HB 1827

CS

CHAMBER ACTION

1	The Health Care Appropriations Committee recommends the
2	following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to the Department of Children and Family
8	Services; providing legislative intent with respect to
9	establishing a structure by which the department shall
10	monitor and manage contracts with external service
11	providers; providing definitions; requiring the department
12	to competitively procure certain commodities and
13	contractual services; requiring the department to allow
14	all public postsecondary institutions to bid on contracts
15	intended for any public postsecondary institution;
16	authorizing the department to competitively procure and
17	contract for systems of treatment or service that involve
18	multiple providers; providing requirements if other
19	governmental entities contribute matching funds; requiring
20	that an entity providing matching funds must comply with
21	certain procurement procedures; authorizing the department
22	to independently procure and contract for treatment
23	services; requiring that the department develop a business
24	case before outsourcing any service or function; providing
25	requirements for the business case; requiring that the
26	business case be submitted to the Legislature for
27	approval; requiring that a contractual service that has
28	previously been outsourced be subject to the requirements
29	for a business case; requiring that a procurement of
30	contractual services equal to or in excess of the
31	threshold amount for CATEGORY FIVE comply with specified
32	requirements, including a scope of work and performance
33	standards; authorizing the department to adopt incremental
34	penalties by rule; authorizing the department to include
35	cost-neutral, performance-based incentives in a contract;
36	requiring that a contract in excess of $1 million be
37	negotiated by a contract negotiator who is certified
38	according to standards established by the Department of
39	Management Services; limiting circumstances under which
40	the department may amend a contract; requiring that a
41	proposed contract amendment be submitted to the Executive
42	Office of the Governor for approval; requiring approval of
43	a contract amendment by the Administration Commission
44	under certain circumstances; requiring the department to
45	verify that contractual terms have been satisfied before
46	renewing a contract; requiring certain documentation;
47	requiring the department to develop, in consultation with
48	the Department of Management Services, contract templates
49	and guidelines; requiring that the department establish a
50	contract-management process; specifying the requirements
51	for and components of the contract-management process;
52	providing requirements for resolving performance
53	deficiencies and terminating a contract; requiring a
54	corrective-action plan under certain circumstances;
55	requiring the department to develop standards of conduct
56	and disciplinary actions; requiring that the department
57	establish contract-monitoring units and a contract-
58	monitoring process; requiring written reports; requiring
59	on-site visits for contracts involving the provision of
60	direct client services; requiring the department to make
61	certain documents available to the Legislature; requiring
62	the department to create an electronic database to store
63	the documents; amending s. 402.73, F.S.; requiring the
64	Agency for Persons with Disabilities to implement systems
65	to ensure quality and fiscal integrity of programs in the
66	developmental services Medicaid waiver system; providing
67	an exemption for health services from competitive bidding
68	requirements; amending s. 409.1671, F.S.; conforming
69	provisions to changes made by the act; requiring that the
70	Office of Program Policy Analysis and Government
71	Accountability conduct two reviews of the contract-
72	management and accountability structures of the department
73	and report to the Legislature and the Auditor General;
74	repealing s. 402.72, F.S., relating to contract-management
75	requirements for the Department of Children and Family
76	Services; providing an appropriation; providing an
77	effective date.
78
79	Be It Enacted by the Legislature of the State of Florida:
80
81	Section 1.  Department of Children and Family Services;
82	procurement of contractual services; outsourcing or
83	privatization; contract management.--
84	(1)  LEGISLATIVE INTENT.--The Legislature intends that the
85	Department of Children and Family Services obtain services in
86	the manner that is most efficient and cost-effective for the
87	state, that provides the greatest long-term benefits to the
88	clients receiving services, and that minimizes the disruption of
89	client services. In order to meet these legislative goals, the
90	department shall comply with legislative policy guidelines that
91	require compliance with uniform procedures for procuring
92	contractual services, prescribe how the department must
93	outsource its programmatic and administrative services to
94	external service providers rather than having them provided by
95	the department or another state agency, and establish a
96	contract-management and contract-monitoring process.
97	(2)  DEFINITIONS.--As used in this section, the term:
98	(a)  "Contract manager" means the department employee who
99	is responsible for enforcing the compliance with administrative
100	and programmatic terms and conditions of a contract. The
101	contract manager is the primary point of contact through which
102	all contracting information flows between the department and the
103	contractor. The contract manager is responsible for day-to-day
104	contract oversight, including approval of contract deliverables
105	and invoices. All actions related to the contract shall be
106	initiated by or coordinated with the contract manager. The
107	contract manager maintains the official contract files.
108	(b)  "Contract monitor" means the department employee who
109	is responsible for observing, recording, and reporting to the
110	contract manager and other designated entities the information
111	necessary to assist the contract manager and program management
112	in determining whether the contractor is in compliance with the
113	administrative and programmatic terms and conditions of the
114	contract.
115	(c)  "Department" means the Department of Children and
116	Family Services.
117	(d)  "Outsourcing" means the process of contracting with an
118	external service provider to provide a service, in whole or in
119	part, while the department retains the responsibility and
120	accountability for the service.
121	(e)  "Performance measure" means the quantitative
122	indicators used to assess if the service the external provider
123	is performing is achieving the desired results. Measures of
124	performance include outputs, direct counts of program
125	activities, and outcomes or results of program activities in the
126	lives of the clients served.
127	(f)  "Performance standard" means the quantifiable,
128	specified, and desired level to be achieved for a particular
129	performance measure.
130	(g)  "Privatize" means any process aimed at transferring
131	the responsibility for a service, in whole or in part, from the
132	department to the private sector such that the private sector is
133	solely and fully responsible for the performance of the specific
134	service.
135	(h)  "Service" means all or any portion of a program or
136	program component as defined in section 216.011, Florida
137	Statutes.
138	(3)  PROCUREMENT OF COMMODITIES AND CONTRACTUAL SERVICES.--
139	(a)  For the purchase of commodities and contractual
140	services in excess of the threshold amount established in
141	section 287.017, Florida Statutes, for CATEGORY TWO, the
142	department shall comply with the requirements set forth in
143	section 287.057, Florida Statutes.
144	(b)  Notwithstanding section 287.057(5)(f)13., Florida
145	Statutes, whenever the department intends to contract with a
146	public postsecondary institution to provide a service, the
147	department must allow all public postsecondary institutions in
148	this state that are accredited by the Southern Association of
149	Colleges and Schools to bid on the contract. Thereafter,
150	notwithstanding any other provision to the contrary, if a public
151	postsecondary institution intends to subcontract for any service
152	awarded in the contract, the subcontracted service must be
153	procured by competitive procedures.
