The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

DEPARTMENT OF ELDER AFFAIRS
Federal Aging Programs

RULE NO.: RULE TITLE:
58A-1.002: Department Duties Under the Older Americans Act
58A-1.003: Department Assistance to the Advisory Council
58A-1.004: Responsibilities of the Department of Elder Affairs as the State Unit on Aging
58A-1.005: Designation of Area Agencies on Aging
58A-1.0051: Procedures for Rescinding Designation of an Area Agency on Aging.
58A-1.006: The Area Agency on Aging's Area Plan
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: These rules are being repealed as the specific requirements of these rules substantially restate portions of Chapter 430, Florida Statutes, the Older Americans Act, 42 U.S.C. § 3001 et seq., and various contractual provisions between the Department and Area Agencies on Aging, and are therefore, duplicative.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
STATEMENT REGARDING LEGISLATIVE RATIFICATION: The repeal of this rule is not expected to require legislative ratification pursuant to Section 120.541(3)(a)1., F.S., as there will be no impact on economic growth, job creation or employment, private-sector investment, or business competitiveness and no increase in regulatory costs.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 430.08 FS.
LAW IMPLEMENTED: 20.41, 430.03, 430.04, 430.05, 430.101 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: September 8, 2011, 9:00 a.m. – 12:00 Noon
PLACE: Department of Elder Affairs, 4040 Esplanade Way, Conference Room 309, Tallahassee, FL 32399-7000
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan E. Rice, Asst. General Counsel, Department of Elder Affairs, Office of the General Counsel, 4040 Esplanade Way, Suite 315, Tallahassee, FL 32399-7000, Telephone number: [phone], Email address: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

58A-1.002 Department Duties Under the Older Americans Act.

(1) The Department of Elder Affairs is designated in Sections 20.41(5), 430.03(7) and 430.04(1), F.S., as the state agency to administer all programs made available to Florida under the Federal Older Americans Act. The department shall administer these programs in accordance with Title 45, Chapter 13, Code of Federal Regulations and policy guidance issuances from the Administration on Aging within the U.S. Department of Health and Human Services.

(2) Federal regulations governing grants for state and community programs on aging as published in the Federal Register, are applicable to all recipients of grants and contracts funded by the Older Americans Act, including the department, area agencies on aging and service providers. These Florida administrative rules are intended to complement and clarify requirements, procedures and departmental policies applicable to the Older Americans Act program.

Rulemaking Specific Authority 430.08 FS. Law Implemented 20.41, 430.03, 430.04, 430.101 FS. History–New 12-23-81, Formerly 10A-11.02, 10A-11.002, Amended 3-28-95, 9-24-08, Repealed________.

 

58A-1.003 Department Assistance to the Advisory Council.

(1) The department must provide staff support to assist the Department of Elder Affairs Advisory Council established by Section 430.05, F.S. Members of that council, entitled by law to reimbursement for travel and per diem expenses, shall submit their expense vouchers and related documentation according to Section 112.061, F.S.

(2) Staff support for the council and members of the department are prohibited from imposing any control direction, or supervision upon the council.

Rulemaking Specific Authority 430.08 FS. Law Implemented 430.05 FS. History–New 12-23-81, Formerly 10A-11.03, 10A-11.003, Amended 3-28-95, 9-24-08, Repealed________.

 

58A-1.004 Responsibilities of the Department of Elder Affairs as the State Unit on Aging.

(1) The Department of Elder Affairs is the State Unit on Aging. The department has authority and responsibility to plan, develop, and administer policy on programs for older persons and to provide a visible focal point for advocacy, coordination, priority setting, monitoring and evaluation of programs for older persons within the state. To fulfill its responsibilities, the department shall:

(a) Develop a state plan as required in Section 305 of the Older Americans Act;

(b) Administer the state plan within the state;

(c) Review and comment on all state plans, budgets, and policies which affect older persons;

(d) Conduct public hearings on the needs of older persons in order to receive information and maximize visibility of important issues;

(e) Provide adequate and effective opportunities for older persons, who are recipients of supportive or nutrition services or who use multipurpose senior centers, to express their views on policy development and program implementation under the state plan on aging;

(f) Evaluate, with the assistance of the AAAs, the need for social and nutrition services for older persons and determine the extent to which other public and private programs meet those needs;

(g) Ensure, in conjunction with the AAAs, preference is given to older persons with greatest economic or social need, with particular emphasis on low income minorities in the delivery of service;

(h) Render, in conjunction with the AAAs, technical assistance to contractors and volunteers;

(i) Advise the Governor, and key designated legislators, regarding the need for and location of programs related to aging, as stipulated in Section 430.04, F.S.;

(j) Develop, in consultation with the AAAs, and publish for review and comment, a formula for funds distribution which addresses those most in need of services and submit such formula to the Administration on Aging for approval;

(k) Require outreach efforts;

(l) Set specific objectives for each planning and service area for providing services funded under this title to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas;

(m) Undertake specific program development, advocacy, and outreach efforts focused on the needs of low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas; and

(n) Provide a description of the efforts described above in paragraphs (d), (e), and (f) of this subsection that will be undertaken by the state agency.

