Florida Statutes 409.992 – Lead agency expenditures
Current as of: 2024 | Check for updates
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(1) The procurement of commodities or contractual services by lead agencies is governed by the financial guidelines developed by the department and must comply with applicable state and federal law and follow good business practices. Pursuant to s. 11.45, the Auditor General may provide technical advice in the development of the financial guidelines.
(a)1. Lead agencies shall competitively procure all contracts, consistent with the federal simplified acquisition threshold.
2. Lead agencies shall competitively procure all contracts in excess of $35,000 with related parties.
3. Financial penalties or sanctions, as established by the department and incorporated into the contract, must be imposed by the department for noncompliance with applicable local, state, or federal law for the procurement of commodities or contractual services.
Terms Used In Florida Statutes 409.992
- Care: means services of any kind which are designed to facilitate a child remaining safely in his or her own home, returning safely to his or her own home if he or she is removed from the home, or obtaining an alternative permanent home if he or she cannot remain at home or be returned home. See Florida Statutes 409.986
- Contract: A legal written agreement that becomes binding when signed.
- lead agency: means a single entity with which the department has a contract for the provision of care for children in the child protection and child welfare system in a community that is no smaller than a county and no larger than two contiguous judicial circuits. See Florida Statutes 409.986
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Secretary: means the secretary of the Department of Children and Families. See Florida Statutes 409.016
- writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01
(b) The contract between the department and the lead agency must delineate the rights and obligations of the lead agency concerning the acquisition, transfer, or other disposition of real property. At a minimum, the contract must:
1. Require the lead agency to follow all federal law on the acquisition, improvement, transfer, or disposition of real property acquired by the lead agency using federal dollars.
2. Beginning July 1, 2024, require the department to approve any sale, transfer, or disposition of real property acquired and held by the lead agency using state funds.
(2) Notwithstanding any other provision of law, a community-based care lead agency may make expenditures for staff cellular telephone allowances, contracts requiring deferred payments and maintenance agreements, security deposits for office leases, related agency professional membership dues other than personal professional membership dues, promotional materials, and grant writing services. Expenditures for food and refreshments, other than those provided to clients in the care of the agency or to foster parents, adoptive parents, and caseworkers during training sessions, are not allowable.
(3) Notwithstanding any other provision of law, a community-based care lead agency administrative employee may not receive a salary, whether base pay or base pay combined with any bonus or incentive payments, in excess of 150 percent of the annual salary paid to the secretary of the Department of Children and Families from state-appropriated funds, including state-appropriated federal funds. This limitation applies regardless of the number of contracts a community-based care lead agency may execute with the department. This subsection does not prohibit any party from providing cash that is not from appropriated state funds to a community-based care lead agency administrative employee.
(4) A lead community-based care agency and its subcontractors are exempt from state travel policies as provided in s. 112.061(3)(a) for their travel expenses incurred in order to comply with the requirements of this section.