154	(c)  When it is in the best interest of a defined segment
155	of its consumer population, the department may competitively
156	procure and contract for systems of treatment or service that
157	involve multiple providers, rather than procuring and
158	contracting for treatment or services separately from each
159	participating provider. The department must ensure that all
160	providers that participate in the treatment or service system
161	meet all applicable statutory, regulatory, service-quality, and
162	cost-control requirements. If other governmental entities or
163	units of special purpose government contribute matching funds to
164	the support of a given system of treatment or service, the
165	department shall formally request information from those funding
166	entities in the procurement process and may take the information
167	received into account in the selection process. If a local
168	government contributes matching funds to support the system of
169	treatment or contracted service and if the match constitutes at
170	least 25 percent of the value of the contract, the department
171	shall afford the governmental match contributor an opportunity
172	to name an employee as one of the persons required by section
173	287.057(17), Florida Statutes, to evaluate or negotiate certain
174	contracts, unless the department sets forth in writing the
175	reason why the inclusion would be contrary to the best interest
176	of the state. Any employee so named by the governmental match
177	contributor shall qualify as one of the persons required by
178	section 287.057(17), Florida Statutes. A governmental entity or
179	unit of special purpose government may not name an employee as
180	one of the persons required by section 287.057(17), Florida
181	Statutes, if it, or any of its political subdivisions, executive
182	agencies, or special districts, intends to compete for the
183	contract to be awarded. The governmental funding entity or
184	contributor of matching funds must comply with all procurement
185	procedures set forth in section 287.057, Florida Statutes, when
186	appropriate and required.
187	(d)  The department may procure and contract for or provide
188	assessment and case-management services independently from
189	treatment services.
190	(4)  SOURCING STANDARDS AND REQUIREMENTS.--If the
191	department proposes to outsource a service, the department must
192	comply with the requirements of this section prior to the
193	procurement process provided for in section 287.057, Florida
194	Statutes.
195	(a)  The department shall develop a business case
196	describing and analyzing the service proposed for outsourcing. A
197	business case is part of the solicitation process and is not a
198	rule subject to challenge pursuant to section 120.54, Florida
199	Statutes. The business case must include, but need not be
200	limited to:
201	1.  A detailed description of the services to be
202	outsourced, a description and analysis of the department's
203	current performance of the service, and a rationale documenting
204	how outsourcing the service would be in the best interest of the
205	state, the department, and its clients.
206	2.  A cost-benefit analysis documenting the estimated
207	specific direct and indirect costs, savings, performance
208	improvements, risks, and qualitative and quantitative benefits
209	involved in or resulting from outsourcing the service. The cost-
210	benefit analysis must include a detailed plan and timeline
211	identifying all actions that must be implemented to realize
212	expected benefits. Under section 92.525, Florida Statutes, the
213	Secretary of Children and Family Services shall verify that all
214	costs, savings, and benefits are valid and achievable.
215	3.  A description of the specific performance measures and
216	standards that must be achieved through the outsourcing
217	proposal.
218	4.  A statement of the potential effect on applicable
219	federal, state, and local revenues and expenditures. The
220	statement must specifically describe the effect on general
221	revenue, trust funds, general revenue service charges, and
222	interest on trust funds, together with the potential direct or
223	indirect effect on federal funding and cost allocations.
224	5.  A plan to ensure compliance with public-record laws,
225	which must include components that:
226	a.  Provide public access to public records at a cost that
227	does not exceed that provided in chapter 119, Florida Statutes.
228	b.  Ensure the confidentiality of records that are exempt
229	from disclosure or confidential under law.
230	c.  Meet all legal requirements for record retention.
231	d.  Allow for transfer to the state, at no cost, all public
232	records in possession of the external service provider upon
233	termination of the contract.
234	6.  A department transition and implementation plan for
235	addressing changes in the number of agency personnel, affected
236	business processes, and employee-transition issues. Such a plan
237	must also specify the mechanism for continuing the operation of
238	the service if the contractor fails to perform and comply with
239	the performance measures and standards and provisions of the
240	contract. Within this plan, the department shall identify all
241	resources, including full-time equivalent positions, which are
242	subject to outsourcing. All full-time equivalent positions
243	identified in the plan shall be placed in reserve by the
244	Executive Office of the Governor until the end of the second
245	year of the contract. Notwithstanding the provisions of section
246	216.262, Florida Statutes, the Executive Office of the Governor
247	shall request authority from the Legislative Budget Commission
248	to reestablish full-time positions above the number fixed by the
249	Legislature when a contract is terminated and the outsourced
250	service must be returned to the department.
251	7.  A listing of assets proposed for transfer to or use by
252	the external service provider, a description of the proposed
253	requirements for maintenance of those assets by the external
254	service provider or the department in accordance with chapter
255	273, Florida Statutes, a plan for their disposition upon
256	termination of the contract, and a description of how the
257	planned asset transfer or use by the contractor is in the best
258	interest of the department and the state.
259	(b)1.  If the department proposes to outsource the service
260	in the next fiscal year, the department shall submit the
261	business case with the department's final legislative budget
262	request, in the manner and form prescribed in the legislative
263	budget request instructions under section 216.023, Florida
264	Statutes. Upon approval in the General Appropriations Act, the
265	department may initiate and complete the procurement process
266	under section 287.057, Florida Statutes, and shall have the
267	authority to enter into contracts with the external service
268	provider.
269	2.  If a proposed outsourcing initiative would require
270	integration with, or would in any way affect other state
271	information technology systems, the department shall submit the
272	feasibility study documentation required by the legislative
273	budget request instructions under section 216.023, Florida
274	Statutes.
275	(c)  If the department proposes to outsource a service
276	during a fiscal year and the outsourcing provision was not
277	included in the approved operating budget of the department, the
278	department must provide to the Governor, the President of the
279	Senate, the Speaker of the House of Representatives, the chairs
280	of the legislative appropriations committees, and the chairs of
281	the relevant substantive committees the business case that
282	complies with the requirements of paragraph (a) at least 45 days
283	before the release of any solicitation documents, as provided
284	for in section 287.057, Florida Statutes. Any budgetary changes
285	that are inconsistent with the department's approved budget may
286	not be made to existing programs unless the changes are
287	recommended to the Legislative Budget Commission by the Governor
288	and the Legislative Budget Commission expressly approves the
289	program changes.
