Senate Bill sb0884
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Florida Senate - 2005 SB 884
By Senator Wise
5-913-05 See HB 161
1 A bill to be entitled
2 An act relating to caregivers for adults;
3 providing legislative intent to foster
4 caregiving as a nonlicensed paraprofessional
5 activity and to promote the use of best
6 practices; creating the Florida Caregiver
7 Institute, Inc., an independent not-for-profit
8 corporation within the Agency for Workforce
9 Innovation; providing purposes, duties, and
10 powers of the corporation; providing for a
11 board of directors; providing for membership,
12 terms of office, meetings, and powers and
13 duties of and restrictions on the board;
14 providing for an audit committee; requiring
15 reports to the Governor and the Legislature;
16 providing duties of the Agency for Workforce
17 Innovation and other public agencies; providing
18 for the Office of Program Policy Analysis and
19 Government Accountability to conduct a review
20 of the corporation by a specified date and to
21 report to the Governor and the Legislature;
22 providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
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26 Section 1. Legislative intent; Florida Caregiver
27 Institute, Inc.; creation, duties, board of directors,
28 reports.--
29 (1) It is the intent of the Legislature to foster the
30 development of caregiving for adults as a nonlicensed
31 paraprofessional activity that is critical to the provision of
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Florida Senate - 2005 SB 884
5-913-05 See HB 161
1 community-based and institutional care for frail and
2 vulnerable adults who live in the community, in a licensed
3 assisted living facility, or in a licensed adult family-care
4 home. It is the further intent of the Legislature to promote
5 the use of nationally recognized best-practices information by
6 nonlicensed caregivers so as to improve the quality of care in
7 the community and in facilities licensed under part III or
8 part VII of chapter 400, Florida Statutes, and to ensure some
9 degree of uniformity of techniques, practices, and standards
10 used in caring for the state's most vulnerable residents.
11 (2) In order to accomplish the goal of developing
12 best-practices information and providing that information to
13 nonlicensed caregivers that care for residents who live in the
14 community or in facilities licensed under part III or part VII
15 of chapter 400, Florida Statutes, there is created the Florida
16 Caregiver Institute, Inc., a not-for-profit corporation which
17 shall be registered, incorporated, organized, and operated in
18 compliance with chapter 617, Florida Statutes, and which may
19 not be a unit of state government. The Florida Caregiver
20 Institute, Inc., hereinafter referred to as "the corporation,"
21 shall be administratively housed within the Agency for
22 Workforce Innovation. Although the corporation is not subject
23 to the control of the Agency for Workforce Innovation, the
24 corporation shall work in collaboration with the agency to
25 help improve the availability of caregivers and the use of
26 best practices by caregivers in the community and in
27 facilities licensed under part III or part VII of chapter 400,
28 Florida Statutes.
29 (3) The corporation shall assist the Agency for
30 Workforce Innovation in the development of policy
31 recommendations to enhance the agency's efforts to improve the
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Florida Senate - 2005 SB 884
5-913-05 See HB 161
1 skills and availability of individuals who seek to work as
2 caregivers in the community or in facilities licensed under
3 part III or part VII of chapter 400, Florida Statutes. The
4 corporation also:
5 (a) Shall seek to identify funding for the purpose of
6 providing training in and promotion of the use of best
7 practices to nonlicensed caregivers through state, federal,
8 and private sources.
9 (b) Shall work with state universities, research and
10 policy development centers, and other institutions to develop
11 training materials and a curriculum and identify best
12 practices.
13 (c) Shall conduct a needs assessment of the
14 nonlicensed caregivers who work in the community or in
15 facilities that are licensed under part III or part VII of
16 chapter 400, Florida Statutes.
