| 1 | A bill to be entitled |
| 2 | An act relating to local government funding for elderly |
| 3 | services; creating s. 409.018, F.S.; creating the "Local |
| 4 | Elderly Services Act"; providing legislative findings and |
| 5 | intent; providing a definition; providing responsibilities |
| 6 | of the Department of Elderly Affairs; providing |
| 7 | requirements for the use of certain public revenues as |
| 8 | local matching funds and for the uses of federal |
| 9 | reimbursements received as a result of the certification |
| 10 | of local matching funds; providing for agreements between |
| 11 | the department, local area agencies on aging, and local |
| 12 | private entities; requiring the department and local area |
| 13 | agencies on aging to cooperate in modifying state plans |
| 14 | and in seeking and implementing any necessary federal |
| 15 | waivers; providing for administrative costs; requiring the |
| 16 | department to submit annual reports to the Governor and |
| 17 | Legislature; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Section 409.018, Florida Statutes, is created |
| 22 | to read: |
| 23 | 409.018 Local Elderly Services Act; legislative intent.-- |
| 24 | (1) SHORT TITLE.--This section may be cited as the "Local |
| 25 | Elderly Services Act." |
| 26 | (2) LEGISLATIVE FINDINGS AND INTENT.-- |
| 27 | (a) The Legislature recognizes that state funds do not |
| 28 | fully use federal funding matching opportunities for human |
| 29 | service needs. In 2003, the Legislature passed the Local Revenue |
| 30 | Maximization Act, which created s. 409.017 to authorize the use |
| 31 | of certified local funding for federal matching programs to the |
| 32 | fullest extent possible to maximize federal funding of local |
| 33 | preventive services and human service programs in the state. To |
| 34 | that end, the Legislature authorizes the Department of Elderly |
| 35 | Affairs to take a proactive approach in implementing s. 409.017 |
| 36 | with respect to needs and services for the elderly throughout |
| 37 | the state. It is the further intent of the Legislature that this |
| 38 | act shall be revenue neutral with respect to state funds. |
| 39 | (b) It is the intent of the Legislature that the Local |
| 40 | Elderly Services program use certified local funding only after |
| 41 | available state funds have been used to generate matching |
| 42 | federal funding for the state. |
| 43 | (c) It is the intent of the Legislature that participation |
| 44 | in the program is to be voluntary for local participants. |
| 45 | (d) It is the intent of the Legislature that certified |
| 46 | local funding for federal matching programs not supplant or |
| 47 | replace state funds. |
| 48 | (3) LOCAL ELDERLY SERVICES PROGRAM.-- |
| 49 | (a) For purposes of this section, the term "department" |
| 50 | means the Department of Elderly Affairs. |
| 51 | (b) The department shall establish programs and mechanisms |
| 52 | designed to maximize the use of local funding for federal |
| 53 | programs, pursuant to s. 409.017. The Legislature authorizes the |
| 54 | department to serve as lead entity in drawing down federal funds |
| 55 | from the Center for Medicare and Medicaid Services. Programs to |
| 56 | be targeted for federal matching assistance include, but are not |
| 57 | limited to, the Aged and Disabled Adult Medicaid waiver, Adult |
| 58 | Day Health Care waiver, Alzheimer's Disease waiver, Medicaid |
| 59 | Assisted Living for the Frail Elderly waiver, and the Channeling |
| 60 | Services for the Frail Elderly waiver. Additionally, the |
| 61 | department may determine which matching programs are applicable |
| 62 | to local strategies created under the Communities for a Lifetime |
| 63 | initiative. |
| 64 | (c) The department shall create a process whereby the |
| 65 | local area agency on aging is considered a local political |
| 66 | subdivision pursuant to s. 409.017, and the local area agency on |
| 67 | aging shall be responsible for collecting the local matching |
| 68 | funds from the local private entities. To the extent permitted |
| 69 | by federal law, funds donated to the local area agency on aging |
| 70 | by private entities, including, but not limited to, the United |
| 71 | Way, community foundations or other foundations, and businesses |
| 72 | or by individuals are considered to be public revenue funds |
| 73 | available for matching federal funding. |
| 74 | (d) Subject to paragraph (f), any federal reimbursement |
| 75 | received as a result of the certification of local matching |
| 76 | funds must, unless specifically prohibited by federal law, be |
| 77 | returned by check or wire transfer to the local area agency on |
| 78 | aging providing such funding for distribution to local private |
| 79 | entities providing the initial local matching funds within 45 |
| 80 | days after receipt. |
| 81 | (e) The department, as applicable, shall work with the |
| 82 | local area agency on aging to modify any state plans and to seek |
| 83 | and implement any federal waivers necessary to implement this |
| 84 | section. If such modifications or waivers require the approval |
| 85 | of the Legislature, the department, as applicable, shall draft |
| 86 | such legislation and present it to the President of the Senate |
| 87 | and the Speaker of the House of Representatives and to the |
| 88 | chairs of the appropriate substantive committees of the Senate |
| 89 | and the House of Representatives by January 1, 2009, and, as |
| 90 | applicable, annually thereafter. |
| 91 | (f) The department, as applicable, before funds generated |
| 92 | under this section are distributed to any local area agency on |
| 93 | aging, may deduct the actual administrative cost for |
| 94 | implementing and monitoring the local match program; however, |
| 95 | such administrative costs may not exceed 5 percent of the total |
| 96 | federal reimbursement funding to be provided to the local area |
| 97 | agency on aging under paragraph (d). Additionally, the local |
| 98 | area agency on aging may deduct the actual administrative cost |
| 99 | for implementing and monitoring the local match program; |
| 100 | however, such administrative costs may not exceed 5 percent of |
| 101 | the total federal reimbursement funding to be provided to the |
| 102 | private entities who will provide the services to elders. |
| 103 | (g) The department shall annually submit to the Governor, |
| 104 | the President of the Senate, and the Speaker of the House of |
| 105 | Representatives, no later than January 1, a report that |
| 106 | documents the specific activities undertaken during the previous |
| 107 | fiscal year under this section. |
| 108 | Section 2. This act shall take effect July 1, 2008. |