290	(d)  The department may not privatize a service without
291	specific authority provided in general law, the General
292	Appropriations Act, legislation implementing the General
293	Appropriations Act, or a special appropriations act.
294	(5)  CONTRACTING AND PERFORMANCE MEASURES.--In addition to
295	the requirements of section 287.058, Florida Statutes, every
296	procurement of contractual services by the department which
297	meets or is in excess of the threshold amount provided in
298	section 287.017, Florida Statutes, for CATEGORY FIVE, must
299	comply with the requirements of this subsection.
300	(a)  The department shall execute a contract containing all
301	provisions and conditions, which must include, but need not be
302	limited to:
303	1.  A detailed scope of work that clearly specifies each
304	service and deliverable to be provided, including a description
305	of each deliverable or activity that is quantifiable,
306	measurable, and verifiable by the department and the contractor.
307	2.  Associated costs and savings, specific payment terms
308	and payment schedules, including incentive and penalty
309	provisions, criteria governing payment, and a clear and specific
310	schedule to complete all required activities needed to transfer
311	the service from the state to the contractor.
312	3.  Clear and specific identification of all required
313	performance measures and standards, which must, at a minimum,
314	include:
315	a.  Acceptance criteria for each deliverable and service to
316	be provided to the department under the terms of the contract
317	which document, to the greatest extent possible, the required
318	performance level. Acceptance criteria must be detailed, clear,
319	and unambiguous and shall be used to measure deliverables and
320	services to be provided under the contract.
321	b.  A method for monitoring and reporting progress in
322	achieving specified performance standards and levels.
323	c.  The sanctions or penalties that shall be assessed for
324	contract or state nonperformance. The department may adopt, by
325	rule, provisions for including in its contracts incremental
326	penalties to be imposed by its contract managers on a contractor
327	due to the contractor's failure to comply with a requirement for
328	corrective action. Any financial penalty that is imposed upon a
329	contractor may not be paid from funds being used to provide
330	services to clients, and the contractor may not reduce the
331	amount of services being delivered to clients as a method for
332	offsetting the effect of the penalty. If a financial penalty is
333	imposed upon a contractor that is a corporation, the department
334	shall notify, at a minimum, the board of directors of the
335	corporation. The department may notify any additional parties
336	that the department believes may be helpful in obtaining the
337	corrective action that is being sought. In addition, the rules
338	adopted by the department must include provisions that permit
339	the department to deduct the financial penalties from funds that
340	would otherwise be due to the contractor, not to exceed 10
341	percent of the amount that otherwise would be due to the
342	contractor for the period of noncompliance. If the department
343	imposes a financial penalty, it shall advise the contractor in
344	writing of the cause for the penalty. A failure to include such
345	deductions in a request for payment constitutes grounds for the
346	department to reject that request for payment. The remedies
347	identified in this paragraph do not limit or restrict the
348	department's application of any other remedy available to it in
349	the contract or under law. The remedies described in this
350	paragraph may be cumulative and may be assessed upon each
351	separate failure to comply with instructions from the department
352	to complete corrective action.
353	4.  A requirement that the contractor maintain adequate
354	accounting records that comply with all applicable federal and
355	state laws and generally accepted accounting principles.
356	5.  A requirement authorizing the department and state to
357	have access to and conduct audits of all records related to the
358	contract and outsourced services.
359	6.  A requirement that ownership of any intellectual
360	property developed in the course of, or as a result of, work or
361	services performed under the contract shall transfer to the
362	state if the contractor ceases to provide the outsourced
363	service.
364	7.  A requirement describing the timing and substance of
365	all plans and status or progress reports that are to be
366	provided. All plans and status or progress reports must comply
367	with any relevant state and federal standards for planning,
368	implementation, operations, and oversight.
369	8.  A requirement that the contractor shall comply with
370	public-record laws. The contractor shall:
371	a.  Keep and maintain the public records that ordinarily
372	and necessarily would be required by the department to perform
373	the service.
374	b.  Provide public access to such public records on the
375	same terms and conditions that the department would and at a
376	cost that does not exceed that provided in chapter 119, Florida
377	Statutes.
378	c.  Ensure the confidentiality of records that are exempt
379	from disclosure or confidential under law.
380	d.  Meet all legal and auditing requirements for record
381	retention, and transfer to the state, at no cost to the state,
382	all public records in possession of the contractor upon
383	termination of the contract. All records stored electronically
384	must be provided to the state in the format compatible with
385	state information technology systems.
386	9.  A requirement that any state funds provided for the
387	purchase of or improvements to real property are contingent upon
388	the contractor granting to the state a security interest in the
389	property which is at least equal to the amount of the state
390	funds provided for at least 5 years following the date of
391	purchase or the completion of the improvements or as further
392	required by law. The contract must include a provision that, as
393	a condition of receipt of state funding for this purpose, the
394	contractor agrees that, if it disposes of the property before
395	the department's interest is vacated, the contractor must refund
396	the proportionate share of the state's initial investment, as
397	adjusted by depreciation.
398	10.  A provision that the contractor annually submit and
399	verify, under section 92.525, Florida Statutes, all required
400	financial statements.
401	11.  A provision that the contractor will be held
402	responsible and accountable for all work covered under the
403	contract including any work performed by subcontractors. The
404	contract must state that the department may monitor the
405	performance of any subcontractor.
406	(b)  A contract may include cost-neutral, performance-based
407	incentives that may vary according to the extent a contractor
408	achieves or surpasses the performance standards set forth in the
409	contract. The incentives may be weighted proportionally to
410	reflect the extent to which the contractor has demonstrated that
411	it has consistently met or exceeded the contractual requirements
412	and the performance standards.
413	(c)  The department shall review the time period for which
414	it executes contracts and, to the greatest extent practicable,
415	shall execute multiyear contracts to make the most efficient use
416	of the resources devoted to contract processing and execution.
