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A bill to be entitled

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An act relating to services for the elderly; creating the

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"Elderly Local Services Act"; providing legislative

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intent; providing definitions; designating the Department

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of Elderly Affairs as the lead agency for maximizing

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federal funding for programs serving the elderly;

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specifying the programs that are eligible for the funding;

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designating the area agencies on aging as the local

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political subdivisions responsible for collecting

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certified local funding; specifying that private funding

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collected is considered public revenue funds for the

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purposes of matching federal funding; requiring that

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federal funding received be dispersed to the area agencies

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for distribution within 45 days; requiring the department

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to modify state plans and seek any federal waivers

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necessary; providing for administrative costs; requiring

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the department to submit annual reports to the Governor

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and the Legislature; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. Elderly Local Services Act.--

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     (1) SHORT TITLE.--This section may be cited as the "Elderly

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Local Services Act."

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     (2) LEGISLATIVE INTENT.--The Legislature recognizes that

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state funds do not fully use opportunities to obtain federal

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matching funds for human service needs. For that reason the

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Legislature passed the Local Revenue Maximization Act, s.

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409.017, Florida Statutes, to authorize the use of certified

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local funding as a match for federal programs in order to

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maximize federal funding for local preventive and human service

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programs in this state. The Legislature intends that the

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Department of Elderly Affairs take a proactive approach in using

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the Local Revenue Maximization Act to fund elder needs and

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services throughout the state. It is the further intent of the

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Legislature that:

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     (a) Revenue maximization opportunities under this section

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use certified local funding only after available state funds have

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been used to generate matching federal funding for the state as a

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whole.

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     (b) Certified local funding for federal matching programs

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not supplant or replace state funds.

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     (c) Programs initiated pursuant to this section be revenue

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neutral with respect to state funds.

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     (d) Local participation in revenue maximization under this

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section be voluntary.

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     (3) PROGRAM.--Pursuant to s. 409.017, Florida Statutes, and

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this section, the Department of Elderly Affairs is designated as

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the lead agency for designing and establishing mechanisms that

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maximize the use of certified local match moneys to help fund

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programs that serve the elderly at the local level, and as the

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lead entity for drawing down federal matching dollars from the

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Centers for Medicare and Medicaid.

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     (a) Programs to be targeted for federal matching assistance

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include, but are not limited to, the Aged and Disabled Adult

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Waiver, the Adult Day Health Waiver, the Alzheimer's Disease

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Waiver, the Assisted Living for the Elderly Waiver, and the

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Channel Services for the Frail Elderly program. Additionally, the

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department may determine which programs are applicable to local

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strategies created under the Communities for a Lifetime

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initiative.

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     (c) The department shall create a process whereby the local

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area agencies on aging may be considered the local political

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subdivision for the purposes of s. 409.017, Florida Statutes. The

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area agencies shall be responsible for collecting the certified

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local funding from local private entities. To the extent

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permitted by federal law, funds donated to the area agencies by

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private entities, such as the United Way, community foundations

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or other foundations, businesses, or individuals, are considered

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to be public revenue funds available for matching federal

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funding.

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     (d) Subject to paragraph (f), any federal matching funds

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received as a result of the certification of local matching funds

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must, unless specifically prohibited by federal law, be dispersed

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by check or wire transfer within 45 days after receipt to the

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area agency on aging providing the certified local match and be

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distributed to the local private entities providing the initial

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local matching funds.

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     (e) The department shall work with the area agencies on

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aging to modify any state plans and to seek and implement any

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federal waivers necessary to implement this section. If such

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modifications or waivers require the approval of the Legislature,

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the department shall draft such legislation and present it to the

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President of the Senate and the Speaker of the House of

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Representatives by January 1, 2009, and, annually thereafter.

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     (f) Before funds generated under this section are

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distributed to any area agency on aging, the department may

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deduct the actual administrative cost for implementing and

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monitoring the local match program under this section; however,

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the administrative costs may not exceed 5 percent of the total

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federal funding to be provided to the area agency under paragraph

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(d). Additionally, each area agency may deduct its actual

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administrative costs for implementing and monitoring local match

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programs in its area; however, the administrative costs may not

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exceed 5 percent of the total federal funding to be provided to

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the private entities that are providing services to elders.

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     (4) REPORT.--The Department of Elderly Affairs shall

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annually submit to the Governor, the President of the Senate, and

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the Speaker of the House of Representatives by January 1, a

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report that documents the specific activities undertaken during

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the previous fiscal year to implement this section.

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     Section 2.  This act shall take effect July 1, 2008.