DCF ITN 2425 012 Business Case v8.pdf

DCF Business Case Template

(PMT-52-2021)

Effective Jan. 5, 2021

STATE OF FLORIDA

DEPARTMENT OF CHILDREN AND FAMILIES

SUBSTANCE ABUSE AND MENTAL HEALTH

BUSINESS CASE: SOUTH FLORIDA EVALUATION AND TREATMENT CENTER (SFETC)

OPERATIONS

DCF ITN 2425 012

RELEASE DATE: JUNE 2025

CONTACT PERSON

Refer to Section 1.3 of the ITN, Contact Person and Procurement Officer.

DCF ITN 2425 012 , SFETC – Business Case

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Table of Contents

1. EXECUTIVE SUMMARY

2. BUSINESS CASE PURPOSE

3. BACKGROUND

3.1 Proposed Outsourcing

3.2 Description and Analysis of Department’s Performance

4. BUSINESS STRATEGIC NEED

4.1 Desired Goals and Rationale

4.2 Legal Authority

5. ALTERNATIVES ANALYSIS

5.1 Available Options

5.2 Analysis of Each Option

5.3 Market Condition

5.4 Recommended Option(s)

6. COST-BENEFIT ANALYSIS OF PROPOSED SOLUTION

7. SOLUTION PLANNING

7.1 Policies and Processes

7.2 Performance Standards

7.3 Timeline

7.4 Public Records Plan

7.5 Persons with Disabilities Plan

7.6 Contingency Plan

8. AGENCY TRANSITION PLAN

8.1 Impact to Stakeholders and Business Processes

8.2 Reemployment and Retraining Assistance Plan

9. BUSINESS CASE APPROVAL ........................................... Error! Bookmark not defined.

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1. EXECUTIVE SUMMARY

South Florida Evaluation and Treatment Center (SFETC) is a licensed forensic hospital located in Florida City, Florida. The facility has a capacity to serve 249 individuals with space specifically allocated for 77 females. It provides mental health assessments and psychiatric rehabilitation treatment to individuals who have been declared incompetent to proceed to trial (ITP) or not guilty by reason of insanity (NGI) by the state circuit courts.

Opened originally in 1986 in Miami and moved to a new facility in Florida City in 2008, it was the first forensic state hospital in Florida to be accredited by The Joint Commission (TJC) under the Hospital Accreditation Standards. SFETC's mission is to improve the lives of those touched by mental illness.

Committed under the state of Florida forensic statute, most individuals require treatment in a secure setting to restore competency to participate in their forth-coming trial. Others, who have been found not guilty by reason of insanity, require treatment before transfer to a less restrictive facility or release to the community.

SFETC is currently operated by Wellpath Recovery Solutions, LLC under contract with the Florida Department of Children and Families (Department) but is set to term in December 2025. To ensure compliance with Chapter 916, F.S., the Department is releasing an Invitation to Negotiate (ITN) to continue private operation services for SFETC.

The Provider shall perform all functions necessary for the proper delivery of services including, but not limited to treatment services; facility management and security; and staffing. The Provider will have full responsibility for the operation of the facility including all salaries, benefits and expenses for staff; all facility maintenance and repair costs; and all operational costs including medical care for residents. The population to be served will continue to be individuals committed to the Department under provisions of Chapter 916, F.S., as either ITP or NGI. The admission process will continue to be directed by the Department’s Mental Health Program Office Forensic Admission staff.

2. BUSINESS CASE PURPOSE

This business case provides the necessary information required to illustrate that the project is worth the investment. The business case outlines the current business problems that the proposed solution is expected to resolve; the expectations of the solution in terms of the key benefits to be achieved;

alternative solution options considered for comparison purposes; a detailed analysis of the financial costs, benefits, feasibility, and risks associated with implementing the proposed solution; and the basis for the recommendation to proceed with the proposed solution.

3. BACKGROUND

3.1 Proposed Outsourcing

The Office of Substance Abuse and Mental Health (SAMH) would like to procure the delivery of facility-based forensic mental health services for adults and juveniles adjudicated as adults, in accordance with Chapter 916, Florida Statutes (F.S). These services will be provided at the state-owned facility, SFETC, located in Florida City. Services include all components necessary for full operation of the facility including management; operations and facility maintenance; integrating security and substance abuse and mental health treatment within the legislatively appropriated budget.