17 (d) Shall make recommendations to the Agency for
18 Workforce Innovation, the Department of Elderly Affairs, the
19 Department of Children and Family Services, the Agency for
20 Health Care Administration, and the Department of Health
21 regarding policy and related changes that will improve the
22 quality, availability, and retention of nonlicensed caregivers
23 who work in the community or in facilities licensed under part
24 III or part VII of chapter 400, Florida Statutes.
25 (e) Shall review and forecast the need for nonlicensed
26 caregivers to work in the community or in facilities licensed
27 under part III or part VII of chapter 400, Florida Statutes.
28 This information shall be provided annually to the Governor,
29 the President of the Senate, and the Speaker of the House of
30 Representatives.
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Florida Senate - 2005 SB 884
5-913-05 See HB 161
1 (f) Shall make recommendations to the Governor, the
2 President of the Senate, and the Speaker of the House of
3 Representatives on proposed legislative changes and
4 budget-related items that would affect the quality,
5 availability, and retention of nonlicensed caregivers who work
6 in the community or in facilities licensed under part III or
7 part VII of chapter 400, Florida Statutes.
8 (g) Shall develop agreements with the Agency for
9 Health Care Administration, the Department of Elderly Affairs,
10 the Department of Health, the Department of Children and
11 Family Services, and any other state agency it considers
12 necessary for the exclusive purpose of providing access to
13 state buildings and state employees in order to offer
14 low-cost, effective training and paraprofessional development
15 assistance to nonlicensed caregivers who work in the community
16 or in facilities licensed under part III or part VII of
17 chapter 400, Florida Statutes.
18 (h) May charge a reasonable fee for the training of
19 nonlicensed caregivers who work in the community or in
20 facilities licensed under part III or part VII of chapter 400,
21 Florida Statutes. The corporation shall take all steps
22 possible to offer high-quality training at the most
23 cost-effective rates.
24 (i) May offer training to the personnel of assisted
25 living facilities.
26 (j) Shall collect information regarding the
27 development of nonlicensed caregivers who work in the
28 community and in facilities licensed under part III or part
29 VII of chapter 400, Florida Statutes. The information
30 collected must include, but need not be limited to, the salary
31 rates for various positions, professional development needs of
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Florida Senate - 2005 SB 884
5-913-05 See HB 161
1 nonlicensed caregivers, information regarding turnover rates
2 and retention, and data that identify the number of caregivers
3 using best practices in daily care-related activities.
4 (k) Shall develop a memorandum of understanding with
5 the Agency for Workforce Innovation which describes how the
6 corporation will interact with the agency and other state
7 agencies in carrying out its responsibilities.
8 (l) Shall develop an agreement with the Agency for
9 Workforce Innovation for the provision of administrative
10 support and startup costs, with the expectation that the
11 corporation shall not rely upon the agency for staff or
12 financial assistance after December 31, 2007.
13 (m) May contract with the Agency for Workforce
14 Innovation for the provision of staff support, research and
15 technical assistance, and data storage under a memorandum of
16 agreement.
17 (4)(a) The board of directors of the corporation shall
18 consist of 13 members who represent the views, interests, and
19 perspectives of the parties, individuals, and stakeholders
20 affected by the activities of the corporation. Each member of
21 the board shall be appointed to a 2-year term and may not be
22 reappointed to more than three additional terms, except that
23 the initial appointments made by the President of the Senate
24 and the Speaker of the House of Representatives shall be for a
25 period of 3 years each.
26 (b) The board of directors of the corporation shall
27 include:
28 1. One member appointed by the Florida Association of
29 Homes for the Aging.
30 2. One member appointed by the Florida Assisted Living
31 Affiliation.
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Florida Senate - 2005 SB 884
5-913-05 See HB 161
1 3. One member appointed by the Alzheimer's
2 Association.
3 4. One member appointed by the Florida Council on
4 Aging.
5 5. Three members appointed by the Governor.
6 6. Three members appointed by the President of the
7 Senate.
8 7. Three members appointed by the Speaker of the House
9 of Representatives.
