Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 92
       
       
       
       
       
       
                                Ì646020fÎ646020                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/10/2021           .                                
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       Appropriations Subcommittee on Health and Human Services (Bean)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 358 - 957
    4  and insert:
    5         Section 5. Paragraph (m) is added to subsection (3) of
    6  section 394.9082, Florida Statutes, to read:
    7         394.9082 Behavioral health managing entities.—
    8         (3) DEPARTMENT DUTIES.—The department shall:
    9         (m)Collect and post all of the following information on
   10  its website, updated annually, for each managing entity under
   11  contract with the department:
   12         1.Current salaries, bonuses, and other compensation paid,
   13  by position, for any employee who receives a salary from state
   14  appropriated funds, including state-appropriated federal funds,
   15  whether base pay or base pay combined with any bonus or
   16  incentive payments, in excess of 150 percent of the annual
   17  salary paid to the secretary of the Department of Children and
   18  Families. For purposes of this subparagraph, the term “employee”
   19  includes, but is not limited to, the chief executive officer,
   20  chief financial officer, and chief operating officer, or any
   21  other executive staff of the managing entity.
   22         2. All findings of the comprehensive, multi-year review of
   23  the revenues, expenditures, and financial position of all
   24  managing entities, which shall cover the most recent two
   25  consecutive fiscal years. The review must include a
   26  comprehensive system-of-care analysis and provide expenditure
   27  information related to direct care, administration, and indirect
   28  costs. All contracted entities must develop and maintain a plan
   29  to achieve financial viability which shall accompany the
   30  department’s submission. The findings from this review shall be
   31  submitted to the Governor, the President of the Senate, and the
   32  Speaker of the House of Representatives by November 1, of each
   33  year in addition to being posted on the department’s internet
   34  website.
   35         Section 6. Section 394.90825, Florida Statutes, is created
   36  to read:
   37         394.90825 Boards of managing entities; conflicts of
   38  interest.—
   39         (1) As used in this section, the term:
   40         (a) “Activity” includes, but is not limited to, a contract
   41  for goods and services, a contract for the purchase of any real
   42  or tangible property, or an agreement to engage with the
   43  managing entity for the benefit of a third party in exchange for
   44  an interest in real or tangible property, a monetary benefit, or
   45  an in-kind contribution.
   46         (b) “Conflict of interest” means when a board member or an
   47  officer, or a relative of a board member or an officer, of the
   48  managing entity does any of the following:
   49         1. Enters into a contract or other transaction for goods or
   50  services with the managing entity.
   51         2. Holds a direct or indirect interest in a corporation,
   52  limited liability corporation, partnership, limited liability
   53  partnership, or other business entity that conducts business
   54  with the managing entity or proposes to enter into a contract or
   55  other transaction with the managing entity. For purposes of this
   56  paragraph, “indirect interest” has the same meaning as provided
   57  in s. 112.312.
   58         3. Knowingly obtains a direct or indirect personal,
   59  financial, professional, or other benefit as a result of the
   60  relationship of such member or officer, or relative of the
   61  member or officer, with the managing entity. For purposes of
   62  this paragraph, the term “benefit” does not include per diem and
   63  travel expenses paid or reimbursed to board members in
   64  connection with their service on the board.
   65         (c) “Managing entity” has the same meaning as in s.
   66  394.9082.
   67         (d) “Relative” means a relative within the third degree of
   68  consanguinity by blood or marriage.
   69         (2)(a)For any activity that is presented to the board of a
   70  managing entity for its initial consideration and approval after
   71  July 1, 2021, or any activity that involves a contract that is
   72  being considered for renewal on or after July 1, 2021, and
   73  before January 1, 2022, a board member or an officer of a
   74  managing entity shall disclose to the board any activity that
   75  may reasonably be construed to be a conflict of interest before
   76  such activity is initially considered and approved or renewed by
   77  the board. A rebuttable presumption of a conflict of interest
   78  exists if the activity was acted upon by the board without prior
   79  notice as required under subsection (3).
