.