417	(d)  When the annualized value of a contract is in excess
418	of $1 million, at least one of the persons conducting
419	negotiations must be certified as a contract negotiator based
420	upon standards established by the Department of Management
421	Services.
422	(e)  The department may not amend a contract without first
423	submitting the proposed contract amendment to the Executive
424	Office of the Governor for approval if the effect of the
425	amendment would be to increase:
426	1.  The value of the contract by $250,000 for those
427	contracts with a total value of at least $250,000 but less than
428	$1 million;
429	2.  The value of the contract by $1 million for those
430	contracts with a total value of at least $1 million but less
431	than $10 million;
432	3.  The value of the contract by 10 percent for those
433	contracts with a total value of $10 million or more; or
434	4.  The term of the contract by 1 year or more.
435
436	When the department proposes any contract amendment that meets
437	the criteria described in this paragraph, it shall submit the
438	proposed contract amendment to the Executive Office of the
439	Governor for approval and shall immediately notify the chairs of
440	the legislative appropriations committees. The Executive Office
441	of the Governor may not approve the proposed contract amendment
442	until 14 days following receipt of the notification to the
443	legislative appropriations chairs. If either chair of the
444	legislative appropriations committees objects in writing to a
445	proposed contract amendment within 14 days following
446	notification and specifies the reasons for the objection, the
447	Executive Office of the Governor shall disapprove the proposed
448	contract amendment or shall submit the proposed contract
449	amendment to the Administration Commission. The proposed
450	contract amendment may be approved by the Administration
451	Commission by a two-thirds vote of the members present with the
452	Governor voting in the affirmative. In the absence of approval
453	by the commission, the proposed contract amendment shall be
454	automatically disapproved. Otherwise, upon approval by the
455	Governor or Administration Commission, the department may
456	execute the contract amendment.
457	(f)  An amendment that is issued under legislative
458	direction, including funding adjustments annually provided for
459	in the General Appropriations Act or the federal appropriations
460	acts, need not be submitted for approval in accordance with
461	paragraph (d).
462	(g)  In addition to the requirements of section 287.057(13)
463	and (14), Florida Statutes, the department shall verify that all
464	specific direct and indirect costs, savings, performance
465	measures and standards, and qualitative and quantitative
466	benefits identified in the original contract have been satisfied
467	by a contractor or the department before the contract is
468	extended or renewed. The documentation must include an
469	explanation of any differences between the required performance
470	as identified in the contract and the actual performance of the
471	contractor. The documentation must be included in the official
472	contract file.
473	(h)  The department shall, in consultation with the
474	Department of Management Services, develop contract templates
475	and guidelines that define the mandatory contract provisions and
476	other requirements identified in this subsection and that must
477	be used for all contractual service contracts meeting the
478	requirements of this subsection. All contract templates and
479	guidelines shall be developed by September 30, 2005.
480	(6)  CONTRACT-MANAGEMENT REQUIREMENTS AND
481	PROCESS.--Notwithstanding section 287.057(15), Florida Statutes,
482	the department is responsible for establishing a contract-
483	management process that requires a member of the department's
484	Senior Management Service to assign in writing the
485	responsibility of a contract to a contract manager. The
486	department shall maintain a set of procedures describing its
487	contract-management process which must minimally include the
488	following requirements:
489	(a)  The contract manager shall maintain the official
490	contract file throughout the duration of the contract and for a
491	period not less than 6 years after the termination of the
492	contract.
493	(b)  The contract manager shall review all invoices for
494	compliance with the criteria and payment schedule provided for
495	in the contract and shall approve payment of all invoices before
496	their transmission to the Department of Financial Services for
497	payment. Only the contract manager shall approve the invoices
498	for a specific contract, unless the contract manager is
499	temporarily unavailable to review an invoice. The contract file
500	must contain an explanation for any periods of temporary
501	unavailability of the assigned contract manager. For any
502	individual invoice in excess of $500,000, a member of the
503	Selected Exempt Service or Senior Management Service shall also
504	sign payment approval of the invoice. For any individual invoice
505	in excess of $1 million, a member of the Senior Management
506	Service shall also sign payment approval of the invoice.
507	(c)  The contract manager shall maintain a schedule of
508	payments and total amounts disbursed and shall periodically
509	reconcile the records with the state's official accounting
510	records.
511	(d)  For contracts involving the provision of direct client
512	services, the contract manager shall periodically visit the
513	physical location where the services are delivered and speak
514	directly to clients receiving the services and the staff
515	responsible for delivering the services.
516	(e)  For contracts for which the contractor is a
517	corporation, the contract manager shall attend at least one
518	board meeting semiannually, if held and if within 100 miles of
519	the contract manager's official headquarters.
520	(f)  The contract manager shall meet at least once a month
521	directly with the contractor's representative and maintain
522	records of such meetings.
523	(g)  The contract manager shall periodically document any
524	differences between the required performance measures and the
525	actual performance measures. If a contractor fails to meet and
526	comply with the performance measures established in the
527	contract, the department may allow a reasonable period for the
528	contractor to correct performance deficiencies. If performance
529	deficiencies are not resolved to the satisfaction of the
530	department within the prescribed time, and if no extenuating
531	circumstances can be documented by the contractor to the
532	department's satisfaction, the department must terminate the
533	contract. The department may not enter into a new contract with
534	that same contractor for the services for which the contract was
535	previously terminated for a period of at least 24 months after
536	the date of termination. The contract manager shall obtain and
537	enforce corrective-action plans, if appropriate, and maintain
538	records regarding the completion or failure to complete
539	corrective-action items.
540	(h)  The contract manager shall document any contract
541	modifications, which shall include recording any contract
542	amendments as provided for in this section.
543	(i)  The contract manager shall be properly trained before
544	being assigned responsibility for any contract.
545
546	The department shall develop standards of conduct and a range of
547	disciplinary actions for its employees which are specifically
548	related to carrying out contract-management responsibilities.
549	(7)  CONTRACT-MONITORING REQUIREMENTS AND PROCESS.--The
550	department shall establish contract-monitoring units staffed by
551	full-time career service employees who report to a member of the
552	Select Exempt Service or Senior Management Service and who have
553	been properly trained to perform contract monitoring. A member
554	of the Senior Management Service shall assign in writing a
555	specific contract to a contract-monitoring unit, with at least
556	one member of the contract-monitoring unit possessing specific
557	knowledge and experience in the contract's program area. The
558	department shall establish a contract-monitoring process that
559	must include, but need not be limited to, the following
560	requirements:
561	(a)  Performing a risk assessment at the start of each
562	fiscal year and preparing an annual contract-monitoring schedule
563	that includes consideration for the level of risk assigned. The
564	department may monitor any contract at any time regardless of
565	whether such monitoring was originally included in the annual
566	contract-monitoring schedule.
