SB 92 — Department of Children and Families

(c) Maintain a professional code of ethics and a disciplinary process that apply to all persons holding child welfare certification.

(d) Maintain a database, accessible to the public, of all persons holding child welfare certification, including any history of ethical violations.

(e) Require annual continuing education for persons holding child welfare certification.

(f) Administer a continuing education provider program to ensure that only qualified providers offer continuing education opportunities for certificateholders.

(g) Review the findings and all relevant records involving the death of a child or other critical incident following completion of any reviews by the department, the inspector general, or the Office of the Attorney General.

Such review may occur only upon the filing of a complaint from an outside party involving certified personnel.

This review shall assess the certified personnel’s compliance with the third-party credentialing entity’s published code of ethical and professional conduct and disciplinary procedures.

(h) Maintain an advisory committee, including representatives from each region of the department, each sheriff’s office providing child protective services, and each community-based care lead agency, who shall be appointed by the organization they represent.

The third-party credentialing entity may appoint additional members to the advisory committee.

543 Any decision by a department-recognized credentialing entity to deny, revoke, or suspend a certification, or otherwise impose sanctions on an individual who is certified, is reviewable by the department pursuant to s.

397.321(15).

Section 8. Section 409.987, Florida Statutes, is amended to read:

For purposes of this subparagraph, the term “benefits”“benefit” does not include per diem and travel expenses paid or reimbursed to board members in connection with their service on the board.

Section 8. Subsection9. Subsection (1) of section 409.988, Florida Statutes, is amended to read:

(k) Shall publish post on its website by the 15th day of each month at a minimum the information contained in subparagraphs 1.-4.1.-5.

subparagraphs 1.-4.

2. The turnovertotal ratenumber forand percentage of case managers andwho casehave management25 supervisorsor formore thecases previouson 12their months;caseloads;

3. The3.2. The percentageturnover ofrate requiredfor homecase visitsmanagers completed;and case management supervisors for the previous 12 months;

and4.3. The 4. Performancepercentage onof outcome measures required pursuanthome tovisits s.completed;

and 5.4. Performance on outcome measures required pursuant to s.

Section 9. Subsection10. Present (3)subsection (7) of section 409.992,409.990, Florida Statutes, is amended,redesignated as subsection (8), and a new subsection (5)(7) is added to that section, to read:

409.992 Lead409.990 Funding agencyfor expenditures.—lead (3)(a) Foragencies.—A purposescontract ofestablished thisbetween subsection, the termdepartment “employee”and includes,a butlead isagency notmust limitedbe to,funded theby chiefa executivegrant officer,of chiefgeneral financialrevenue, officer,other andapplicable chiefstate operatingfunds, officer, or anyapplicable otherfederal executivefunding staffsources. of the community-based care lead agency.

(b) Notwithstanding(7) If anysubcontracted otherservice provisionproviders ofmust law,provide aservices community-basedthat careare leadbeyond agencythe administrativecontract employeelimits maydue notto receiveincreased aclient salaryneed from state-appropriated funds, including state appropriated federal funds, whether base pay or basecaseload, pay combined with any bonus or incentive payments, including the base pay or base pay combined with any bonus or incentive payments received as a result of employment with more than one community-based care lead agencyagencies orshall managingfund entity, in excess of 100 150 percent of the annualcost salary paid to the secretary of theincreased Departmentcare. of Children and Families from state-appropriated funds, including state-appropriated federal funds.

(c) ThisSection subsection11. Present doessubsections not(3) prohibitthrough any(25) partyof fromsection providing409.996, cashFlorida thatStatutes, isare notredesignated fromas appropriatedsubsections state(4) fundsthrough to(26), respectively, a community-basednew caresubsection lead(3) agencyis administrativeadded employee.to that section, and subsections (1) and (2) and paragraph (d) of present subsection (25) are amended, to read:

(5) Upon the execution of a new contract or in any amendment to an existing contract with a lead agency, the department shall include a provision that includes the limitation on compensation specified in subsection (3).

