Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 884
                        Barcode 801502
                            CHAMBER ACTION
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11  The Committee on Children and Families (Webster) recommended
12  the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
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17  and insert:  
18         Section 1.  Caregivers; legislative intent; Florida
19  Caregiver Institute, Inc.; creation, duties, board of
20  directors, and reports.--
21         (1)  It is the intent of the Legislature to foster the
22  development of caregiving as a nonlicensed paraprofessional
23  activity that is critical to the provision of community-based
24  and institutional care for frail and vulnerable Floridians who
25  live in the community, reside in a licensed assisted living
26  facility or licensed adult family-care home, or attend a
27  licensed adult day care center. It is the further intent of
28  the Legislature to promote the use of nationally recognized
29  best-practices information by caregivers so as to improve the
30  quality of care both in the community and in long-term care
31  facilities licensed by the state and to ensure some degree of
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 884 Barcode 801502 1 uniformity as to the techniques, practices, and standards used 2 in caring for the state's most vulnerable residents. 3 (2) In order to accomplish the goal of developing 4 best-practices information and placing that information into 5 the hands of caregivers that care for Floridians who live in 6 the community, reside in facilities licensed by the state 7 under part III or part VII of chapter 400, Florida Statutes, 8 or attend an adult day care center licensed under part V of 9 chapter 400, Florida Statutes, there is created the Florida 10 Caregiver Institute, Inc., a not-for-profit corporation that 11 is to be registered, incorporated, organized, and operated in 12 compliance with chapter 617, Florida Statutes, and that is not 13 a unit or entity of state government. The Florida Caregiver 14 Institute, hereinafter referred to as "the corporation," shall 15 be administratively housed in the Florida Policy Exchange 16 Center on Aging at the University of South Florida. 17 (3) The corporation shall assist the Florida Policy 18 Exchange Center on Aging in the development of policy 19 recommendations to enhance the center's efforts to improve the 20 availability and skills of individuals who seek to work as 21 caregivers in the home, in the community, or in a facility 22 licensed by the state under part III, part V, or part VII of 23 chapter 400, Florida Statutes. The corporation also: 24 (a) Shall seek to identify funding for the purpose of 25 providing training in and promotion of the use of best 26 practices to front line caregivers through state, federal, and 27 private sources. 28 (b) Shall work with universities and other related 29 parties to develop training materials, identify best-practices 30 techniques, and develop a curriculum. 31 (c) Shall conduct a needs assessment of the 2 7:50 AM 02/15/05 s0884c-cf09-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 884 Barcode 801502 1 nonlicensed caregivers who work in the community or in 2 facilities that are licensed under part III, part V, or part 3 VII of chapter 400, Florida Statutes. 4 (d) Shall make recommendations to the Department of 5 Elderly Affairs, the Department of Children and Family 6 Services, the Agency for Health Care Administration, and the 7 Department of Health regarding policy and related changes that 8 will help improve the quality, availability, and retention of 9 nonlicensed caregivers who work in the community or in 10 facilities licensed under part III, part V, or part VII of 11 chapter 400, Florida Statutes. 12 (e) Shall make recommendations on proposed legislative 13 changes and budget-related items that would affect the 14 quality, availability, and retention of nonlicensed 15 caregivers, and review the need for nonlicensed caregivers to 16 work in the community or in facilities licensed under part 17 III, part V, or part VII of chapter 400, Florida Statutes. 18 This information must be provided to the President of the 19 Senate, the Speaker of the House of Representatives, and the 20 Governor by January 1 of each year. 21 (f) Shall develop agreements with the Agency for 22 Health Care Administration, the Department of Elderly Affairs, 23 the Department of Health, the Department of Children and 24 Family Services, and any other state agency it considers 25 necessary, for the exclusive purpose of accessing state-owned 26 buildings and state employees for the purpose of providing 27 low-cost, effective training and paraprofessional development 28 assistance to nonlicensed caregivers who work in the community 29 or in facilities licensed under part III, part V, or part VII 30 of chapter 400, Florida Statutes. 