567	(b)  Preparing a contract-monitoring plan, including
568	sampling procedures, before performing on-site monitoring at
569	external locations of a service provider. The plan must include
570	a description of the programmatic, fiscal, and administrative
571	components that will be monitored on-site. If appropriate,
572	clinical and therapeutic components may be included.
573	(c)  Conducting analyses of the performance and compliance
574	of an external service provider by means of desk reviews if the
575	external service provider will not be monitored on-site during a
576	fiscal year.
577	(d)  Unless the department sets forth in writing the need
578	for an extension, providing a written report presenting the
579	results of the monitoring within 30 days after the completion of
580	the on-site monitoring or desk review. Report extensions may not
581	exceed 30 days after the original completion date. The
582	department shall develop and use a standard contract-monitoring
583	report format and shall provide access to the reports by means
584	of a website that is available to the Legislature.
585	(e)  For contracts involving the provision of direct client
586	services, requiring the contract monitor to visit the physical
587	location where the services are being delivered and to speak
588	directly to the clients receiving the services and with the
589	staff responsible for delivering the services.
590	(f)  Developing and maintaining a set of procedures
591	describing the contract-monitoring process.
592
593	The department shall develop standards of conduct and a range of
594	disciplinary actions for its employees which are specifically
595	related to carrying out contract-monitoring responsibilities.
596	(8)  REPORTS TO THE LEGISLATURE.--Beginning October 1,
597	2005, the department shall make available to the Legislature
598	electronically all documents associated with the procurement and
599	contracting functions of the department. The documents in the
600	database must include, but are not limited to, all:
601	(a)  Business cases;
602	(b)  Procurement documents;
603	(c)  Contracts and any related files, attachments, or
604	amendments;
605	(d)  Contract monitoring reports;
606	(e)  Corrective action plans and reports of corrective
607	actions taken when contractor performance deficiencies are
608	identified; and
609	(f)  Status reports on all outsourcing initiatives
610	describing the progress by the department towards achieving the
611	business objectives, costs, savings, and quantifiable benefits
612	identified in the business case.
613	Section 2.  Section 402.73, Florida Statutes, is amended to
614	read:
615	402.73  Contracting and performance standards.--
616	(1)  The Department of Children and Family Services shall
617	establish performance standards for all contracted client
618	services. Notwithstanding s. 287.057(5)(f), the department must
619	competitively procure any contract for client services when any
620	of the following occurs:
621	(a)  The provider fails to meet appropriate performance
622	standards established by the department after the provider has
623	been given a reasonable opportunity to achieve the established
624	standards.
625	(b)  A new program or service has been authorized and
626	funded by the Legislature and the annual value of the contract
627	for such program or service is $300,000 or more.
628	(c)  The department has concluded, after reviewing market
629	prices and available treatment options, that there is evidence
630	that the department can improve the performance outcomes
631	produced by its contract resources. At a minimum, the department
632	shall review market prices and available treatment options
633	biennially. The department shall compile the results of the
634	biennial review and include the results in its annual
635	performance report to the Legislature pursuant to chapter 94-
636	249, Laws of Florida. The department shall provide notice and an
637	opportunity for public comment on its review of market prices
638	and available treatment options.
639	(2)  The competitive requirements of subsection (1) must be
640	initiated for each contract that meets the criteria of this
641	subsection, unless the secretary makes a written determination
642	that particular facts and circumstances require deferral of the
643	competitive process. Facts and circumstances must be
644	specifically described for each individual contract proposed for
645	deferral and must include one or more of the following:
646	(a)  An immediate threat to the health, safety, or welfare
647	of the department's clients.
648	(b)  A threat to appropriate use or disposition of
649	facilities that have been financed in whole, or in substantial
650	part, through contracts or agreements with a state agency.
651	(c)  A threat to the service infrastructure of a community
652	which could endanger the well-being of the department's clients.
653
654	Competitive procurement of client services contracts that meet
655	the criteria in subsection (1) may not be deferred for longer
656	than 1 year.
657	(3)  The Legislature intends that the department obtain
658	services in the manner that is most cost-effective for the
659	state, that provides the greatest long-term benefits to the
660	clients receiving services, and that minimizes the disruption of
661	client services. In order to meet these legislative goals, the
662	department may adopt rules providing procedures for the
663	competitive procurement of contracted client services which
664	represent an alternative to the request-for-proposal or
665	invitation-to-bid process. The alternative competitive
666	procedures shall permit the department to solicit professional
667	qualifications from prospective providers and to evaluate such
668	statements of qualification before requesting service proposals.
669	The department may limit the firms invited to submit service
670	proposals to only those firms that have demonstrated the highest
671	level of professional capability to provide the services under
672	consideration, but may not invite fewer than three firms to
673	submit service proposals, unless fewer than three firms
674	submitted satisfactory statements of qualification. The
675	alternative procedures must, at a minimum, allow the department
676	to evaluate competing proposals and select the proposal that
677	provides the greatest benefit to the state while considering the
678	quality of the services, dependability, and integrity of the
679	provider, the dependability of the provider's services, the
680	experience of the provider in serving target populations or
681	client groups substantially identical to members of the target
682	population for the contract in question, and the ability of the
683	provider to secure local funds to support the delivery of
684	services, including, but not limited to, funds derived from
685	local governments. These alternative procedures need not conform
686	to the requirements of s. 287.042 or s. 287.057(1) or (2).
687	(4)  The department shall review the period for which it
688	executes contracts and, to the greatest extent practicable,
689	shall execute multiyear contracts to make the most efficient use
690	of the resources devoted to contract processing and execution.
691	(5)  When it is in the best interest of a defined segment
692	of its consumer population, the department may competitively
693	procure and contract for systems of treatment or service that
694	involve multiple providers, rather than procuring and
695	contracting for treatment or services separately from each
696	participating provider. The department must ensure that all
697	providers that participate in the treatment or service system
698	meet all applicable statutory, regulatory, service-quality, and
699	cost-control requirements. If other governmental entities or
700	units of special purpose government contribute matching funds to
701	the support of a given system of treatment or service, the
702	department shall formally request information from those funding
703	entities in the procurement process and may take the information
704	received into account in the selection process. If a local
705	government contributes match to support the system of treatment
706	or contracted service and if the match constitutes at least 25
707	percent of the value of the contract, the department shall
708	afford the governmental match contributor an opportunity to name
709	an employee as one of the persons required by s. 287.057(17) to
710	evaluate or negotiate certain contracts, unless the department
711	sets forth in writing the reason why such inclusion would be
712	contrary to the best interest of the state. Any employee so
713	named by the governmental match contributor shall qualify as one
714	of the persons required by s. 287.057(17). No governmental
715	entity or unit of special purpose government may name an
716	employee as one of the persons required by s. 287.057(17) if it,
717	or any of its political subdivisions, executive agencies, or
718	special districts, intends to compete for the contract to be
719	awarded. The governmental funding entity or match contributor
720	shall comply with any deadlines and procurement procedures
721	established by the department. The department may also involve
722	nongovernmental funding entities in the procurement process when
723	appropriate.
