HOUSE AMENDMENT Bill No. HB 1711 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Fiorentino offered the following:
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14	Amendment (with directory and title amendments)
15	Remove everything after the enacting clause, and insert:
16	Section 1. Effective upon becoming a law, subsection (4)
17	of section 430.041, Florida Statutes, is amended to read:
18	430.041 Office of Long-Term-Care Policy.--
19	(4) The Office of Long-Term-Care Policy shall have an
20	advisory council, whose chair shall be the Director of the
21	Office of Long-Term-Care Policy. The purposes of the advisory
22	council are to provide assistance and direction to the office
23	and to ensure that the appropriate state agencies are properly
24	implementing recommendations from the office.
25	(a) The advisory council shall consist of:
26	1. A member of the Senate, appointed by the President of
27	the Senate;
28	2. A member of the House of Representatives, appointed by
29	the Speaker of the House of Representatives;
30	3. The Director of the Office of Long-Term-Care Policy;
31	3.4.The Secretary of Health Care Administration;
32	4.5.The Secretary of Elderly Affairs;
33	5.6.The Secretary of Children and Family Services;
34	6.7.The Secretary of Health;
35	7.8.The Executive Director of the Department of Veterans'
36	Affairs;
37	8.9.Three people with broad knowledge and experience in
38	the delivery of long-term-care services, appointed by the
39	Governor from groups representing elderly persons; and
40	9.10.Two representatives of people using long-term-care
41	services, appointed by the Governor from groups representing
42	elderly persons.
43	(b) The council shall elect a chair from among its
44	membership to serve for a 1-year term. A chair may not serve
45	more than 2 consecutive terms as chair.
46	(c)(b)Members shall serve without compensation, but are
47	entitled to receive reimbursement for travel and per diem as
48	provided in s. 112.061.
49	(d)(c)The advisory council shall meet at the call of its
50	chair or at the request of a majority of its members. During its
51	first year of existence, the advisory council shall meet at
52	least monthly.
53	(e)(d)Members of the advisory council appointed by the
54	Governor shall serve at the pleasure of the Governor and shall
55	be appointed to 4-year staggered terms in accordance with s.
56	20.052.
57	Section 2. Subsection (9) is added to section 430.07,
58	Florida Statutes, to read:
59	430.07 Office of Volunteer Community Service.--There is
60	created within the Department of Elderly Affairs the Office of
61	Volunteer Community Service. The office shall:
62	(9) Encourage volunteerism by older persons regardless of
63	socioeconomic status. In order to accomplish this,
64	notwithstanding any other provision of law, the office is
65	authorized to provide to those volunteers whose presence is
66	determined to be necessary to the department direct payment of
67	lodging and transportation expenses to a vendor on behalf of
68	such volunteer, or prepayment, or reimbursement of lodging and
69	transportation expenses directly to such volunteer. The office
70	shall not expend or authorize an expenditure in excess of the
71	amount appropriated in any fiscal year.
72	Section 3. Subsection (5) of section 430.205, Florida
73	Statutes, is amended to read:
74	430.205 Community care service system.--
75	(5) Any person who has been classified as a functionally
76	impaired elderly person is eligible to receive community-care-
77	for-the-elderly core services.
78	(a)Those elderly persons who are determined by protective
79	investigations to be vulnerable adults in need of services,
80	pursuant to s. 415.104(3)(b), or to be victims of abuse,
81	neglect, or exploitation who are in need of immediate services
82	to prevent further harm and are referred by the adult protective
83	services program, shall be given primary consideration for
84	receiving community-care-for-the-elderly services. As used in
85	this paragraphsubsection, "primary consideration" means that an
86	assessment and services must commence within 72 hours after
87	referral to the department or as established in accordance with
88	department contracts by local protocols developed between
89	department service providers and the adult protective services
90	program.
91	(b) The department shall determine an order of
92	prioritization for all other functionally impaired elderly
93	persons seeking community-care-for-the-elderly services that is
94	based upon the potential recipient’s frailty level and
95	likelihood of institutional placement without such services.
96	After determining such frailty level and likelihood of
97	institutional placement, should the list of potential recipients
98	require further prioritization, another factor that must be
99	considered is the potential recipient’s ability to pay for such
100	services. Those who are less able to pay for such services must
101	receive higher priority than those who are better able to pay
102	for such services. A potential recipient’s ability to pay may be
103	determined by the department based on the potential recipient’s
104	self-declared statement of income and expenses.
105	Section 4. Effective upon becoming a law, section 65 of
106	chapter 2001-45, Laws of Florida, is repealed.
107	Section 5. Except as otherwise provided herein, this act
108	shall take effect July 1, 2003.
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110	================= T I T L E A M E N D M E N T =================
111	Remove the entire title, and insert:
112	A bill to be entitled
113	An act relating to services for the elderly; amending s.
114	430.041, F.S.; removing the Director of the Office of Long-
115	Term-Care Policy from the advisory council; providing for
116	the selection of a chair of the council; providing a limit
117	on consecutive terms for service as chair; amending s.
118	430.07, F.S.; authorizing direct payment to a vendor or
119	prepayment or reimbursement of lodging and transportation
120	expenses directly to volunteers determined necessary by the
121	Department of Elderly Affairs; amending s. 430.205, F.S.,
122	relating to community care for the elderly; providing
123	guidelines for determining the priority of recipients of
124	services; repealing section 65 of ch. 2001-45, Laws of
125	Florida, relating to the state long-term care ombudsman
126	program; providing effective dates.