   80         (b) For contracts with a managing entity which are in
   81  existence on July 1, 2021, and are not subject to renewal before
   82  January 1, 2022, a board member or an officer shall disclose to
   83  the board any activity that may reasonably be construed to be a
   84  conflict of interest under this section by December 31, 2021.
   85         (3)(a) If a board member or an officer, or a relative of a
   86  member or an officer, proposes to engage in an activity as
   87  described in (2)(a), the proposed activity must be listed on the
   88  meeting agenda for the next general or special meeting of the
   89  members, and copies of all contracts and transactional documents
   90  related to the proposed activity must be included in the agenda.
   91  The meeting agenda must clearly identify the existence of a
   92  potential conflict of interest for the proposed activity. Before
   93  a member or an officer, or a relative of a member or an officer,
   94  engages in the proposed activity, the activity and contract or
   95  other transaction documents must be approved by an affirmative
   96  vote of two-thirds of all other members present.
   97         (b) If a member or an officer notifies the board of a
   98  potential conflict of interest with the member or officer, or a
   99  relative of the member or officer, under an existing contract as
  100  described in paragraph (2)(b), the board must notice the
  101  activity on a meeting agenda for the next general or special
  102  meeting of the members, and copies of all contracts and
  103  transactional documents related to the activity must be
  104  attached. The meeting agenda must clearly identify the existence
  105  of a potential conflict of interest. The board must be given the
  106  opportunity to approve or disapprove the conflict of interest by
  107  a vote of two-thirds of all other members present.
  108         (4)(a) If the board votes against the proposed activity
  109  pursuant to paragraph (3)(a), the board member or officer, or
  110  the relative of the member or officer, must notify the board in
  111  writing of his or her intention, or his or her relative’s
  112  intention, not to pursue the proposed activity, or the member or
  113  officer shall withdraw from office before the next scheduled
  114  board meeting. If the board finds that an officer or a member
  115  has violated this paragraph, the officer or member shall be
  116  deemed removed from office before the next scheduled board
  117  meeting.
  118         (b) In the event that the board does not approve of a
  119  conflict of interest as required in paragraph (3)(b), the
  120  parties to the activity may opt to cancel the activity or, in
  121  the alternative, the member or officer must resign from the
  122  board before the next scheduled board meeting. If the activity
  123  canceled is a contract, the managing entity is only liable for
  124  the reasonable value of the goods and services provided up to
  125  the time of cancellation and is not liable for any termination
  126  fee, liquidated damages, or other form of penalty for such
  127  cancellation.
  128         (5) A board member or an officer, or a relative of a member
  129  or an officer, who is a party to, or has an interest in, an
  130  activity that is a possible conflict of interest may attend the
  131  meeting at which the activity is considered by the board and is
  132  authorized to make a presentation to the board regarding the
  133  activity. After the presentation, the member or officer, or the
  134  relative of the member or officer, shall leave the meeting
  135  during the discussion of, and the vote on, the activity. A
  136  member or an officer who is a party to, or has an interest in,
  137  the activity shall recuse himself or herself from the vote.
  138         (6) A contract entered into between a board member or an
  139  officer, or a relative of a member or an officer, and the
  140  managing entity which has not been properly disclosed as a
  141  conflict of interest or potential conflict of interest under
  142  this section is voidable and terminates upon the filing of a
  143  written notice terminating the contract with the board of
  144  directors which contains the consent of at least 20 percent of
  145  the voting interests of the managing entity.
  146         Section 7. Section 409.987, Florida Statutes, is amended to
  147  read:
  148         409.987 Lead agency procurement; boards; conflicts of
  149  interest.—
  150         (1) Community-based care lead agencies shall be procured by
  151  the department through a competitive process as required under
  152  chapter 287.
  153         (2) The department shall produce a schedule for the
  154  procurement of community-based care lead agencies and provide
  155  the schedule to the community alliances established pursuant to
  156  s. 20.19(5) and post the schedule on the department’s website.