This is a multi-year Contract, pursuant to the authority under §§ 39.001(2), 39.001(4), 394.457(3), and 397.305(2), F.S., and § 9, Chapter 2004-269, Laws of Florida. This ITN will result in a five-year contract, anticipated to begin July 1, 2026, through June 30, 2031.

Services provided under the resulting contract will encompass all components necessary for full operation of the facility including, but not limited to:

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• Delivering high quality forensic mental health care in a secure, licensed, and accredited facility, including treatment, rehabilitation, case management, and recreation that help contribute to a resident’s recovery.

• Focusing on exploring strategies to reduce the amount of time individuals spend hospitalized that are admitted as ITP, with treatment focused on Competency Restoration services.

• Providing treatment to individuals found NGI with a focus on assessment and treatment strategies designed to identify and reduce potential risk upon release to the community.

• Developing and maintaining strong working relationships with family and consumer groups, local communities, criminal justice entities (including the Attorney General, courts, state and defense attorneys, and jails), mental health and social service providers, and Department staff..

• Utilizing the most current, evidence-based approaches to achieve the goals of Competency Restoration, symptom management, and risk reduction, while ensuring full compliance with applicable statutes, laws, rules, standards, and operating procedures governing SFETC.

3.2 Description and Analysis of Department’s Performance

Currently Outsourced.

4. BUSINESS STRATEGIC NEED

4.1 Desired Goals and Rationale

The operations of the South Florida Evaluation and Treatment Center (SFETC) are structured to achieve several critical program goals, which include:

• Managing, operating, and maintaining the secure forensic facility, integrating security and treatment while staying within the established contract budget.

• Maintaining the existing facility and upholding accreditation with The Joint Commission (TJC) to ensure the highest standards of care and operational excellence.

• Focusing on treatment and security issues related to residents' mental health and legal status, providing high-quality care based on a Recovery of Functioning model. This model aims to equip individuals with the skills and resources to reintegrate successfully into their community.

• Developing and maintaining strong working relationships with key community-based agencies, including those in the mental health, social science, and criminal justice sectors, to foster collaboration and support residents’ successful reintegration into society.

• Reducing the average duration that individuals adjudicated Incompetent to Proceed (ITP) spend in the facility before being restored to competency and returned to court.

• Ensuring adequate staffing levels to create a safe, secure, and therapeutic environment that promotes the well-being of both residents and staff.

• Minimizing the number of individuals adjudicated ITP who return to SFETC following court disagreements with the facility’s competency findings.

• Establishing and maintaining credibility in the accuracy of competency evaluations, as well as discharge and community release recommendations, ensuring the integrity and reliability of the center's processes.

A provider responsible for managing, operating, and maintaining a secure forensic facility must successfully accomplish two key tasks. First, it must deliver comprehensive treatment, competency restoration, and risk assessment and management. Second, it must create and sustain an environment that guarantees the safety of residents, staff, and the public. While these objectives are sometimes

Substance Abuse and Mental Health Page 5 of 13 viewed as mutually exclusive, they are, in fact, interdependent. For instance, if the environment lacks security and residents or staff feel unsafe, it can negatively impact treatment outcomes. Conversely, when treatment is compromised, the environment becomes more vulnerable, increasing the risk of unsafe conditions. Therefore, both treatment efficacy and security are essential components that must work in tandem to ensure the overall success of the facility’s operations.

4.2 Legal Authority

Chapter 916, F.S.

5. ALTERNATIVES ANALYSIS

5.1 Available Options

Alternative 1 (Chosen option): Context and Purpose of the ITN Process The SFETC (South Florida Evaluation and Treatment Center) is currently operated and managed by Wellpath Recovery Solutions under an existing contract, which is set to expire in June 30, 2026.

Unfortunately, there are no renewal options available for this agreement. In light of this, the Department is issuing an Invitation to Negotiate (ITN) to explore innovative and effective solutions for the future management and operation of the facility.

