Florida Senate - 2009                                     SB 770
       
       
       
       By Senator Fasano
       
       
       
       
       11-00748B-09                                           2009770__
    1                        A bill to be entitled                      
    2         An act relating to area agencies on aging; amending s.
    3         20.41, F.S.; revising provisions relating to the
    4         Department of Elderly Affairs; deleting references to
    5         the boards of area agencies on aging; amending s.
    6         430.203, F.S.; requiring that each area agency on
    7         aging, rather than the department, develop request for
    8         proposals for a community care for the elderly lead
    9         agency; prohibiting the Division of Administrative
   10         Hearings from hearing disputes relating to the
   11         competitive procurement process developed by the area
   12         agencies; amending s. 430.2053, F.S.; conforming
   13         cross-references; providing an effective date.
   14         
   15  Be It Enacted by the Legislature of the State of Florida:
   16         
   17         Section 1. Subsections (6), (7), (8), and (9) of section
   18  20.41, Florida Statutes, are amended to read:
   19         20.41 Department of Elderly Affairs.—There is created a
   20  Department of Elderly Affairs.
   21         (6) In accordance with the federal Older Americans Act of
   22  1965, as amended, the department shall designate and contract
   23  with area agencies on aging in each of the department's planning
   24  and service areas to carry out programmatic and funding
   25  requirements. Area agencies on aging shall ensure the a
   26  coordinated and integrated provision of long-term care services
   27  to the elderly and shall ensure the provision of prevention and
   28  early intervention services. The department shall have overall
   29  responsibility for information system planning. The department
   30  shall ensure, through the development of equipment, software,
   31  data, and connectivity standards, the ability to share and
   32  integrate information collected and reported by the area
   33  agencies in support of their contracted obligations to the
   34  state.
   35         (7)The department shall contract with the governing body,
   36  hereafter referred to as the “board,” of an area agency on aging
   37  to fulfill programmatic and funding requirements. The board
   38  shall be responsible for the overall direction of the agency's
   39  programs and services and shall ensure that the agency is
   40  administered in accordance with the terms of its contract with
   41  the department, legal requirements, established agency policy,
   42  and effective management principles. The board shall also ensure
   43  the accountability of the agency to the local communities
   44  included in the planning and service area of the agency.
   45         (7)(8)Each The area agency on aging board shall, in
   46  consultation with the secretary, appoint a chief executive
   47  officer, hereafter referred to as the “executive director,” to
   48  whom shall be delegated responsibility for agency management and
   49  for implementation of board policy, and who shall be accountable
   50  for the agency's performance.
   51         (8)(9) Area agencies on aging are subject to chapter 119,
   52  relating to public records, and, when considering any contracts
   53  requiring the expenditure of funds, are subject to ss. 286.011
   54  286.012, relating to public meetings.
   55         Section 2. Subsection (9) of section 430.203, Florida
   56  Statutes, is amended to read:
   57         430.203 Community care for the elderly; definitions.—As
   58  used in ss. 430.201-430.207, the term:
   59         (9) “Lead agency” means an agency designated at least once
   60  every 3 years by an area agency on aging pursuant to as the
   61  result of a request for proposal process to be in place no later
   62  than the state fiscal year 1996-1997.
   63         (a) The guidelines for the request for proposal shall must
   64  be developed by the department in consultation with the area
   65  agencies on aging and. Such guidelines must include requirements
   66  for the assurance of quality and cost-efficiency of services,
   67  minimum personnel standards, and employee benefits. This
   68  paragraph does not authorize the Division of Administrative
   69  Hearings to consider disputes relating to the procurement
   70  process developed by the area agency on aging to implement this
   71  subsection.
   72         (b)The area agency on aging, in consultation with the
   73  department, shall exempt from the competitive bid process any
   74  contract with a provider who meets or exceeds established
   75  minimum standards, as determined by the department.
   76         (b)(c) In each community care service system, the lead
   77  agency must be given the authority and responsibility to
   78  coordinate some or all of the services, either directly or
   79  through subcontracts, for functionally impaired elderly persons.
   80  These services must include case management, homemaker and chore
   81  services, respite care, adult day care, personal care services,
   82  home-delivered meals, counseling, information and referral, and
   83  emergency home repair services. The lead agency shall must
   84  compile community care statistics and monitor, when applicable,
   85  subcontracts with agencies providing core services.
   86         Section 3. Subsection (7) of section 430.2053, Florida
   87  Statutes, is amended to read:
   88         430.2053 Aging resource centers.—
   89         (7) The aging resource center shall have a governing body
   90  which shall be the same entity described in s. 20.41(6) s.
   91  20.41(7), and an executive director who may be the same person
   92  as described in s. 20.41(7) s. 20.41(8). The governing body
   93  shall annually evaluate the performance of the executive
   94  director.
   95         Section 4. This act shall take effect upon becoming a law.