  157         (3) Notwithstanding s. 287.057, the department shall use 5
  158  year contracts with lead agencies.
  159         (4) In order to serve as a lead agency, an entity must:
  160         (a) Be organized as a Florida corporation or a governmental
  161  entity.
  162         (b) Be governed by a board of directors or a board
  163  committee composed of board members. The membership of the board
  164  of directors or board committee must be described in the bylaws
  165  or articles of incorporation of each lead agency, which must
  166  provide that at least 75 percent of the membership of the board
  167  of directors or board committee must consist of persons residing
  168  in this state, and at least 51 percent of the state residents on
  169  the board of directors must reside within the service area of
  170  the lead agency. However, for procurements of lead agency
  171  contracts initiated on or after July 1, 2014:
  172         1. At least 75 percent of the membership of the board of
  173  directors must consist of persons residing in this state, and at
  174  least 51 percent of the membership of the board of directors
  175  must consist of persons residing within the service area of the
  176  lead agency. If a board committee governs the lead agency, 100
  177  percent of its membership must consist of persons residing
  178  within the service area of the lead agency.
  179         2. The powers of the board of directors or board committee
  180  include, but are not limited to, approving the lead agency’s
  181  budget and setting the lead agency’s operational policy and
  182  procedures. A board of directors must additionally have the
  183  power to hire the lead agency’s executive director, unless a
  184  board committee governs the lead agency, in which case the board
  185  committee must have the power to confirm the selection of the
  186  lead agency’s executive director.
  187         (c) Demonstrate financial responsibility through an
  188  organized plan for regular fiscal audits and the posting of a
  189  performance bond.
  190         (5) The department’s procurement team procuring any lead
  191  agencies’ contracts must include individuals from the community
  192  alliance in the area to be served under the contract. All
  193  meetings at which vendors make presentations to or negotiate
  194  with the procurement team shall be held in the area to be served
  195  by the contract.
  196         (6)In communities where conditions make it impossible or
  197  not feasible to competitively contract with a lead agency, the
  198  department shall develop an alternative plan, in collaboration
  199  with the local community alliance, that may include establishing
  200  an innovative consortia of partners which may include, but is
  201  not limited to, private entities, local and county governmental
  202  entities, and the department. The plan must detail how the
  203  community will continue to implement community-based care
  204  through competitively procuring either the specific components
  205  of foster care and related services or comprehensive services
  206  for defined eligible populations of children and families from
  207  qualified licensed agencies as part of the community’s efforts
  208  to develop the local capacity for a community-based system of
  209  coordinated care. The plan must ensure local control over the
  210  management and administration of the service provision in
  211  accordance with the intent of this section and may adhere to
  212  recognized best business practices, including, but not limited
  213  to, the use of public or private partnerships.
  214         (7)(a)As used in this subsection, the term:
  215         1. “Activity” includes, but is not limited to, a contract
  216  for goods and services, a contract for the purchase of any real
  217  or tangible property, or an agreement to engage with the lead
  218  agency for the benefit of a third party in exchange for an
  219  interest in real or tangible property, a monetary benefit, or an
  220  in-kind contribution.
  221         2. “Conflict of interest” means when a board member or an
  222  officer, or a relative of a member or an officer, of the lead
  223  agency does any of the following:
  224         a. Enters into a contract or other transaction for goods or
  225  services with the lead agency.
  226         b. Holds a direct or indirect interest in a corporation,
  227  limited liability corporation, partnership, limited liability
  228  partnership, or other business entity that conducts business
  229  with the lead agency or proposes to enter into a contract or
  230  other transaction with the lead agency. For purposes of this
  231  subparagraph, “indirect interest” has the same meaning as
  232  provided in s. 112.312.
  233         c. Knowingly obtains a direct or indirect personal,
  234  financial, professional, or other benefit as a result of the
  235  relationship of such member or officer, or relative of the
  236  member or officer, with the lead agency. For purposes of this
  237  subparagraph, the term “benefits” does not include per diem and
  238  travel expenses paid or reimbursed to board members in
  239  connection with their service on the board.