The ITN process will provide the Department’s Negotiators with the opportunity to thoroughly evaluate each Respondent's approach, capabilities, and professional experience in delivering high-quality services. This process fosters open dialogue between the Negotiators and selected Respondents, enabling a comprehensive understanding of each proposal.

Ultimately, the ITN process is designed to identify the Respondent that offers the best value to the state, ensuring that the Department selects the most suitable partner to continue providing essential services with a focus on quality, efficiency, and innovation. This approach is best suited to obtain potential performance improvements and lower risks.

Potential Performance Improvements & Risk Mitigation:

One of the key benefits of the Invitation to Negotiate (ITN) process is the opportunity to engage in open discussions with vendors regarding their approach to maintaining appropriate staffing levels.

These discussions will enable the Department to assess how potential providers plan to ensure they can effectively meet the contract’s performance measures.

This dialogue can help identify innovative staffing strategies, provide a clearer understanding of how vendors will address potential challenges, and ensure that they have the resources and personnel necessary to deliver high-quality services consistently. By focusing on staffing, the Department can work collaboratively with vendors to mitigate risks and improve performance outcomes.

Alternative 2: Request for Proposal (RFP) Consideration Description: The Department could choose to release a Request for Proposal (RFP) to solicit detailed proposals from vendors for providing services. An RFP is a formal process that allows the Department to evaluate both the price and quality of each proposal.

Advantages:

• Comprehensive Evaluation: The RFP process ensures that both cost and quality are considered when selecting a vendor.

• Formal Process: The structured nature of an RFP process helps maintain fairness and transparency.

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• Clear Terms and Requirements: RFPs establish clear expectations for deliverables, timelines, and performance standards.

Disadvantages:

• Limited Flexibility: Unlike the ITN process, an RFP does not offer the opportunity for ongoing dialogue with vendors. This limits the flexibility to explore innovative or unanticipated solutions that could better meet the Department's needs.

• Restrictive for Complex Services: The rigid structure of an RFP may not be well-suited for complex services where flexibility and adaptability are required, potentially leading to missed opportunities for innovation.

• No Collaborative Discussion: Since the RFP process is more formal and closed-ended, it does not provide room for vendors to present alternative or novel approaches to addressing the Department’s objectives.

Cost Implications: The cost of issuing an RFP may be comparable to the ITN and will use less Department staff time needed for negotiations; however, it could lead to higher costs down the line if vendors’ approaches do not align with evolving needs.

Risk: With no opportunity for negotiation or clarifications, there is a risk that the Department may not fully understand a vendor’s capabilities or approach until after the contract is awarded.

Alternative 3: Health Services Exemption Consideration The Department does have the option to apply a Health Services exemption in accordance with 287.057(3)(e)(5) F.S., which would allow the Department to forgo the formal solicitation process.

However, after careful consideration, the decision has been made to proceed with the Invitation to Negotiate (ITN) process. By choosing the ITN process, the Department aims to engage in a more flexible and interactive approach, providing the opportunity to thoroughly explore and evaluate potential vendors. This decision aligns with the goal of obtaining the best value, as defined in 287.012(4) F.S., ensuring that the selected vendor offers the optimal combination of quality, cost-effectiveness, and innovation for the state.

Alternative 4: Performing Services In-House Outsourcing the operations of SFETC can offer a range of advantages, particularly when it comes to improving efficiency, managing costs, and ensuring quality care. Below are the key advantages of outsourcing the operations:

1. Cost Efficiency

• Lower Initial Investment: Outsourcing allows the state to avoid the significant upfront costs required for necessities such as major equipment purchases and staffing. The private vendor typically handles these costs, saving state resources.

• Predictable Budgeting: Most outsourcing contracts are structured with fixed or capped fees, which help the state plan its budget more effectively. This reduces the uncertainty associated with fluctuating operational costs.

• Economies of Scale: Private contractors, especially those with multiple facilities, can leverage economies of scale to reduce the cost of procurement, staffing, and administrative services, potentially resulting in lower overall costs for the state.

2. Operational Expertise

• Specialized Knowledge and Experience: Private vendors that specialize in forensic care bring extensive experience and expertise to the table. They are well-versed in managing complex

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• Streamlined Operations: Established vendors often have proven systems and processes in place that allow them to run facilities more efficiently than government-run operations. This includes optimized staffing models, medical protocols, and crisis management strategies.

