Florida Senate - 2009                       CS for CS for SB 770
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Children, Families, and Elder Affairs; and Senator Fasano
       
       
       
       585-03957-09                                           2009770c2
    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; designating area
    6         agencies on aging as nongovernmental not-for-profit
    7         corporations; amending s. 430.203, F.S.; extending the
    8         period of designation as a lead agency; requiring that
    9         each area agency on aging, rather than the department,
   10         develop request for proposals for a community care for
   11         the elderly lead agency; providing for the development
   12         of a dispute resolution mechanism relating to the
   13         request-for-proposal process developed by the area
   14         agencies; amending s. 430.2053, F.S.; conforming
   15         cross-references; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsections (6), (7), (8), and (9) of section
   20  20.41, Florida Statutes, are amended to read:
   21         20.41 Department of Elderly Affairs.—There is created a
   22  Department of Elderly Affairs.
   23         (6) In accordance with the federal Older Americans Act of
   24  1965, as amended, the department shall designate and contract
   25  with area agencies on aging in each of the department’s planning
   26  and service areas to carry out programmatic and funding
   27  requirements. Area agencies on aging, as nongovernmental,
   28  independent, not-for-profit corporations under s. 501(c)(3) of
   29  the Internal Revenue Code, shall ensure the a coordinated and
   30  integrated provision of long-term care services to the elderly
   31  and shall ensure the provision of prevention and early
   32  intervention services. The department shall have overall
   33  responsibility for information system planning. The department
   34  shall ensure, through the development of equipment, software,
   35  data, and connectivity standards, the ability to share and
   36  integrate information collected and reported by the area
   37  agencies in support of their contracted obligations to the
   38  state.
   39         (7)The department shall contract with the governing body,
   40  hereafter referred to as the “board,” of an area agency on aging
   41  to fulfill programmatic and funding requirements. The board
   42  shall be responsible for the overall direction of the agency’s
   43  programs and services and shall ensure that the agency is
   44  administered in accordance with the terms of its contract with
   45  the department, legal requirements, established agency policy,
   46  and effective management principles. The board shall also ensure
   47  the accountability of the agency to the local communities
   48  included in the planning and service area of the agency.
   49         (7)(8)Each The area agency on aging board shall, in
   50  consultation with the secretary, appoint a chief executive
   51  officer, hereafter referred to as the “executive director,” to
   52  whom shall be delegated responsibility for agency management and
   53  for implementation of board policy, and who shall be accountable
   54  for the agency’s performance.
   55         (8)(9) Area agencies on aging are subject to chapter 119,
   56  relating to public records, and, when considering any contracts
   57  requiring the expenditure of funds, are subject to ss. 286.011
   58  286.012, relating to public meetings.
   59         Section 2. Subsection (9) of section 430.203, Florida
   60  Statutes, is amended to read:
   61         430.203 Community care for the elderly; definitions.—As
   62  used in ss. 430.201-430.207, the term:
   63         (9) “Lead agency” means an agency designated at least once
   64  every 6 3 years by an area agency on aging pursuant to as the
   65  result of a request for proposal process to be in place no later
   66  than the state fiscal year 1996-1997.
   67         (a) The guidelines for the request for proposal shall must
   68  be developed by the department in consultation with the area
   69  agencies on aging and. Such guidelines must include requirements
   70  for the assurance of quality and cost-efficiency of services,
   71  minimum personnel standards, and employee benefits. The area
   72  agencies on aging shall develop and include in the request for
   73  proposals a dispute resolution mechanism that is an alternative
   74  to judicial or administrative litigation.
   75         (b)The area agency on aging, in consultation with the
   76  department, shall exempt from the competitive bid process any
   77  contract with a provider who meets or exceeds established
   78  minimum standards, as determined by the department.
   79         (b)(c) In each community care service system, the lead
   80  agency must be given the authority and responsibility to
   81  coordinate some or all of the services, either directly or
   82  through subcontracts, for functionally impaired elderly persons.
   83  These services must include case management, homemaker and chore
   84  services, respite care, adult day care, personal care services,
   85  home-delivered meals, counseling, information and referral, and
   86  emergency home repair services. The lead agency shall must
   87  compile community care statistics and monitor, when applicable,
   88  subcontracts with agencies providing core services.
   89         Section 3. Subsection (7) of section 430.2053, Florida
   90  Statutes, is amended to read:
   91         430.2053 Aging resource centers.—
   92         (7) The aging resource center shall have a governing body
   93  which shall be the same entity described in s. 20.41(6) s.
   94  20.41(7), and an executive director who may be the same person
   95  as described in s. 20.41(7) s. 20.41(8). The governing body
   96  shall annually evaluate the performance of the executive
   97  director.
   98         Section 4. This act shall take effect upon becoming a law.