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11 The Governor, the President of the Senate, and the Speaker of
12 the House of Representatives must make their respective
13 initial appointments no later than September 1, 2005.
14 (c) The chair shall be elected by the members, may not
15 serve more than two 1-year terms, and may not be a state
16 employee.
17 (d) The board shall adopt bylaws for the regulation of
18 its affairs and the conduct of its business. In conducting its
19 meetings, the board shall use Robert's Rules of Order, revised
20 edition.
21 (e) A majority of the members of the board constitutes
22 a quorum.
23 (f) The meetings of the board shall be open to the
24 public and shall provide for accepting input from family
25 members, consumers, stakeholders, providers, or other parties
26 affected by the activities of the corporation. The board shall
27 post its schedule and meeting locations on a publicly
28 available Internet website and in public buildings.
29 (g) The chair of the board shall ensure that accurate
30 minutes are kept which reflect the attendance, motions, and
31 actions of the board and the discussion of matters brought
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Florida Senate - 2005 SB 884
5-913-05 See HB 161
1 before the board. These minutes shall be made available to the
2 public for inspection and review and, if possible, posted on a
3 publicly available Internet website to provide greater public
4 access.
5 (h) The chair shall call a meeting quarterly and may
6 schedule other meetings using electronic means as he or she
7 considers appropriate. The chair shall call at least one
8 meeting per year for the purpose of establishing goals and
9 evaluating the progress of the previous year.
10 (i) The chair of the board may appoint advisory
11 committees to advise the corporation on specific issues that
12 fall within the corporation's scope of work and stated
13 objectives.
14 (j) Each member of the board and its advisory
15 committees shall serve at his or her own expense.
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 made the appointment and may be removed by that
20 entity without cause.
21 (5)(a) The chair of the board shall establish an audit
22 committee to annually review and report on the financial
23 condition of the corporation. The audit committee shall
24 consist of board members and its report must include a
25 complete accounting for all revenues and expenses incurred by
26 the corporation. A copy of the audit committee's report shall
27 be provided to the board members, the Governor, the President
28 of the Senate, and the Speaker of the House of
29 Representatives.
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Florida Senate - 2005 SB 884
5-913-05 See HB 161
1 (b) The corporation may employ staff, contract with
2 consultants, and otherwise conduct its affairs using standard
3 accepted business practices to accomplish its goals.
4 (c) In October of each year, the corporation shall
5 submit a report to the Governor, the President of the Senate,
6 and the Speaker of the House of Representatives which
7 evaluates the status of the work of the corporation relating
8 to the use of best practices by nonlicensed caregivers and the
9 development of nonlicensed caregivers who work in the
10 community or in facilities licensed under part III or part VII
11 of chapter 400, Florida Statutes.
12 (d) Each public-sector agency that provides training
13 or support for nonlicensed caregivers who work in the
14 community or in facilities licensed under part III or part VII
15 of chapter 400, Florida Statutes, shall cooperate with the
16 corporation and the Agency for Workforce Innovation shall
17 certify whether the corporation is receiving the necessary and
18 requested support from public-sector organizations that
19 provide training to such nonlicensed caregivers.
20 Section 2. By October 1, 2008, the Office of Program
21 Policy Analysis and Government Accountability shall conduct a
22 review of the Florida Caregiver Institute, Inc., and shall
23 submit a report to the Governor, the President of the Senate,
24 and the Speaker of the House of Representatives which
25 evaluates the effectiveness of the corporation in helping the
26 state meet its goal of improving the retention of nonlicensed
27 caregivers in the community or in facilities licensed under
28 part III or part VII of chapter 400, Florida Statutes, and
29 whether the corporation has been successful in promoting the
30 use of best practices by nonlicensed caregivers who care for
31 Florida's frail and vulnerable adults.
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Florida Senate - 2005 SB 884
5-913-05 See HB 161
1 Section 3. This act shall take effect July 1, 2005.
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