3. Flexibility and Adaptability

• Capacity for Rapid Adjustment: Private vendors have more flexibility to quickly adapt to changes in demand, regulatory requirements, or the complexity of care needed for the forensic population. They are able to adjust staffing levels and services more swiftly than government-run entities.

• Tailored Solutions: Vendors can design and implement specialized programs that are aligned with the state's objectives, offering tailored treatment plans for individuals based on legal status, competency restoration needs, and risk assessments.

4. Risk Management

• Liability Transfer: By outsourcing, the state can transfer much of the liability associated with operational risks, such as medical malpractice, employee-related issues, and facility-related incidents, to the private contractor. This helps reduce the state’s legal and financial exposure.

• Staffing and Recruitment Risks: Private vendors often have established recruitment pipelines and staffing models to ensure consistent, qualified personnel are available. This reduces the risk of staff shortages, turnover, or burnout that can occur in a government-run facility.

5. Quality of Care

• Access to Advanced Technology and Best Practices: Private providers often have access to cutting-edge technology and treatment methodologies that may not be as readily available in a government-run facility. This can lead to higher standards of care and better outcomes for individuals under treatment.

• Continuous Improvement: Competitive pressure in the private sector often drives providers to continuously improve their services. They may implement innovative treatment approaches or employ performance incentives to ensure high-quality care is consistently delivered.

6. Focus on Core Government Functions

• Reduced Administrative Burden: Outsourcing allows the state to shift the administrative responsibility for managing the facility, including recruitment, training, and compliance with regulations, to the vendor. This frees up state resources to focus on broader policy goals, oversight, and legislative functions.

• More Effective Use of Resources: By outsourcing, the state can reallocate resources to other important functions or initiatives that may not be directly related to forensic healthcare, improving overall government efficiency.

7. Performance Accountability

• Clear Performance Metrics: Contracts with private vendors often include detailed performance metrics, reporting requirements, and penalties for non-compliance. This ensures that the vendor remains accountable for delivering high-quality care and meeting the state’s objectives.

• Incentive for High Performance: Private vendors are typically incentivized to maintain high performance through financial penalties or the threat of contract non-renewal. This can drive better outcomes and improve service delivery.

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8. Long-Term Stability

• Experience with Long-Term Contracts: Private contractors often have experience with long-term contracts and can plan for sustainability in a way that government-run programs sometimes cannot. This can result in a more stable operational environment over time.

• Vendor Continuity: Large, established vendors may provide continuity in operations even as leadership or political landscapes change, helping to ensure consistent service delivery and avoid disruptions.

9. Innovation and Research

• Innovative Approaches to Care: Vendors, especially those that specialize in forensic care, may bring innovative approaches to managing and treating forensic patients, such as integrating mental health treatment with legal and security needs. They may also introduce new rehabilitation programs or research-backed treatment models that the state might not be able to implement on its own.

• Research Partnerships: Outsourced providers may have access to research funding, partnerships with universities, or collaborations with national organizations, providing opportunities to implement the latest evidence-based practices.

10. Public-Private Partnerships

• Leveraging External Expertise: By outsourcing, the state can benefit from public-private partnerships that combine the strengths of government oversight with the flexibility and innovation of private sector providers. These partnerships can provide long-term, sustainable solutions that serve the state’s best interests.

Conclusion Outsourcing the operations of a state forensic hospital can provide a range of benefits, including cost savings, expertise, risk management, innovation, and quality of care. These advantages make outsourcing an attractive option for states seeking to improve the efficiency and effectiveness of their forensic healthcare systems, while also managing limited resources and focusing on core governmental functions.

5.2 Analysis of Each Option

See above.

5.3 Market Condition

In FY 2016/2017, the Department released Invitations to Negotiate (ITNs) for the Treasure Coast Forensic Treatment Center (Total Contract Amount: $309,374,948.93) and for South Florida State Hospital (Total Contract Amount: $433,219,736.06). In both instances, Wellpath Recovery Solutions was the sole respondent, and they are currently the provider for all of the Department’s privatized mental health treatment facilities.