724	(6)  The department may contract for or provide assessment
725	and case management services independently from treatment
726	services.
727	(7)  The department shall adopt, by rule, provisions for
728	including in its contracts incremental penalties to be imposed
729	by its contract managers on a service provider due to the
730	provider's failure to comply with a requirement for corrective
731	action. Any financial penalty that is imposed upon a provider
732	may not be paid from funds being used to provide services to
733	clients, and the provider may not reduce the amount of services
734	being delivered to clients as a method for offsetting the impact
735	of the penalty. If a financial penalty is imposed upon a
736	provider that is a corporation, the department shall notify, at
737	a minimum, the board of directors of the corporation. The
738	department may notify, at its discretion, any additional parties
739	that the department believes may be helpful in obtaining the
740	corrective action that is being sought. Further, the rules
741	adopted by the department must include provisions that permit
742	the department to deduct the financial penalties from funds that
743	would otherwise be due to the provider, not to exceed 10 percent
744	of the amount that otherwise would be due to the provider for
745	the period of noncompliance. If the department imposes a
746	financial penalty, it shall advise the provider in writing of
747	the cause for the penalty. A failure to include such deductions
748	in a request for payment constitutes a ground for the department
749	to reject that request for payment. The remedies identified in
750	this subsection do not limit or restrict the department's
751	application of any other remedy available to it in the contract
752	or under law. The remedies described in this subsection may be
753	cumulative and may be assessed upon each separate failure to
754	comply with instructions from the department to complete
755	corrective action.
756	(8)  The department shall develop standards of conduct and
757	a range of disciplinary actions for its employees which are
758	specifically related to carrying out contracting
759	responsibilities.
760	(1)(9)  The Agency for Persons with Disabilities department
761	must implement systems and controls to ensure financial
762	integrity and service provision quality in the developmental
763	services Medicaid waiver service system.
764	(10)  If a provider fails to meet the performance standards
765	established in the contract, the department may allow a
766	reasonable period for the provider to correct performance
767	deficiencies. If performance deficiencies are not resolved to
768	the satisfaction of the department within the prescribed time,
769	and if no extenuating circumstances can be documented by the
770	provider to the department's satisfaction, the department must
771	cancel the contract with the provider. The department may not
772	enter into a new contract with that same provider for the
773	services for which the contract was previously canceled for a
774	period of at least 24 months after the date of cancellation. If
775	an adult substance abuse services provider fails to meet the
776	performance standards established in the contract, the
777	department may allow a reasonable period, not to exceed 6
778	months, for the provider to correct performance deficiencies. If
779	the performance deficiencies are not resolved to the
780	satisfaction of the department within 6 months, the department
781	must cancel the contract with the adult substance abuse
782	provider, unless there is no other qualified provider in the
783	service district.
784	(11)  The department shall include in its standard contract
785	document a requirement that any state funds provided for the
786	purchase of or improvements to real property are contingent upon
787	the contractor or political subdivision granting to the state a
788	security interest in the property at least to the amount of the
789	state funds provided for at least 5 years from the date of
790	purchase or the completion of the improvements or as further
791	required by law. The contract must include a provision that, as
792	a condition of receipt of state funding for this purpose, the
793	provider agrees that, if it disposes of the property before the
794	department's interest is vacated, the provider will refund the
795	proportionate share of the state's initial investment, as
796	adjusted by depreciation.
797	(12)  The department shall develop and refine contracting
798	and accountability methods that are administratively efficient
799	and that provide for optimal provider performance.
800	(13)  The department may competitively procure any contract
801	when it deems it is in the best interest of the state to do so.
802	The requirements described in subsection (1) do not, and may not
803	be construed to, limit in any way the department's ability to
804	competitively procure any contract it executes, and the absence
805	of any or all of the criteria described in subsection (1) may
806	not be used as the basis for an administrative or judicial
807	protest of the department's determination to conduct
808	competition, make an award, or execute any contract.
809	(14)  A contract may include cost-neutral, performance-
810	based incentives that may vary according to the extent a
811	provider achieves or surpasses the performance standards set
812	forth in the contract. Such incentives may be weighted
813	proportionally to reflect the extent to which the provider has
814	demonstrated that it has consistently met or exceeded the
815	contractual requirements and the department's performance
816	standards.
817	(2)(15)  Nothing contained in chapter 287 shall require
818	competitive bids for health services involving examination,
819	diagnosis, or treatment.