(2) The department is responsible for dividing the state into planning and service areas (PSAs).

(3) The department is responsible for the designation of the area agency on aging for each PSA in accordance with Title III, Section 305 of the Older Americans Act.

(4) The department must develop, promulgate and revise, as necessary, a uniform format for the area agency on aging’s area plan as prescribed in its contract with the AAA.

(5) The department must coordinate the development of programs and services under Titles III, V, and VII of the Older Americans Act, and establish policy, standards and procedures for those programs and services that are included in contracts between the department and the AAAs.

(6) The department must ensure that supplemental funding under the Nutrition Services Incentive Program of the Older Americans Act and available U.S. Department of Agriculture food, cash or a combination of food and cash is made available to nutrition service providers funded under the area plan.

(7) The department must coordinate the development of legal services for older individuals.

(8) For the purpose of acquiring programmatic and fiscal information for federal and state data and analysis, the department must establish reporting requirements for area agencies on aging and service providers under their respective contracts with the contractor.

Rulemaking Specific Authority 430.08 FS. Law Implemented 20.41, 430.03, 430.04, 430.101 FS. History–New 12-23-81, Formerly 10A-11.04, 10A-11.004, Amended 3-28-95, 9-24-08, Repealed________.

 

58A-1.005 Designation of Area Agencies on Aging.

(1) An area agency on aging must be designated in each planning and service area. Of the eligible applying entities, as defined by Section 305 of the Older Americans Act, the department shall select the one which demonstrates by virtue of location, office, staff, experience and community resources, it is best able to discharge the duties of an area agency on aging established by this rule.

(2) Actual designation occurs upon acceptance of the area agency’s area plan and formal execution of the associated contract.

(3) The designated area agency on aging is responsible for administration of Older Americans Act programs in its planning and service area.

(4) In addition to the circumstances outlined in Section 430.04(2), F.S., the department shall rescind an area agency’s designation in accordance with Section 305(b)(5)(c) of the Older Americans Act as amended, whenever, after reasonable notice and opportunity for a hearing, it is determined that:

(a) An area agency does not meet the requirements of 45 CFR 1321 and Section 305 of the Older Americans Act, as amended; or

(b) An area plan including amendments is not approved by the department after reasonable opportunity to comply; or

(c) There is substantial failure in the provisions or administration of an approved plan to comply with provisions of Section 306 of the Older Americans Act of 1965, as amended in 2006, the applicable federal regulations, state statutes, or administrative rules or the contract between the department and the AAA.

Rulemaking Specific Authority 430.08 FS. Law Implemented 20.41, 430.03, 430.04 FS. History–New 12-23-81, Formerly 10A-11.05, 10A-11.005, Amended 3-28-95, 9-24-08, Repealed________.

 

58A-1.0051 Procedures for Rescinding Designation of an Area Agency on Aging.

Pursuant to Section 430.04, F.S., the department has the authority to rescind designation of an area agency on aging under specified conditions as cited in subsection 58A-1.005(4), F.A.C. The department must include these procedures in its contract with the AAA.

Rulemaking Specific Authority 430.08 FS. Law Implemented 430.04 FS. History–New 9-24-08, Repealed________.

 

58A-1.006 The Area Agency on Aging’s Area Plan.

(1) An eligible agency or organization desiring to apply for redesignation or initial designation as an area agency on aging must submit an area plan to the Secretary of the Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000.

(2) Preparation and submission of a formal area plan must be in accordance with the prescribed area plan format as determined by the requirements of the Older Americans Act, as amended, for entities desiring initial designation or redesignation, and the contract between the department and the AAA for entities desiring redesignation.

(3) Subject to the availability of federal and state funds and budget authority, the department will contract with the area agency on aging based on the approved area plan.

Rulemaking Specific Authority 430.08 FS. Law Implemented 20.41, 430.03, 430.04 FS. History–New 12-23-81, Formerly 10A-11.06, 10A-11.006, Amended 3-28-95, 10-30-05, 9-24-08, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Susan E. Rice, Asst. General Counsel
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles T. Corley, Interim Secretary, Department of Elder Affairs
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 20, 2011