  240         3. “Relative” means a relative within the third degree of
  241  consanguinity by blood or marriage.
  242         (b)1. For any activity that is presented to the board for
  243  its initial consideration and approval on or after July 1, 2021,
  244  or any activity that involves a contract which is being
  245  considered for renewal on or after July 1, 2021, and before
  246  January 1, 2022, a board member or an officer of a lead agency
  247  must disclose to the board any activity that may reasonably be
  248  construed to be a conflict of interest before such activity is
  249  initially considered and approved or renewed by the board. A
  250  rebuttable presumption of a conflict of interest exists if the
  251  activity was acted upon by the board without prior notice, as
  252  required in paragraph (c).
  253         2. For contracts with a lead agency which are in existence
  254  on July 1, 2021, and are not subject to renewal before January
  255  1, 2022, a board member or officer shall disclose to the board
  256  any activity that may reasonably be construed to be a conflict
  257  of interest under this section by December 31, 2021.
  258         (c)1. If a member or an officer, or a relative of a member
  259  or an officer, proposes to engage in an activity that is covered
  260  by subparagraph (b)1., the proposed activity must be listed on
  261  the meeting agenda for the next general or special meeting of
  262  the members, and copies of all contracts and transactional
  263  documents related to the proposed activity must be included in
  264  the agenda. The meeting agenda must clearly identify the
  265  existence of a potential conflict of interest for the proposed
  266  activity. Before a member or an officer, or a relative of a
  267  member or an officer, engages in the proposed activity, the
  268  activity and contract or other transaction documents must be
  269  approved by an affirmative vote of two-thirds of all other
  270  members present.
  271         2. If a member or an officer notifies the board of a
  272  potential conflict of interest with the member or officer, or a
  273  relative of the member or officer, under an existing contract as
  274  described in subparagraph (b)2., the board must notice the
  275  activity on a meeting agenda for the next general or special
  276  meeting of the members, and copies of all contracts and
  277  transactional documents related to the activity must be
  278  attached. The meeting agenda must clearly identify the existence
  279  of a potential conflict of interest. The board must be given the
  280  opportunity to approve or disapprove of the conflict of interest
  281  by a vote of two-thirds of all other members present.
  282         (d)1. If the board votes against the proposed activity
  283  pursuant to subparagraph (c)1., the member or officer, or the
  284  relative of the member or officer, must notify the board in
  285  writing of his or her intention, or his or her relative’s
  286  intention, not to pursue the proposed activity, or the member or
  287  officer shall withdraw from office before the next scheduled
  288  board meeting. If the board finds that an officer or a member
  289  has violated this subparagraph, the officer or member shall be
  290  deemed removed from office before the next scheduled board
  291  meeting.
  292         2. In the event that the board does not approve of a
  293  conflict as required in subparagraph (c)2., the parties to the
  294  activity may opt to cancel the activity or, in the alternative,
  295  the member or officer must resign from the board before the next
  296  scheduled board meeting. If the activity canceled is a contract,
  297  the lead agency is only liable for the reasonable value of the
  298  goods and services provided up to the time of cancellation and
  299  is not liable for any termination fee, liquidated damages, or
  300  other form of penalty for such cancellation.
  301         (e) A member or an officer, or a relative of a member or an
  302  officer, who is a party to, or has an interest in, an activity
  303  that is a possible conflict of interest may attend the meeting
  304  at which the activity is considered by the board and is
  305  authorized to make a presentation to the board regarding the
  306  activity. After the presentation, the member or officer, or the
  307  relative of the member or officer, must leave the meeting during
  308  the discussion of, and the vote on, the activity. A member or an
  309  officer who is a party to, or has an interest in, the activity
  310  must recuse himself or herself from the vote.
  311         (f) A contract entered into between a member or an officer,
  312  or a relative of a member or an officer, and the lead agency
  313  which has not been properly disclosed as a conflict of interest
  314  or potential conflict of interest under this subsection is
  315  voidable and terminates upon the filing of a written notice
  316  terminating the contract with the board of directors which
  317  contains the consent of at least 20 percent of the voting
  318  interests of the lead agency.
