Florida Senate - 2022                                     SB 912
       
       
        
       By Senator Brodeur
       
       
       
       
       
       9-01023A-22                                            2022912__
    1                        A bill to be entitled                      
    2         An act relating to community-based care lead agency
    3         expenditures; amending s. 409.992, F.S.; defining
    4         terms; specifying a total compensation limit from
    5         state-appropriated funds for certain employees of
    6         community-based care lead agencies; revising persons
    7         to whom the limit applies; requiring the Department of
    8         Children and Families to include a certain provision
    9         in contracts with a community-based care lead agency;
   10         amending s. 409.996, F.S.; revising persons of whom
   11         the department must publish certain compensation
   12         information; defining the term “total compensation”;
   13         providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (3) of section 409.992, Florida
   18  Statutes, is amended, and subsection (5) is added to that
   19  section, to read:
   20         409.992 Lead agency expenditures.—
   21         (3)(a) As used in this subsection, the term:
   22         1. “Community-based care lead agency employee” means an
   23  executive staff member of a community-based care lead agency,
   24  including, but not limited to, the chief executive officer,
   25  chief financial officer, or chief operating officer.
   26         2. “Incentive payment” means a financial or nonmonetary
   27  reward given to a person to recognize his or her performance
   28  results or to motivate him or her to exceed performance
   29  standards, rather than for time worked.
   30         3. “Total compensation” includes direct and indirect
   31  salary, including base salary; bonuses; incentive payments;
   32  cashed-in leave; cash equivalents; severance pay; retirement
   33  benefits; deferred compensation; real property gifts; any other
   34  payout, such as additional leave, information technology
   35  equipment, leased vehicles, or car allowances; access to private
   36  donations or foundation funding or expense accounts; taxable
   37  group-term life insurance coverage; supplemental paid time off;
   38  or any other items that could be considered perquisites or
   39  accruals of deferred amounts.
   40         (b) Notwithstanding any other provision of law, a
   41  community-based care lead agency administrative employee may not
   42  receive total compensation from state-appropriated funds,
   43  including state-appropriated federal funds, as a result of
   44  employment with one or more community-based care lead agencies,
   45  a community-based care lead agency and a managing entity, or a
   46  community-based care lead agency and another state agency a
   47  salary, whether base pay or base pay combined with any bonus or
   48  incentive payments, in excess of 150 percent of the annual
   49  salary paid to the secretary of the Department of Children and
   50  Families from state-appropriated funds, including state
   51  appropriated federal funds.
   52         (c) This subsection does not prohibit any party from
   53  providing cash that is not from appropriated state funds to a
   54  community-based care lead agency administrative employee.
   55         (5) Upon the execution of a new contract or in any
   56  amendment to an existing contract with a community-based care
   57  lead agency, the department shall include a provision for the
   58  limitation on compensation specified in subsection (3).
   59         Section 2. Subsection (4) of section 409.996, Florida
   60  Statutes, is amended to read:
   61         409.996 Duties of the Department of Children and Families.
   62  The department shall contract for the delivery, administration,
   63  or management of care for children in the child protection and
   64  child welfare system. In doing so, the department retains
   65  responsibility for the quality of contracted services and
   66  programs and shall ensure that, at a minimum, services are
   67  delivered in accordance with applicable federal and state
   68  statutes and regulations and the performance standards and
   69  metrics specified in the strategic plan created under s.
   70  20.19(1).
   71         (4)(a) The department shall collect and publish on its
   72  website, and annually update, all of the following information
   73  for each lead agency under contract with the department:
   74         1. All compensation earned or awarded, whether paid or
   75  accrued, regardless of contingency, by position, for any
   76  employee, and any other person who is compensated through a
   77  contract for services whose services include those commonly
   78  associated with a chief executive, chief administrator, or other
   79  chief officer of a business or corporation, who receives total
   80  compensation from state-appropriated funds in excess of 150
   81  percent of the annual salary paid to the secretary of the
   82  department. For purposes of this paragraph, the term “employee”
   83  has the same meaning as in s. 448.095, and the term “total
   84  compensation” has the same meaning as in s. 409.992(3)(a).
   85         2. All findings of the review under subsection (3).
   86         (b) The department shall collect and publish on its
   87  website, and update monthly, the information required under s.
   88  409.988(1)(k).
   89         Section 3. This act shall take effect July 1, 2022.