Florida Statute 20.41 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IV
EXECUTIVE BRANCH

Chapter 20
ORGANIZATIONAL STRUCTURE

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F.S. 20.41

20.41 Department of Elderly Affairs.—There is created a Department of Elderly Affairs.

(1) The head of the department is the Secretary of Elderly Affairs. The secretary must be appointed by the Governor, subject to confirmation by the Senate. The secretary serves at the pleasure of the Governor. The secretary shall administer the affairs of the department and may employ assistants, professional staff, and other employees as necessary to discharge the powers and duties of the department.

(2) The department shall plan and administer its programs and services through planning and service areas as designated by the department.

(3) The department shall maintain its headquarters in Tallahassee.

(4) The department shall administer the State Long-Term Care Ombudsman Program, created by s. 400.0063, and shall, as required by s. 712 of the federal Older Americans Act of 1965, ensure that the State Long-Term Care Ombudsman Program operates in compliance with the Older Americans Act.

(5) The department shall be the state unit on aging as defined in the federal Older Americans Act of 1965, as amended, and shall exercise all responsibilities pursuant to that act.

(6) In accordance with the federal Older Americans Act of 1965, as amended, the department shall designate and contract with area agencies on aging in each of the department’s planning and service areas. Area agencies on aging, as nongovernmental, independent, not-for-profit corporations under s. 501(c)(3) of the Internal Revenue Code, shall ensure a coordinated and integrated provision of long-term care services to the elderly and shall ensure the provision of prevention and early intervention services. The department shall have overall responsibility for information system planning. The department shall ensure, through the development of equipment, software, data, and connectivity standards, the ability to share and integrate information collected and reported by the area agencies in support of their contracted obligations to the state. The department shall contract with area agencies on aging to fulfill programmatic and funding requirements.

(7) The area agency on aging shall, in consultation with the secretary, appoint a chief executive officer, hereafter referred to as the “executive director,” who shall be accountable for the agency’s performance.

(8) Area agencies on aging are subject to chapter 119, relating to public records, and, when considering any contracts requiring the expenditure of funds, are subject to ss. 286.011-286.012, relating to public meetings.

(9) Upon request, the department shall provide the Agency for Health Care Administration with any documents and information needed for the agency’s regulation of hospices, assisted living facilities, adult family-care homes, and adult day care centers.

History.—s. 1, ch. 91-115; s. 17, ch. 93-177; s. 13, ch. 94-235; s. 45, ch. 95-418; s. 30, ch. 97-286; s. 5, ch. 99-377; s. 15, ch. 99-393; s. 203, ch. 99-397; s. 119, ch. 2000-349; s. 39, ch. 2000-367; s. 9, ch. 2002-1; s. 19, ch. 2002-223; s. 1, ch. 2009-46; s. 19, ch. 2015-31; s. 2, ch. 2019-11.

F.S. 20.41 on Google Scholar

F.S. 20.41 on Casetext

Amendments to 20.41

Arrestable Offenses / Crimes under Fla. Stat. 20.41

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 20.41.

Annotations, Discussions, Cases:

Cases Citing Statute 20.41

Total Results: 10

UNITED AUTOMOBILE INSURANCE COMPANY, etc. v. PROFESSIONAL MEDICAL GROUP, INC., etc.

Court: District Court of Appeal of Florida | Date Filed: 2021-08-04

Snippet: Lower Tribunal Nos. 18-13348 SP, 20-41 AP ________________

PERFORMANCE AIR MECHANICAL, INC. v. MILLER CONSTRUCTION SERVICES, INC.

Court: District Court of Appeal of Florida | Date Filed: 2020-07-01

Snippet: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT PERFORMANCE AIR MECHANICAL, INC., Appellant, v. MILLER CONSTRUCTION SERVICES, INC., Appellee. No. 4D20-41 [July 1, 2020] Appeal of nonfinal order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County;

First Quality Home Care, Inc. v. Alliance for Aging, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2009-06-17

Citation: 14 So. 3d 1149, 2009 Fla. App. LEXIS 7605, 2009 WL 1675839

Snippet: Mae Volen relies on section 20.41(7), Florida Statutes (2007). Section 20.41 sets forth the organizational

Mae Volen Senior Center, Inc. v. AAA

Court: District Court of Appeal of Florida | Date Filed: 2008-02-13

Citation: 978 So. 2d 191

Snippet: contracts requiring the expenditure of public funds. § 20.41(9), Fla. Stat. (2007). Appellee AAA is responsible

WPB, LTD. v. Supran

Court: District Court of Appeal of Florida | Date Filed: 1998-08-12

Citation: 720 So. 2d 1091, 1998 WL 466706

Snippet: required Supran to post a security deposit of $20,041.66. As a result of negotiations, section 3 of the

PRACTICE MGT. ASSOC. v. Blickensderfer

Court: District Court of Appeal of Florida | Date Filed: 1993-11-17

Citation: 630 So. 2d 1147, 1993 WL 477696

Snippet: pursuant thereto; specifically, [S.D. Admin. R.] 20:41:09:10." We cannot agree with this conclusion. The

Ago

Court: Florida Attorney General Reports | Date Filed: 1992-08-17

Snippet: referred to as "long-term care facilities." 2 See, ss. 20.41(3) and 400.304(1), F.S.Compare, s. 400.304(4), F

Ago

Court: Florida Attorney General Reports | Date Filed: 1992-05-06

Snippet: commission, and the state courts system"; and see, s. 20.41, F.S., creating the Department of Elderly Affairs

DIV. OF ADMIN., STATE DEPT. OF TRANSP. v. Jirik

Court: District Court of Appeal of Florida | Date Filed: 1985-05-14

Citation: 471 So. 2d 549, 10 Fla. L. Weekly 1246

Snippet: (1896); Cox v. Mason City & Ft. D.R. Co., 77 Iowa 20, 41 N.W. 475 (1889); Mouledous; Public Water Supply

Crowell v. Skipper

Court: Supreme Court of Florida | Date Filed: 1856-01-15

Citation: 6 Fla. 580

Snippet: Georgia, for the sum of $143.64, principal, and $20.41, interest. lie afterwards brought suit on said judgment