A review of existing and prior state agency agreements reveals over 10 years of direct data on the prevailing market rate for similar services. This analysis indicates a current market rate of approximately $35,000,000 per fiscal year for these types of contracts.

Additionally, it is important to note the likelihood of annual budget increases to accommodate the rising costs that any future provider will need to account for in order to successfully deliver services. These budget adjustments will be crucial in ensuring continued service delivery and maintaining the quality of care required.

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5.4 Recommended Option(s)

The Department’s decision is to proceed with outsourcing SFETC operations through an ITN process.

6. COST-BENEFIT ANALYSIS OF PROPOSED SOLUTION

Initial Contract Term - July 1, 2026 - June 30, 2031

Fiscal Year

SFY 26-27 SFY 27-28 SFY 28-29 SFY 29-30 SFY 30-31

July 01, 2026 - June 30, 2027

July 01, 2027 - June 30, 2028

July 01, 2028 - June 30, 2029

July 01, 2029 - June 30, 2030

July 01, 2030 - June 30, 2031

Number of Units/Available Beds

249 249 249 249 249

Number of Days 365 366 365 365 365

Available Bed Day Rate/Unit Cost

$352.1600 $352.1600 $352.1600 $352.1600 $352.1600

Annual Subtotal $32,006,061.60 $32,006,061.60 $32,006,061.60 $32,006,061.60 $32,006,061.60

Renewal Contract Term #2 - January 01, 2021 – June 30, 2026

Fiscal Year

SFY 20-21 SFY 21-22 SFY 22-23 SFY 23-24 SFY 24-25 SFY 25-26

January 01, 2021 -

June 30, 2021 July 01, 2021 - June 30, 2022

July 01, 2022 - June 30, 2023

July 01, 2023 - June 30, 2024

July 01, 2024 - June 30, 2025

July 01, 2025 - June 30, 2026

Number of Units/Available Beds

249 249 249 249 249 249

Number of Days 181 365 365 366 365 365

Available Bed Day Rate/Unit Cost

$316.9100 $316.3900 $326.5000 $341.9000 $352.1600 $352.1600

Annual Subtotal $14,282,816.79 $28,755,105.15 $29,673,952.50 $31,158,714.60 $32,006,061.60 $32,006,061.60

The cost-benefit of outsourcing the operations of a licensed forensic hospital compared to performing it in-house by the Department depends on various factors, including financial costs, service quality, administrative capacity, and long-term sustainability. Here’s an analysis that compares both options:

1. Outsourcing Operations Cost Benefits of Outsourcing:

1. Lower Initial Investment:

o Benefit: Outsourcing to a private provider typically eliminates the need for significant upfront capital investment in infrastructure, staff training, and equipment, as the vendor assumes those costs.

o Cost Savings: The Department does not have to budget for expensive capital expenses (e.g., facility construction, major upgrades, or purchasing medical equipment) since the outsourcing provider will handle these costs.

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2. Operational Efficiency:

o Benefit: Private contractors often specialize in forensic healthcare and can operate more efficiently than government-run facilities due to streamlined management structures, established processes, and specialized expertise.

o Cost Savings: Outsourcing allows the Department to benefit from the provider’s economies of scale, potentially reducing overhead and operational costs (e.g., administrative, HR, and IT functions).

3. Focus on Core Competencies:

o Benefit: The Department can focus on policy, oversight, and ensuring compliance with regulations, rather than managing day-to-day operations, staffing, and facilities management.

o Cost Savings: Resources can be allocated to areas where the Department’s core expertise is most needed, potentially leading to more effective use of taxpayer money.

4. Reduced Risk of Liability and Staffing Shortages:

o Benefit: Outsourcing transfers much of the liability and risk associated with managing a forensic hospital (e.g., medical malpractice, staffing shortages, and operational disruptions) to the contractor.

o Cost Savings: The Department may save on insurance premiums, staff training, recruitment, and administrative overhead associated with handling these risks internally.

5. Predictable Budgeting:

o Benefit: Most outsourcing contracts are structured with fixed costs or capped fees, allowing the Department to have more predictable expenses.

o Cost Savings: This predictable cost structure can help with long-term budget planning and reduce the impact of unexpected expenses.

