Senate Bill sb1330c1
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Florida Senate - 2006 CS for SB 1330
By the Committee on Children and Families; and Senator Fasano
586-2124-06
1 A bill to be entitled
2 An act relating to the Department of Elderly
3 Affairs; amending s. 430.04, F.S.; authorizing
4 the Department of Elderly Affairs to terminate
5 a contract or agreement with an area agency on
6 aging under certain circumstances; requiring
7 the department to use a competitive-procurement
8 process to procure a new area agency on aging
9 to plan, fund, and administer the programs and
10 services in the affected planning and service
11 area; requiring that any contract or referral
12 agreement entered into between an area agency
13 on aging and a lead agency or a service
14 provider or program provider be assignable to
15 the department under certain circumstances;
16 providing an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Subsection (2) of section 430.04, Florida
21 Statutes, is amended, present subsections (3) through (16) of
22 that section are redesignated as subsections (4) through (17),
23 respectively, and a new subsection (3) is added to that
24 section, to read:
25 430.04 Duties and responsibilities of the Department
26 of Elderly Affairs.--The Department of Elderly Affairs shall:
27 (2) Be responsible for ensuring that each area agency
28 on aging operates in a manner to ensure that the elderly of
29 this state receive the best services possible. The department
30 shall rescind designation of an area agency on aging or take
31 intermediate measures against the agency, including corrective
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1330
586-2124-06
1 action, unannounced special monitoring, temporary assumption
2 of operation of one or more programs by the department,
3 placement on probationary status, imposing a moratorium on
4 agency action, imposing financial penalties for
5 nonperformance, or other administrative action pursuant to
6 chapter 120, if, after an evaluation, the department finds
7 that:
8 (a) An intentional or negligent act of the agency has
9 materially affected the health, welfare, or safety of clients,
10 or substantially and negatively affected the operation of an
11 aging services program;.
12 (b) The agency lacks financial stability sufficient to
13 meet contractual obligations or that contractual funds have
14 been misappropriated;.
15 (c) The agency has committed multiple or repeated
16 violations of legal and regulatory requirements or department
17 standards;.
18 (d) The agency has failed to continue the provision or
19 expansion of services after the declaration of a state of
20 emergency;.
21 (e) The agency has exceeded its authority or otherwise
22 failed to adhere to the terms of its contract with the
23 department or has exceeded its authority or otherwise failed
24 to adhere to the provisions specifically provided by statute
25 or rule adopted by the department;.
26 (f) The agency has failed to properly determine client
27 eligibility as defined by the department or efficiently manage
28 program budgets; or.
29 (g) The agency has failed to implement and maintain a
30 department-approved client grievance resolution procedure.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1330
586-2124-06
1 (3)(a) If the department takes an intermediate measure
2 against an area agency on aging as provided in subsection (2)
3 and the department determines, at least 90 days after the
4 measure is taken, that the area agency on aging has failed to
5 effectively plan, fund, or administer contracts for programs
6 and services not funded by the federal Older Americans Act,
7 the department may terminate the contract of the area agency
8 on aging for such programs or services. Notwithstanding any
9 law to the contrary, if the department terminates a contract
10 with an area agency on aging, the department must contract, in
11 accordance with chapter 287, with an entity to plan, fund, and
12 administer the programs and services previously under contract
13 in the affected planning and service area. The department may
14 directly provide the affected program or service for a limited
15 period of time, but must initiate a competitive-procurement
16 process to replace the area agency on aging within 180 days
17 after the termination of the area agency on aging's contract.
18 (b) Any contract or referral agreement effective on or
19 after July 1, 2006, between an area agency on aging and a lead
20 agency or service provider must be assignable to the
21 department and subsequently to an entity competitively
22 selected under this subsection.
23 Section 2. This act shall take effect July 1, 2006.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1330
586-2124-06
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1330
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4 This Committee Substitute allows the Department of Elderly
Affairs (DOEA) to terminate a contract for administration of
5 state-funded aging programs through Area Agencies on Aging
under certain circumstances. If a contract is terminated, the
6 department must contract with another entity to administer the
state funded programs or may directly provide the service for
7 a specified period of time and must begin a competitive
procurement process. After July 2, 2006, any contract or
8 referral agreement between an area agency and a lead agency
must be assignable to DOEA and, subsequently, to a
9 competitively procured entity.
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