Florida SB 400: Elder Abuse Fatality Review Teams

Bill Text

400 
Carryforward Funding of Certain Managing Entities 
2025-11-05T05:21:34Z 
Revising the duties of the Department of Children and Families; revising the criteria for the department’s comprehensive review of certain managing entities; requiring a managing entity to ensure maximum subcontract utilization of current year allocated funds within its network, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 400 

 By Senator Garcia 

 36-00653-26 2026400__ 
 1 A bill to be entitled 
 2 An act relating to carryforward funding of certain 
 3 managing entities; amending s. 394.9082, F.S.; 
 4 revising the duties of the Department of Children and 
 5 Families; revising the criteria for the department’s 
 6 comprehensive review of certain managing entities; 
 7 requiring a managing entity to ensure maximum 
 8 subcontract utilization of current year allocated 
 9 funds within its network; prohibiting a managing 
 10 entity from intentionally reserving current year 
 11 allocated funds for carryforward planning without the 
 12 express advanced approval of the department; providing 
 13 an effective date. 
 14 
 15 Be It Enacted by the Legislature of the State of Florida: 
 16 
 17 Section 1. Paragraph (l) of subsection (4) and paragraph 
 18 (a) of subsection (9) of section 394.9082, Florida Statutes, are 
 19 amended, and paragraph (o) is added to subsection (3) of that 
 20 section, to read: 
 21 394.9082 Behavioral health managing entities.— 
 22 (3) DEPARTMENT DUTIES.—The department shall: 
 23 (o) Routinely monitor the managing entity’s utilization of 
 24 all available funds and take any necessary steps, up to and 
 25 including potential corrective action, to reduce 
 26 underutilization within the managing entity’s network. 
 27 (4) CONTRACT WITH MANAGING ENTITIES.— 
 28 (l) Every 2 years, the department shall conduct a 
 29 comprehensive, multiyear review of the revenues, expenditures, 
 30 and financial positions of managing entities covering the most 
 31 recent 2 consecutive fiscal years. The review must include a 
 32 comprehensive system-of-care analysis and a comprehensive 
 33 financial utilization analysis. The department shall submit the 
 34 review to the Governor, the President of the Senate, and the 
 35 Speaker of the House of Representatives by November 1 of every 
 36 other year, beginning in 2023. 
 37 (9) FUNDING FOR MANAGING ENTITIES.— 
 38 (a) A contract established between the department and a 
 39 managing entity under this section must shall be funded by 
 40 general revenue, other applicable state funds, or applicable 
 41 federal funding sources. A managing entity may carry forward 
 42 documented unexpended state funds from one fiscal year to the 
 43 next, but the cumulative amount carried forward may not exceed 8 
 44 percent of the annual amount of the contract. Any unexpended 
 45 state funds in excess of that percentage must shall be returned 
 46 to the department. The funds carried forward may not be used in 
 47 a way that would increase future recurring obligations or for 
 48 any program or service that was not authorized under the 
 49 existing contract with the department. A managing entity shall 
 50 ensure maximum subcontract utilization of current year allocated 
 51 funds within its network and may not intentionally reserve 
 52 current year allocated funds for carryforward planning without 
 53 the express advanced approval of the department. Expenditures of 
 54 funds carried forward must shall be separately reported to the 
 55 department. Any unexpended funds that remain at the end of the 
 56 contract period must shall be returned to the department. Funds 
 57 carried forward may be retained through contract renewals and 
 58 new contract procurements as long as the same managing entity is 
 59 retained by the department. 
 60 Section 2. This act shall take effect July 1, 2026.