Florida Senate - 2009 CS for SB 770
By the Committee on Children, Families, and Elder Affairs; and
Senator Fasano
586-02991A-09 2009770c1
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.; extending the period of designation as
7 a lead agency; requiring that each area agency on
8 aging, rather than the department, develop request for
9 proposals for a community care for the elderly lead
10 agency; prohibiting the Division of Administrative
11 Hearings from hearing disputes relating to the
12 request-for-proposal process developed by the area
13 agencies; amending s. 430.2053, F.S.; conforming
14 cross-references; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsections (6), (7), (8), and (9) of section
19 20.41, Florida Statutes, are amended to read:
20 20.41 Department of Elderly Affairs.—There is created a
21 Department of Elderly Affairs.
22 (6) In accordance with the federal Older Americans Act of
23 1965, as amended, the department shall designate and contract
24 with area agencies on aging in each of the department’s planning
25 and service areas to carry out programmatic and funding
26 requirements. Area agencies on aging shall ensure the a
27 coordinated and integrated provision of long-term care services
28 to the elderly and shall ensure the provision of prevention and
29 early intervention services. The department shall have overall
30 responsibility for information system planning. The department
31 shall ensure, through the development of equipment, software,
32 data, and connectivity standards, the ability to share and
33 integrate information collected and reported by the area
34 agencies in support of their contracted obligations to the
35 state.
36 (7) The department shall contract with the governing body,
37 hereafter referred to as the “board,” of an area agency on aging
38 to fulfill programmatic and funding requirements. The board
39 shall be responsible for the overall direction of the agency’s
40 programs and services and shall ensure that the agency is
41 administered in accordance with the terms of its contract with
42 the department, legal requirements, established agency policy,
43 and effective management principles. The board shall also ensure
44 the accountability of the agency to the local communities
45 included in the planning and service area of the agency.
46 (7)(8) Each The area agency on aging board shall, in
47 consultation with the secretary, appoint a chief executive
48 officer, hereafter referred to as the “executive director,” to
49 whom shall be delegated responsibility for agency management and
50 for implementation of board policy, and who shall be accountable
51 for the agency’s performance.
52 (8)(9) Area agencies on aging are subject to chapter 119,
53 relating to public records, and, when considering any contracts
54 requiring the expenditure of funds, are subject to ss. 286.011
55 286.012, relating to public meetings.
56 Section 2. Subsection (9) of section 430.203, Florida
57 Statutes, is amended to read:
58 430.203 Community care for the elderly; definitions.—As
59 used in ss. 430.201-430.207, the term:
60 (9) “Lead agency” means an agency designated at least once
61 every 6 3 years by an area agency on aging pursuant to as the
62 result of a request for proposal process to be in place no later
63 than the state fiscal year 1996-1997.
64 (a) The guidelines for the request for proposal shall must
65 be developed by the department in consultation with the area
66 agencies on aging and. Such guidelines must include requirements
67 for the assurance of quality and cost-efficiency of services,
68 minimum personnel standards, and employee benefits. The Division
69 of Administrative Hearings does not have jurisdiction to
70 consider disputes relating to a request for proposals or the
71 awarding of a contract pursuant to a request for proposals under
72 this subsection.
73 (b) The area agency on aging, in consultation with the
74 department, shall exempt from the competitive bid process any
75 contract with a provider who meets or exceeds established
76 minimum standards, as determined by the department.
77 (b)(c) In each community care service system, the lead
78 agency must be given the authority and responsibility to
79 coordinate some or all of the services, either directly or
80 through subcontracts, for functionally impaired elderly persons.
81 These services must include case management, homemaker and chore
82 services, respite care, adult day care, personal care services,
83 home-delivered meals, counseling, information and referral, and
84 emergency home repair services. The lead agency shall must
85 compile community care statistics and monitor, when applicable,
86 subcontracts with agencies providing core services.
87 Section 3. Subsection (7) of section 430.2053, Florida
88 Statutes, is amended to read:
89 430.2053 Aging resource centers.—
90 (7) The aging resource center shall have a governing body
91 which shall be the same entity described in s. 20.41(6) s.
92 20.41(7), and an executive director who may be the same person
93 as described in s. 20.41(7) s. 20.41(8). The governing body
94 shall annually evaluate the performance of the executive
95 director.
96 Section 4. This act shall take effect upon becoming a law.