  319         Section 8. Subsection (1) of section 409.988, Florida
  320  Statutes, is amended to read:
  321         409.988 Lead agency duties; general provisions.—
  322         (1) DUTIES.—A lead agency:
  323         (a) Shall serve all children referred as a result of a
  324  report of abuse, neglect, or abandonment to the department’s
  325  central abuse hotline, including, but not limited to, children
  326  who are the subject of verified reports and children who are not
  327  the subject of verified reports but who are at moderate to
  328  extremely high risk of abuse, neglect, or abandonment, as
  329  determined using the department’s risk assessment instrument,
  330  regardless of the level of funding allocated to the lead agency
  331  by the state if all related funding is transferred. The lead
  332  agency may also serve children who have not been the subject of
  333  reports of abuse, neglect, or abandonment, but who are at risk
  334  of abuse, neglect, or abandonment, to prevent their entry into
  335  the child protection and child welfare system.
  336         (b) Shall provide accurate and timely information necessary
  337  for oversight by the department pursuant to the child welfare
  338  results-oriented accountability system required by s. 409.997.
  339         (c) Shall follow the financial guidelines developed by the
  340  department and provide for a regular independent auditing of its
  341  financial activities. Such financial information shall be
  342  provided to the community alliance established under s.
  343  20.19(5).
  344         (d) Shall post on its website the current budget for the
  345  lead agency, including the salaries, bonuses, and other
  346  compensation paid, by position, for the agency’s chief executive
  347  officer, chief financial officer, and chief operating officer,
  348  or their equivalents.
  349         (e) Shall prepare all judicial reviews, case plans, and
  350  other reports necessary for court hearings for dependent
  351  children, except those related to the investigation of a
  352  referral from the department’s child abuse hotline, and shall
  353  submit these documents timely to the department’s attorneys for
  354  review, any necessary revision, and filing with the court. The
  355  lead agency shall make the necessary staff available to
  356  department attorneys for preparation for dependency proceedings,
  357  and shall provide testimony and other evidence required for
  358  dependency court proceedings in coordination with the
  359  department’s attorneys. This duty does not include the
  360  preparation of legal pleadings or other legal documents, which
  361  remain the responsibility of the department.
  362         (e)(f) Shall ensure that all individuals providing care for
  363  dependent children receive:
  364         1. Appropriate training and meet the minimum employment
  365  standards established by the department. Appropriate training
  366  shall include, but is not limited to, training on the
  367  recognition of and responses to head trauma and brain injury in
  368  a child under 6 years of age developed by the Child Protection
  369  Team Program within the Department of Health.
  370         2. Contact information for the local mobile response team
  371  established under s. 394.495.
  372         (f)(g) Shall maintain eligibility to receive all available
  373  federal child welfare funds.
  374         (g)Shall demonstrate the ability to adhere to all best
  375  child welfare practices pursuant to ss. 39.4087, 39.523,
  376  409.1415, and 409.145.
  377         (h) Shall maintain written agreements with Healthy Families
  378  Florida lead entities in its service area pursuant to s. 409.153
  379  to promote cooperative planning for the provision of prevention
  380  and intervention services.
  381         (i) Shall comply with federal and state statutory
  382  requirements and agency rules in the provision of contractual
  383  services.
  384         (j) May subcontract for the provision of services required
  385  by the contract with the lead agency and the department;
  386  however, the subcontracts must specify how the provider will
  387  contribute to the lead agency meeting the performance standards
  388  established pursuant to the child welfare results-oriented
  389  accountability system required by s. 409.997. The lead agency
  390  shall directly provide no more than 35 percent of all child
  391  welfare services provided unless it can demonstrate a need,
  392  within the lead agency’s geographic service area, to exceed this
  393  threshold. The local community alliance in the geographic
  394  service area in which the lead agency is seeking to exceed the
  395  threshold shall review the lead agency’s justification for need
  396  and recommend to the department whether the department should
  397  approve or deny the lead agency’s request for an exemption from
  398  the services threshold. If there is not a community alliance
  399  operating in the geographic service area in which the lead
  400  agency is seeking to exceed the threshold, such review and
  401  recommendation shall be made by representatives of local
  402  stakeholders, including at least one representative from each of
  403  the following:
  404         1. The department.
