Florida Senate - 2018                                     SB 500
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-00698-18                                            2018500__
    1                        A bill to be entitled                      
    2         An act relating to senior advocates; creating s.
    3         744.2113, F.S.; establishing the Senior Advocate
    4         Program in the Office of Public and Professional
    5         Guardians within the Department of Elderly Affairs;
    6         providing the purpose of the program; specifying
    7         persons and entities that senior advocates may
    8         collaborate with in order to resolve concerns
    9         regarding vulnerable seniors and improve their quality
   10         of life; authorizing the department secretary to
   11         appoint senior advocates to advocate for certain
   12         seniors; providing requirements for senior advocates;
   13         requiring the department to recruit and train senior
   14         advocates in each of the department’s service areas;
   15         requiring agencies to allow the senior advocate to
   16         inspect and copy records related to the senior;
   17         requiring the senior advocate to maintain the
   18         confidential or exempt status of any records shared by
   19         an agency; authorizing a person or certain
   20         organizations to allow the senior advocate to inspect
   21         and copy any records related to the best interests of
   22         the senior; specifying the records that are included
   23         within the definition of the term “records related to
   24         the best interests of the senior”; authorizing a
   25         senior advocate to enter any long-term care facility
   26         without notice or first obtaining a warrant; providing
   27         an appropriation, positions, and salary rate to the
   28         department to implement the program; providing an
   29         effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 744.2113, Florida Statutes, is created
   34  to read:
   35         744.2113 Senior Advocate Program.—
   36         (1) The Senior Advocate Program is established in the
   37  Office of Public and Professional Guardians within the
   38  Department of Elderly Affairs. The purpose of the program is
   39  intended to strengthen and secure the legal rights, dignity,
   40  autonomy, quality of life, and quality of care of vulnerable
   41  seniors by providing volunteer advocates for vulnerable seniors
   42  age 60 years and older.
   43         (2) In order to resolve concerns regarding vulnerable
   44  seniors and improve their quality of life, senior advocates may
   45  collaborate with family members of vulnerable seniors, local
   46  social and health care service providers, behavioral health care
   47  providers, legal aid organizations, long-term care ombudsmen,
   48  religious organizations, food banks, area agencies on aging,
   49  appropriate state agencies, local and state law enforcement
   50  agencies, and others.
   51         (3) The secretary of the department may appoint senior
   52  advocates to advocate for seniors residing in the community and
   53  in mental health and health care facilities.
   54         (a) Senior advocates must be 18 years of age or older and
   55  meet background screening requirements pursuant to s. 430.0402
   56  and chapter 435 and must receive training from the department
   57  before working with seniors.
   58         (b) The department shall recruit and train senior advocates
   59  in each service area.
   60         (c) An agency, as defined in s. 119.011, shall allow a
   61  senior advocate to inspect and copy records related to the
   62  senior, including, but not limited to, records made confidential
   63  or exempt from s. 119.07(1) or s. 24(a), Art. I of the State
   64  Constitution. A senior advocate shall maintain the confidential
   65  or exempt status of any records shared by an agency under this
   66  paragraph.
   67         (d) A person or organization other than an agency shall
   68  allow a senior advocate to inspect and copy any records related
   69  to the best interests of the senior. For the purposes of this
   70  paragraph, the term “records related to the best interests of
   71  the senior” includes, but is not limited to, medical, mental
   72  health, substance abuse, law enforcement, court, social
   73  services, and financial records.
   74         (4) In performing the duties specified in this section, a
   75  senior advocate may enter a long-term care facility without
   76  notice and without first obtaining a warrant.
   77         Section 2. For the 2018-2019 fiscal year, the sums of
   78  $660,000 in recurring funds and $13,200 in nonrecurring funds
   79  are appropriated from the General Revenue Fund to the Department
   80  of Elderly Affairs, and 11 full-time positions are established
   81  in the Department of Elderly Affairs with an associated salary
   82  rate of 486,420, for the purpose of implementing this act.
   83         Section 3. This act shall take effect July 1, 2018.