The cost-benefit analysis of performing an Invitation to Negotiate (ITN) typically involves evaluating both the tangible and intangible advantages that the process brings relative to its costs. Here’s an overview of the key benefits and costs associated with using an ITN:

1. Increased Flexibility and Innovation:

o The ITN process allows for open discussions and negotiations with vendors, which can lead to innovative solutions that may not be captured in a more rigid process like an

RFP.

o Vendors can propose creative approaches to meet the Department's needs, which can result in better outcomes and improved service delivery.

2. Best Value for the State:

o An ITN allows for a more comprehensive evaluation of each proposal, considering not just cost but also the vendor's approach, capabilities, experience, and ability to meet performance measures.

o This comprehensive review ensures that the contract awarded will provide the best value to the state, rather than simply the lowest price. Over time, this can lead to better quality services at sustainable costs.

3. Opportunity for Dialogue and Clarification:

Substance Abuse and Mental Health Page 11 of 13 o ITNs offer the advantage of ongoing discussions with vendors, which can clarify misunderstandings, refine proposals, and improve alignment with the Department's objectives.

o This collaborative process helps mitigate risks, ensuring that vendors have a clear understanding of expectations and the Department gets exactly what it needs.

4. Flexibility in Contract Terms:

o Because the ITN process allows for negotiation, there’s greater flexibility in finalizing contract terms, such as performance measures, milestones, and payment structures.

This flexibility can be especially beneficial for complex or evolving services.

5. Higher Accountability and Better Performance:

o The ITN process helps identify vendors who are both responsive and responsible, meaning they are more likely to fulfill the contract successfully. It ensures that performance expectations are clearly defined and that vendors are held accountable to meet those standards.

The current contract is for a total of $167,882,712.24, and this contract is anticipated not to exceed $32,006,062.00 per Fiscal Year (FY).

7. SOLUTION PLANNING

7.1 Policies and Processes

The Provider will be required to implement, and adhere to all current policies, procedures, rules, and regulations established by the Department, as applicable to SFETC, throughout the entire term of this Contract. The Provider must also acknowledge that such policies and procedures may be updated or amended by the Department from time to time, and the Provider must agree to promptly adopt and comply with any such revisions upon notification by the Department. Non-compliance with these policies and procedures shall constitute a material breach of the Contract, subjecting the Provider to the remedies set forth therein. This project does not have specific customizations that are impacting the proposed solutions cost.

7.2 Performance Standards

Refer to Exhibit E – Minimum Performance Measures, in the Contract.

7.3 Timeline

Refer to Section 2.4 of the ITN, and any other possible adjustments to this timeline are posted to the Vendor Information Portal as Addenda.

7.4 Public Records Plan

Refer to the Department’s Standard Contract, Section 5.

7.5 Persons with Disabilities Plan

The Provider must comply with all policy and procedures under the Americans with Disabilities Act and the Department of Children and Families Operating Procedures CFOP 60-10.

Both Title II and Title III of the ADA and Section 504 require that medical care providers provide individuals with disabilities:

• full and equal access to their health care services and facilities; and

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• reasonable modifications to policies, practices, and procedures when necessary to make health care services fully available to individuals with disabilities, unless the modifications would fundamentally alter the nature of the services (i.e. alter the essential nature of the services).

7.6 Contingency Plan

Failure to meet performance expectations will place the Department, and the State, in a situation of responding to orders to show cause as to why the Provider is unable to comply with the mandates of Chapter 916, F.S. In addition, failure to meet performance expectations may lead to the courts issuing orders of immediate placement with which the Department would be expected to comply, thereby placing the facilities at risk of exceeding licensed capacity. Failure to meet performance measures could lead to financial consequences, financial penalties, or contract termination.

In the event the Provider fails to achieve the minimum performance measures as stated in the Contract, the Department shall apply the financial consequences as stated in Exhibit F – Method of Payment.

The Contract Manager may place the provider on a Corrective Action Plan (CAP) for noncompliance, nonperformance, or unacceptable performance in accordance with Section 6.1. of the Standard Contract. In the event a provider fails to implement a Department-approved CAP or make acceptable progress penalties outlined in Section 6.1.2. of the Standard Contract will apply.