31 (g) May charge a reasonable fee, on a sliding scale, 3 7:50 AM 02/15/05 s0884c-cf09-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 884 Barcode 801502 1 as provided in the bylaws of the corporation for the provision 2 of training of nonlicensed caregivers who work in the 3 community or in facilities licensed under part III, part V, or 4 part VII of chapter 400, Florida Statutes. The corporation 5 shall take all steps possible to offer high-quality training 6 at the most cost-effective rates. 7 (h) May offer to assisted living facilities, adult 8 family day care homes, and adult day care centers core 9 training and other training. The Departmental of Elderly 10 Affairs, in consultation with the corporation and the 11 contractor responsible for the development of the core 12 training testing materials, shall annually evaluate the 13 testing materials and make any necessary changes to these 14 materials. 15 (i) Shall collect information regarding nonlicensed 16 caregivers who work in the community and in facilities 17 licensed under part III, part V, or part VII of chapter 400, 18 Florida Statutes. The information collected must include, but 19 need not be limited to, the salary rates for various 20 positions, professional development needs of nonlicensed 21 caregivers, information regarding turnover and retention, and 22 data that identifies the number of caregivers using 23 best-practices information in day-to-day, care-related 24 activities. 25 (j) Shall develop a memorandum of understanding with 26 the Florida Policy Exchange Center on Aging which describes 27 how the corporation will interact with the center in carrying 28 out its responsibilities. 29 (k) Shall develop an agreement with the Florida Policy 30 Exchange Center on Aging for the provision of administrative 31 support and startup, with the expectation that the corporation 4 7:50 AM 02/15/05 s0884c-cf09-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 884 Barcode 801502 1 will not rely upon the center for staff or financial 2 assistance after June 1, 2007. 3 (l) May contract with the Florida Policy Exchange 4 Center on Aging for the provision of staff support, research, 5 technical assistance, and data storage under a memorandum of 6 agreement. 7 (4)(a) The board of directors of the corporation shall 8 consist of 13 members who represent the views, interests, and 9 perspectives of the parties, individuals, and stakeholders 10 affected by the activities of the corporation. Each member of 11 the board shall be appointed to a 2-year term and may not be 12 reappointed to more than three additional terms, except that 13 the initial legislative appointments shall be for a period of 14 3 years each. 15 (b) The board of directors of the corporation shall 16 include: 17 1. One member appointed by The Florida Association of 18 Homes for the Aging. 19 2. One member appointed by the Florida Assisted Living 20 Affiliation. 21 3. One member appointed by the Alzheimer's 22 Association. 23 4. One member appointed by the Florida Council on 24 Aging. 25 5. One member appointed by the Florida Adult Day Care 26 Association. 27 6. One member appointed by the Florida Respite 28 Council. 29 7. One member appointed by the State Long-Term Care 30 Ombudsman. 31 8. Two members appointed by the Governor. 5 7:50 AM 02/15/05 s0884c-cf09-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 884 Barcode 801502 1 9. Two members appointed by the President of the 2 Senate. 3 10. Two members appointed by the Speaker of the House 4 of Representatives. 5 6 The Governor, the President of the Senate, and the Speaker of 7 the House of Representatives must make their respective 8 initial appointments not later than September 1, 2005. 9 (c) The chair shall be elected by the members, may not 10 serve more than two 1-year terms, and may not be a state 11 employee. 12 (d) The corporation shall adopt bylaws that describe 13 how it will do its work. The corporation shall follow Robert's 14 Rules of Order, newly revised edition, for all procedural 15 matters that arise. 16 (e) A majority of the members of the corporation's 17 board of directors constitutes a quorum. 18 (f) The corporation shall be accountable to the board 19 of directors and make its meetings open to any member of the 20 public and shall make provision for accepting input from 21 family members, consumers, stakeholders, providers, or other 22 parties affected by the activities of the corporation. The 23 corporation shall make every effort to make its schedule and 24 meeting location accessible to the public, by means including 25 the use of websites and public buildings. 26 (g) The chair of the corporation's board of directors 27 shall ensure that accurate minutes are kept which reflect the 28 attendance, motions, and actions of the board and the 29 discussion of matters brought before the board. These minutes 30 shall be made available to the public for inspection and 31 review and, if possible, posted on a website to provide 6 7:50 AM 02/15/05 s0884c-cf09-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 884 Barcode 801502 1 greater public access. 