  405         2. The county government.
  406         3. The school district.
  407         4. The county United Way.
  408         5. The county sheriff’s office.
  409         6. The circuit court corresponding to the county.
  410         7. The county children’s board, if one exists.
  411         (k) Shall post on its website by the 15th day of each month
  412  at a minimum the information contained in subparagraphs 1.-4.
  413  for the preceding calendar month regarding its case management
  414  services. The following information shall be reported by each
  415  individual subcontracted case management provider, by the lead
  416  agency, if the lead agency provides case management services,
  417  and in total for all case management services subcontracted or
  418  directly provided by the lead agency:
  419         1. The average caseload of case managers, including only
  420  filled positions;
  421         2. The turnover rate for case managers and case management
  422  supervisors for the previous 12 months;
  423         3. The percentage of required home visits completed; and
  424         4. Performance on outcome measures required pursuant to s.
  425  409.997 for the previous 12 months.
  426         (l) Shall identify an employee to serve as a liaison with
  427  the community alliance and community-based and faith-based
  428  organizations interested in collaborating with the lead agency
  429  or offering services or other assistance on a volunteer basis to
  430  the children and families served by the lead agency. The lead
  431  agency shall ensure that appropriate lead agency staff and
  432  subcontractors, including, but not limited to, case managers,
  433  are informed of the specific services or assistance available
  434  from community-based and faith-based organizations.
  435         Section 9. Present subsections (3) through (25) of section
  436  409.996, Florida Statutes, are redesignated as subsections (4)
  437  through (26), respectively, a new subsection (3) is added to
  438  that section, and subsections (1) and (2) and paragraph (d) of
  439  present subsection (25) are amended, to read:
  440         409.996 Duties of the Department of Children and Families.
  441  The department shall contract for the delivery, administration,
  442  or management of care for children in the child protection and
  443  child welfare system. In doing so, the department retains
  444  responsibility for the quality of contracted services and
  445  programs and shall ensure that, at a minimum, services are
  446  delivered in accordance with applicable federal and state
  447  statutes and regulations and the performance standards and
  448  metrics specified in the strategic plan created under s.
  449  20.19(1).
  450         (1) The department shall enter into contracts with lead
  451  agencies for the performance of the duties by the lead agencies
  452  established in s. 409.988. At a minimum, the contracts must do
  453  all of the following:
  454         (a) Provide for the services needed to accomplish the
  455  duties established in s. 409.988. and
  456         (b)Provide information to the department which specifies
  457  how the lead agency will adhere to all best child welfare
  458  practices pursuant to ss. 39.4087, 39.523, 409.1415, and
  459  409.145.
  460         (c) Provide information to the department which is
  461  necessary to meet the requirements for a quality assurance
  462  program under subsection (20) (19) and the child welfare
  463  results-oriented accountability system under s. 409.997.
  464         (d)(b) Provide for tiered interventions and graduated
  465  penalties for failure to comply with contract terms or in the
  466  event of performance deficiencies. Such interventions and
  467  penalties shall include, but are not limited to:
  468         1. Enhanced monitoring and reporting.
  469         2. Corrective action plans.
  470         3. Requirements to accept technical assistance and
  471  consultation from the department under subsection (5) (4).
  472         4. Financial penalties, which shall require a lead agency
  473  to reallocate funds from administrative costs to direct care for
  474  children.
  475         5. Early termination of contracts, as provided in s.
  476  402.1705(3)(f).
  477         (e)(c) Ensure that the lead agency shall furnish current
  478  and accurate information on its activities in all cases in
  479  client case records in the state’s statewide automated child
  480  welfare information system.
