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.