2 (h) The chair shall call a meeting quarterly and may 3 schedule other meetings using electronic means as he or she 4 considers appropriate. The chair must call at least one 5 meeting per year for the purpose of establishing goals and 6 evaluating the progress of the corporation in the previous 7 year. 8 (i) The chair of the corporation's board of directors 9 may appoint advisory committees to advise the corporation on 10 specific issues that fall within the corporation's scope of 11 work and stated objectives. 12 (j) Each member of the corporation's board of 13 directors and its advisory committees shall serve at his or 14 her own expense, including travel or other costs associated 15 with their duties as a member of the board of directors. 16 (k) The chair may remove a member of the board for 17 three unexcused absences from regularly scheduled meetings. 18 (l) An appointed member serves at the pleasure of the 19 entity that has made the appointment and may be removed by 20 that entity without cause. 21 (5)(a) The chair of the corporation's board of 22 directors shall establish an audit committee, consisting of at 23 least three board members, to annually review and report on 24 the financial condition of the corporation. A copy of the 25 audit committee's report shall be provided to the board 26 members, the Governor, the President of the Senate, and the 27 Speaker of the House of Representatives by January 10 of each 28 year. The audit committee's report must include a complete 29 accounting of all revenues and expenses incurred by the 30 corporation during that year. 31 (b) The corporation may employ staff, contract with 7 7:50 AM 02/15/05 s0884c-cf09-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 884 Barcode 801502 1 consultants, and otherwise retain the necessary staff within 2 available funds to accomplish its goals and purposes. 3 (c) The corporation shall annually evaluate and, by 4 January 10 of each year, shall report to the Legislature and 5 the Governor the status of its work relative to promoting the 6 use of best practices by caregivers and developing nonlicensed 7 caregivers who work in the community or in facilities licensed 8 under part III, part V, or part VII of chapter 400, Florida 9 Statutes. 10 (d) Each public-sector agency that provides training 11 or support for nonlicensed caregivers who work in the 12 community or in facilities licensed under part III, part V, or 13 part VII of chapter 400, Florida Statutes, shall cooperate 14 with the corporation, and the Florida Policy Exchange Center 15 on Aging shall certify to the Governor, the President of the 16 Senate, and the Speaker of the House of Representatives, using 17 criteria that include communication, timeliness of response, 18 and coordination efforts, as to whether the corporation is 19 receiving the necessary and requested support from various 20 public-sector organizations that provide training to such 21 nonlicensed caregivers. 22 Section 2. By October 1, 2008, the Office of Program 23 Policy Analysis and Government Accountability shall conduct a 24 review of the Florida Caregiver Institute, Inc., and shall 25 report to the Legislature and the Governor as to whether the 26 corporation has been effective in helping the state meet its 27 goals of improving the retention of nonlicensed caregivers in 28 the community or in facilities licensed under part III, part 29 V, or part VII of chapter 400, Florida Statutes, and whether 30 it has been successful in promoting the use of best-practices 31 techniques by caregivers who care for Florida's frail and 8 7:50 AM 02/15/05 s0884c-cf09-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 884 Barcode 801502 1 disabled adult population. 2 Section 3. This act shall take effect July 1, 2005. 3 4 5 ================ T I T L E A M E N D M E N T =============== 6 And the title is amended as follows: 7 Delete everything before the enacting clause 8 9 and insert: 10 A bill to be entitled 11 An act relating to caregivers for disabled or 12 elderly adults; providing legislative intent to 13 foster caregiving as a nonlicensed 14 paraprofessional activity and to promote the 15 caregivers' use of best practices; creating the 16 Florida Caregiver Institute, Inc., an 17 independent nonprofit corporation housed in the 18 Florida Policy Exchange Center on Aging at the 19 University of South Florida; providing 20 purposes, duties, and powers of the 21 corporation; providing for a board of 22 directors; providing for membership, terms of 23 office, meetings, and powers and duties of and 24 restrictions on the board; requiring reports to 25 the Governor and the Legislature; providing 26 duties of the Florida Policy Exchange Center on 27 Aging and other public agencies; providing for 28 the Office of Program Policy Analysis and 29 Government Accountability to conduct a review 30 of the corporation by a specified date and to 31 report to the Governor and the Legislature; 9 7:50 AM 02/15/05 s0884c-cf09-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 884 Barcode 801502 1 providing an effective date. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 10 7:50 AM 02/15/05 s0884c-cf09-j01