  481         (f)(d) Specify the procedures to be used by the parties to
  482  resolve differences in interpreting the contract or to resolve
  483  disputes as to the adequacy of the parties’ compliance with
  484  their respective obligations under the contract.
  485         (2) The department must adopt written policies and
  486  procedures for monitoring the contract for delivery of services
  487  by lead agencies which must be posted on the department’s
  488  website. These policies and procedures must, at a minimum,
  489  address the evaluation of fiscal accountability and program
  490  operations, including provider achievement of performance
  491  standards, provider monitoring of subcontractors, and timely
  492  follow-up followup of corrective actions for significant
  493  monitoring findings related to providers and subcontractors.
  494  These policies and procedures must also include provisions for
  495  reducing the duplication of the department’s program monitoring
  496  activities both internally and with other agencies, to the
  497  extent possible. The department’s written procedures must ensure
  498  that the written findings, conclusions, and recommendations from
  499  monitoring the contract for services of lead agencies are
  500  communicated to the director of the provider agency and the
  501  community alliance as expeditiously as possible.
  502         (3)The department shall collect and post on its website,
  503  and annually update, all of the following information for each
  504  lead agency under contract with the department:
  505         (a)Current salaries, bonuses, and other compensation paid,
  506  by position, for any employee who receives a salary from state
  507  appropriated funds, including state-appropriated federal funds,
  508  whether base pay or base pay combined with any bonus or
  509  incentive payments, in excess of 150 percent of the annual
  510  salary paid to the secretary of the Department of Children and
  511  Families. For purposes of this paragraph, the term “employee”
  512  includes, but is not limited to, the chief executive officer,
  513  chief financial officer, and chief operating officer, or any
  514  other executive staff of the community-based care lead agency.
  515         (b)All findings of the comprehensive, multi-year review of
  516  the revenues, expenditures, and financial position of all lead
  517  agencies, which shall cover the most recent two consecutive
  518  fiscal years. The review must include a comprehensive system-of
  519  care analysis and provide expenditure information related to
  520  direct care, administration, and indirect costs. All contracted
  521  agencies must develop and maintain a plan to achieve financial
  522  viability which shall accompany the department’s submission. The
  523  findings from this review shall be submitted to the Governor,
  524  the President of the Senate, and the Speaker of the House of
  525  Representatives by November 1, of each year in addition to being
  526  posted on the department’s internet website.
  527  ================= T I T L E  A M E N D M E N T ================
  528  And the title is amended as follows:
  529         Delete lines 32 - 72
  530  and insert:
  531         the department; creating s. 394.90825, F.S.; defining
  532         terms; requiring a board member or an officer of a
  533         managing entity to disclose specified activity that
  534         may reasonably be construed as a conflict of interest;
  535         creating a rebuttable presumption of a conflict of
  536         interest if the activity was acted upon by the board
  537         without prior notice; establishing a process for the
  538         managing entity’s board of directors to address the
  539         activity under certain timelines; providing for
  540         certain consequences for failure to obtain a board’s
  541         approval or failure to properly disclose a contract as
  542         a conflict of interest; amending s. 409.987, F.S.;
  543         requiring the department to develop an alternative
  544         plan to contracting with a lead agency in a community
  545         under certain circumstances; providing requirements
  546         for the alternative plan; defining terms; requiring a
  547         board member or an officer of a lead agency to
  548         disclose activity that may reasonably be construed as
  549         a conflict of interest; creating a rebuttable
  550         presumption of a conflict of interest if the activity
  551         was acted upon by the board without prior notice;
  552         establishing a process for the lead agency’s board of
  553         directors to address the activity under certain
  554         timelines; providing for certain consequences for
  555         failure to obtain a board’s approval or failure to
  556         properly disclose a contract as a conflict of
  557         interest; amending s. 409.988, F.S.; deleting a
  558         requirement that lead agencies post their current
  559         budgets on their websites; requiring a lead agency to
  560         demonstrate the ability to adhere to all best child
  561         welfare practices; amending s. 409.996,