820	Section 3.  Paragraphs (a), (b), (e), (f), and (g) of
821	subsection (1), paragraph (b) of subsection (2), paragraph (a)
822	of subsection (4), and subsections (6) and (9) of section
823	409.1671, Florida Statutes, are amended to read:
824	409.1671  Foster care and related services; outsourcing
825	privatization.--
826	(1)(a)  It is the intent of the Legislature that the
827	Department of Children and Family Services shall outsource
828	privatize the provision of foster care and related services
829	statewide. It is further the Legislature's intent to encourage
830	communities and other stakeholders in the well-being of children
831	to participate in assuring that children are safe and well-
832	nurtured. However, while recognizing that some local governments
833	are presently funding portions of certain foster care and
834	related services programs and may choose to expand such funding
835	in the future, the Legislature does not intend by its
836	outsourcing privatization of foster care and related services
837	that any county, municipality, or special district be required
838	to assist in funding programs that previously have been funded
839	by the state. Counties that provide children and family services
840	with at least 40 licensed residential group care beds by July 1,
841	2003, and provide at least $2 million annually in county general
842	revenue funds to supplement foster and family care services
843	shall continue to contract directly with the state and shall be
844	exempt from the provisions of this section. Nothing in this
845	paragraph prohibits any county, municipality, or special
846	district from future voluntary funding participation in foster
847	care and related services. As used in this section, the term
848	"outsource" "privatize" means to contract with competent,
849	community-based agencies. The department shall submit a plan to
850	accomplish outsourcing privatization statewide, through a
851	competitive process, phased in over a 3-year period beginning
852	January 1, 2000. This plan must be developed with local
853	community participation, including, but not limited to, input
854	from community-based providers that are currently under contract
855	with the department to furnish community-based foster care and
856	related services, and must include a methodology for determining
857	and transferring all available funds, including federal funds
858	that the provider is eligible for and agrees to earn and that
859	portion of general revenue funds which is currently associated
860	with the services that are being furnished under contract. The
861	methodology must provide for the transfer of funds appropriated
862	and budgeted for all services and programs that have been
863	incorporated into the project, including all management, capital
864	(including current furniture and equipment), and administrative
865	funds to accomplish the transfer of these programs. This
866	methodology must address expected workload and at least the 3
867	previous years' experience in expenses and workload. With
868	respect to any district or portion of a district in which
869	outsourcing privatization cannot be accomplished within the 3-
870	year timeframe, the department must clearly state in its plan
871	the reasons the timeframe cannot be met and the efforts that
872	should be made to remediate the obstacles, which may include
873	alternatives to total outsourcing privatization, such as public-
874	private partnerships. As used in this section, the term "related
875	services" includes, but is not limited to, family preservation,
876	independent living, emergency shelter, residential group care,
877	foster care, therapeutic foster care, intensive residential
878	treatment, foster care supervision, case management,
879	postplacement supervision, permanent foster care, and family
880	reunification. Unless otherwise provided for, the state attorney
881	shall provide child welfare legal services, pursuant to chapter
882	39 and other relevant provisions, in Pinellas and Pasco
883	Counties. When a private nonprofit agency has received case
884	management responsibilities, transferred from the state under
885	this section, for a child who is sheltered or found to be
886	dependent and who is assigned to the care of the outsourcing
887	privatization project, the agency may act as the child's
888	guardian for the purpose of registering the child in school if a
889	parent or guardian of the child is unavailable and his or her
890	whereabouts cannot reasonably be ascertained. The private
891	nonprofit agency may also seek emergency medical attention for
892	such a child, but only if a parent or guardian of the child is
893	unavailable, his or her whereabouts cannot reasonably be
894	ascertained, and a court order for such emergency medical
895	services cannot be obtained because of the severity of the
896	emergency or because it is after normal working hours. However,
897	the provider may not consent to sterilization, abortion, or
898	termination of life support. If a child's parents' rights have
899	been terminated, the nonprofit agency shall act as guardian of
900	the child in all circumstances.
901	(b)  It is the intent of the Legislature that the
902	department will continue to work towards full outsourcing
903	privatization in a manner that assures the viability of the
904	community-based system of care and best provides for the safety
905	of children in the child protection system. To this end, the
906	department is directed to continue the process of outsourcing
907	privatizing services in those counties in which signed startup
908	contracts have been executed. The department may also continue
909	to enter into startup contracts with additional counties.
910	However, no services shall be transferred to a community-based
911	care lead agency until the department, in consultation with the
912	local community alliance, has determined and certified in
913	writing to the Governor and the Legislature that the district is
914	prepared to transition the provision of services to the lead
915	agency and that the lead agency is ready to deliver and be
916	accountable for such service provision. In making this
917	determination, the department shall conduct a readiness
918	assessment of the district and the lead agency.
919	1.  The assessment shall evaluate the operational readiness
920	of the district and the lead agency based on:
921	a.  A set of uniform criteria, developed in consultation
922	with currently operating community-based care lead agencies and
923	reflecting national accreditation standards, that evaluate
924	programmatic, financial, technical assistance, training and
925	organizational competencies; and
926	b.  Local criteria reflective of the local community-based
927	care design and the community alliance priorities.
928	2.  The readiness assessment shall be conducted by a joint
929	team of district and lead agency staff with direct experience
930	with the start up and operation of a community-based care
931	service program and representatives from the appropriate
932	community alliance. Within resources available for this purpose,
933	the department may secure outside audit expertise when necessary
934	to assist a readiness assessment team.
935	3.  Upon completion of a readiness assessment, the
936	assessment team shall conduct an exit conference with the
937	district and lead agency staff responsible for the transition.
938	4.  Within 30 days following the exit conference with staff
939	of each district and lead agency, the secretary shall certify in
940	writing to the Governor and the Legislature that both the
941	district and the lead agency are prepared to begin the
942	transition of service provision based on the results of the
943	readiness assessment and the exit conference. The document of
944	certification must include specific evidence of readiness on
945	each element of the readiness instrument utilized by the
946	assessment team as well as a description of each element of
947	readiness needing improvement and strategies being implemented
948	to address each one.
949	(e)  As used in this section, the term "eligible lead
950	community-based provider" means a single agency with which the
951	department shall contract for the provision of child protective
952	services in a community that is no smaller than a county. The
953	secretary of the department may authorize more than one eligible
954	lead community-based provider within a single county when to do
955	so will result in more effective delivery of foster care and
956	related services. To compete for an outsourcing a privatization
957	project, such agency must have:
958	1.  The ability to coordinate, integrate, and manage all
959	child protective services in the designated community in
960	cooperation with child protective investigations.
961	2.  The ability to ensure continuity of care from entry to
962	exit for all children referred from the protective investigation
963	and court systems.
964	3.  The ability to provide directly, or contract for
965	through a local network of providers, all necessary child
966	protective services. Such agencies should directly provide no
967	more than 35 percent of all child protective services provided.
968	4.  The willingness to accept accountability for meeting
969	the outcomes and performance standards related to child
970	protective services established by the Legislature and the
971	Federal Government.
972	5.  The capability and the willingness to serve all
973	children referred to it from the protective investigation and
974	court systems, regardless of the level of funding allocated to
975	the community by the state, provided all related funding is
976	transferred.
977	6.  The willingness to ensure that each individual who
978	provides child protective services completes the training
979	required of child protective service workers by the Department
980	of Children and Family Services.
981	7.  The ability to maintain eligibility to receive all
982	federal child welfare funds, including Title IV-E and IV-A
983	funds, currently being used by the Department of Children and
984	Family Services.
985	8.  Written agreements with Healthy Families Florida lead
986	entities in their community, pursuant to s. 409.153, to promote
987	cooperative planning for the provision of prevention and
988	intervention services.