Section 10. Present subsections (3) through (25) of section 409.996, Florida Statutes, are redesignated as subsections (4) through (26), respectively, a new subsection (3) is added to that section, and subsections (1) and (2) and paragraph (d) of present subsection (25) are amended, to read:

(a) Current salaries, bonuses, and other compensation paid, by position, for any employee who receives a salary from state appropriated funds, including state-appropriated federal funds, whether base pay or base pay combined with any bonus or incentive payments, in excess of 100150 percent of the annual salary paid to the secretary of the Department of Children and Families.

(b) Annual(b) All expenses,findings reportedof asthe bothcomprehensive, amultiyear percentagereview of totalthe revenues, expenditures, and financial position of all lead agencyagencies, fundswhich andshall ascover athe totalmost dollarrecent amount,2 asconsecutive follows:fiscal years.

1. ProgramThe expenses,review including,must butinclude nota limitedcomprehensive to,system-of-care costsanalysis directlyand relatedprovide toexpenditure carryinginformation outrelated theto leaddirect agency’scare, missionadministration, and whichindirect resultcosts. in services being provided;

2. AdministrativeAll expenses,contracted including,agencies butmust notdevelop limitedand to,maintain costsa ofplan boardto ofachieve directors’financial meetings,viability generalwhich legalshall services,accompany accounting,the insurance,department’s officesubmission. management, auditing, human resources, and other centralized services;

andThe 3. Fundraisingfindings expenses,from including,this butreview notshall limitedbe to,submitted coststo forthe publicizingGovernor, the President of the Senate, and conductingthe fundraisingSpeaker campaigns,of maintainingthe donorHouse mailingof lists,Representatives conductingby specialNovember fundraising1 events,of andeach anyyear otherin activitiesaddition thatto involvebeing solicitingposted contributions.on the department’s Internet website.

Section 11. Section12. Section 409.998, Florida Statutes, is created to read:

Section 12. This13. Subsection act(2) shallof takesection effect916.13, JulyFlorida 1,Statutes, 2021.is amended to read:

916.13 Involuntary commitment of defendant adjudicated incompetent.— (2) A defendant who has been charged with a felony and who has been adjudicated incompetent to proceed due to mental illness, and who meets the criteria for involuntary commitment under this chapter, may be committed to the department, and the department shall retain and treat the defendant.

For a forensic client who is held in a jail awaiting admission to a facility of the department, and who is likely to regain competence to proceed in the foreseeable future, restoration treatment may be provided at any facility deemed appropriate by the department secretary.

(a) Immediately after receipt of a completed copy of the court commitment order containing all documentation required by the applicable Florida Rules of Criminal Procedure, the department shall request all medical information relating to the defendant from the jail.

The jail shall provide the department with all medical information relating to the defendant within 3 business days after receipt of the department’s request or at the time the defendant enters the physical custody of the department, whichever is earlier.

(b) Within 6 months after the date of admission and at the end of any period of extended commitment, or at any time the administrator or his or her designee determines that the defendant has regained competency to proceed or no longer meets the criteria for continued commitment, the administrator or designee shall file a report with the court pursuant to the applicable Florida Rules of Criminal Procedure.

(c) A competency hearing must be held within 30 days after the court receives notification that the defendant is competent to proceed or no longer meets the criteria for continued commitment.

The defendant must be transported to the committing court’s jurisdiction for the hearing.

If the defendant is receiving psychotropic medication at a mental health facility at the time he or she is discharged and transferred to the jail, the administering of such medication must continue unless the jail physician documents the need to change or discontinue it.

The jail and department physicians shall collaborate to ensure that medication changes do not adversely affect the defendant’s mental health status or his or her ability to continue with court proceedings;

however, the final authority regarding the administering of medication to an inmate in jail rests with the jail physician.

Section 14. This act shall take effect July 1, 2021.