Including financial consequences and penalties, a provider’s failure to have performed any contractual obligations under any other contract with the Department in a manner satisfactory to the Department will be a sufficient cause for termination in accordance with Section 6.2 if the Standard Contract.

8. AGENCY TRANSITION PLAN

8.1 Impact to Stakeholders and Business Processes

Transition Plan for Forensic Facilities The Department of Children and Families (DCF), as required by Chapter 916, F.S., must establish, locate, and maintain separate and secure facilities and programs for the treatment of defendants charged with felonies who have been found incompetent to proceed or acquitted by reason of insanity.

The statute further mandates that DCF admit individuals within 15 days of receiving a complete commitment packet.

Currently, all individuals awaiting admission to forensic facilities are housed in county jails across the state. Despite the Department's solid performance in managing the current forensic facilities—including the successful restoration of competency and transfers to less secure settings—there is a long-standing waitlist. To address these challenges, the Department recognizes the importance of a privatized forensic facility that meets or exceeds the performance levels of the existing SFETC facility and other forensic facilities. Failure to achieve these standards could result in significant legal consequences, including the issuance of orders to show cause for noncompliance with Chapter 916, F.S., or immediate placement orders from the courts, which could lead to exceeding licensed capacity.

Therefore, the transition to a new provider, if selected, must be seamless, with no compromise in performance during the transition period. To this end, the Department has adopted a phased transition approach, ensuring appropriate staffing levels and sustained performance standards throughout the process.

Readiness Review and Performance Expectations Before assuming full operational control of the existing facility, the new provider must demonstrate its readiness through a readiness review. This review will assess the provider's staffing plans, facility management strategies, and treatment programs in alignment with the Invitation to Negotiate (ITN) response. A detailed checklist, based on ITN rating criteria, will be developed and may be revised during contract negotiations to reflect the successful vendor's commitments. The Department reserves

Substance Abuse and Mental Health Page 13 of 13 the right to extend the management contract until the provider demonstrates that readiness has been achieved.

In addition to meeting performance standards, the provider will be carefully monitored to ensure compliance with statutory requirements, effective treatment planning, discharge planning, and coordination with stakeholders, including county jails and local court systems.

Workforce Transition Plan Following the contract award and execution, the new provider will initiate a transition period, collaborating closely with both the Department and the current provider to ensure a smooth and cooperative transition for existing staff. Prior to the transition period, the Department will develop a Workforce Transition Plan, outlining scheduled activities for affected employees. To maintain appropriate staffing levels, the Department will request a right of first refusal for the existing staff of the current provider.

Job Transition Representatives from the Human Resources departments of both the current provider and the new provider will assist affected employees throughout the transition. These representatives will support staff by providing job search assistance, addressing employee inquiries, and ensuring a smooth transition to the new provider’s workforce.

Training and Supervision of Staff As part of its response to the ITN, the new provider must detail a plan to deliver high-quality, timely, and ongoing training for all SFETC staff, including subcontracted personnel, beginning immediately after the management contract is implemented and continuing throughout the management of the facility. The plan must include comprehensive orientation for new staff and continuous evaluation of staff knowledge on laws, policies, regulations, and procedures governing the operations of SFETC.

In addition, staff involved in forensic practice areas such as competency assessment, competency restoration, and legal standards must receive regular training to ensure specialized expertise.

Specifically, qualified treatment facility staff responsible for completing competency evaluations must complete the Florida Forensic Examiner Training within one year of employment and maintain ongoing refresher training as mandated by legal standards. Until this training is completed, competency evaluation reports must be co-signed by a qualified individual.

All staff involved in competency-related training, evaluation, or reporting must adhere to the Department’s operating procedures.

Admissions Process Throughout the transition, management, and ongoing operation of SFETC, the admissions process will remain under the direction of the Substance Abuse and Mental Health Program Office (SAMH). This will ensure continuous communication and feedback regarding performance, maintaining the integrity and effectiveness of the admissions process.

8.2 Reemployment and Retraining Assistance Plan

Services are currently outsourced, and therefore this would be the responsibility of the selected Respondent.