989	9.  A board of directors, of which at least 51 percent of
990	the membership is comprised of persons residing in this state.
991	Of the state residents, at least 51 percent must also reside
992	within the service area of the lead community-based provider.
993	(f)1.  The Legislature finds that the state has
994	traditionally provided foster care services to children who have
995	been the responsibility of the state. As such, foster children
996	have not had the right to recover for injuries beyond the
997	limitations specified in s. 768.28. The Legislature has
998	determined that foster care and related services need to be
999	outsourced privatized pursuant to this section and that the
1000	provision of such services is of paramount importance to the
1001	state. The purpose for such outsourcing privatization is to
1002	increase the level of safety, security, and stability of
1003	children who are or become the responsibility of the state. One
1004	of the components necessary to secure a safe and stable
1005	environment for such children is that private providers maintain
1006	liability insurance. As such, insurance needs to be available
1007	and remain available to nongovernmental foster care and related
1008	services providers without the resources of such providers being
1009	significantly reduced by the cost of maintaining such insurance.
1010	2.  The Legislature further finds that, by requiring the
1011	following minimum levels of insurance, children in outsourced
1012	privatized foster care and related services will gain increased
1013	protection and rights of recovery in the event of injury than
1014	provided for in s. 768.28.
1015	(g)  In any county in which a service contract has not been
1016	executed by December 31, 2004, the department shall ensure
1017	access to a model comprehensive residential services program as
1018	described in s. 409.1677 which, without imposing undue
1019	financial, geographic, or other barriers, ensures reasonable and
1020	appropriate participation by the family in the child's program.
1021	1.  In order to ensure that the program is operational by
1022	December 31, 2004, the department must, by December 31, 2003,
1023	begin the process of establishing access to a program in any
1024	county in which the department has not either entered into a
1025	transition contract or approved a community plan, as described
1026	in paragraph (d), which ensures full outsourcing privatization
1027	by the statutory deadline.
1028	2.  The program must be procured through a competitive
1029	process.
1030	3.  The Legislature does not intend for the provisions of
1031	this paragraph to substitute for the requirement that full
1032	conversion to community-based care be accomplished.
1033	(2)
1034	(b)  Persons employed by the department in the provision of
1035	foster care and related services whose positions are being
1036	outsourced under privatized pursuant to this statute shall be
1037	given hiring preference by the provider, if provider
1038	qualifications are met.
1039	(4)(a)  The department, in consultation with the community-
1040	based agencies that are undertaking the outsourced privatized
1041	projects, shall establish a quality assurance program for
1042	privatized services. The quality assurance program shall be
1043	based on standards established by the Adoption and Safe Families
1044	Act as well as by a national accrediting organization such as
1045	the Council on Accreditation of Services for Families and
1046	Children, Inc. (COA) or CARF--the Rehabilitation Accreditation
1047	Commission. Each program operated under contract with a
1048	community-based agency must be evaluated annually by the
1049	department. The department shall, to the extent possible, use
1050	independent financial audits provided by the community-based
1051	care agency to eliminate or reduce the ongoing contract and
1052	administrative reviews conducted by the department. The
1053	department may suggest additional items to be included in such
1054	independent financial audits to meet the department's needs.
1055	Should the department determine that such independent financial
1056	audits are inadequate, then other audits, as necessary, may be
1057	conducted by the department. Nothing herein shall abrogate the
1058	requirements of s. 215.97. The department shall submit an annual
1059	report regarding quality performance, outcome measure
1060	attainment, and cost efficiency to the President of the Senate,
1061	the Speaker of the House of Representatives, the minority leader
1062	of each house of the Legislature, and the Governor no later than
1063	January 31 of each year for each project in operation during the
1064	preceding fiscal year.
1065	(6)  Beginning January 1, 1999, and continuing at least
1066	through June 30, 2000, the Department of Children and Family
1067	Services shall outsource privatize all foster care and related
1068	services in district 5 while continuing to contract with the
1069	current model programs in districts 1, 4, and 13, and in
1070	subdistrict 8A, and shall expand the subdistrict 8A pilot
1071	program to incorporate Manatee County. Planning for the district
1072	5 outsourcing privatization shall be done by providers that are
1073	currently under contract with the department for foster care and
1074	related services and shall be done in consultation with the
1075	department.  A lead provider of the district 5 program shall be
1076	competitively selected, must demonstrate the ability to provide
1077	necessary comprehensive services through a local network of
1078	providers, and must meet criteria established in this section.
1079	Contracts with organizations responsible for the model programs
1080	must include the management and administration of all outsourced
1081	privatized services specified in subsection (1). However, the
1082	department may use funds for contract management only after
1083	obtaining written approval from the Executive Office of the
1084	Governor. The request for such approval must include, but is not
1085	limited to, a statement of the proposed amount of such funds and
1086	a description of the manner in which such funds will be used. If
1087	the community-based organization selected for a model program
1088	under this subsection is not a Medicaid provider, the
1089	organization shall be issued a Medicaid provider number pursuant
1090	to s. 409.907 for the provision of services currently authorized
1091	under the state Medicaid plan to those children encompassed in
1092	this model and in a manner not to exceed the current level of
1093	state expenditure.
1094	(9)  Each district and subdistrict that participates in the
1095	model program effort or any future outsourcing privatization
1096	effort as described in this section must thoroughly analyze and
1097	report the complete direct and indirect costs of delivering
1098	these services through the department and the full cost of
1099	outsourcing privatization, including the cost of monitoring and
1100	evaluating the contracted services.
1101	Section 4.  The Office of Program Policy Analysis and
1102	Government Accountability shall conduct two reviews of the
1103	contract-management and accountability structures of the
1104	Department of Children and Family Services, including, but not
1105	limited to, whether the department is adequately monitoring and
1106	managing its outsourced or privatized functions and services.
1107	The office shall report its findings and recommendations to the
1108	President of the Senate, the Speaker of the House of
1109	Representatives, and the Auditor General by February 1 of 2006
1110	and 2007, respectively.
1111	Section 5.  Section 402.72, Florida Statutes, is repealed.
1112	Section 6.  For fiscal year 2005-2006, there is hereby
1113	appropriated the sum of $102,232 in nonrecurring General Revenue
1114	funds to the Department of Children and Family Services to
1115	enable the department to comply with the electronic reporting
1116	requirements of section 1 of this act.
1117	Section 7.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.