Florida Senate - 2006           CONFERENCE COMMITTEE AMENDMENT
    Bill No. CS for SB 394
                        Barcode 100096
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: AD/2R            .                    
       05/05/2006 05:30 PM         .                    
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11  The Conference Committee on CS for SB 394 recommended the
12  following amendment:
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14         Conference Committee Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (i) is added to subsection (2) of
19  section 216.181, Florida Statutes, to read:
20         216.181  Approved budgets for operations and fixed
21  capital outlay.--
22         (2)  Amendments to the original approved operating
23  budgets for operational and fixed capital outlay expenditures
24  must comply with the following guidelines in order to be
25  approved by the Governor and the Legislative Budget Commission
26  for the executive branch and the Chief Justice and the
27  Legislative Budget Commission for the judicial branch:
28         (i)  Notwithstanding paragraph (f), the Agency for
29  Persons with Disabilities is authorized to submit an amendment
30  to adjust its full-time equivalent positions, salary rate, and
31  related budget authority to provide sufficient infrastructure
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Florida Senate - 2006 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 394 Barcode 100096 1 and administrative support. This paragraph expires July 1, 2 2007. 3 Section 2. Subsection (4) of section 393.0661, Florida 4 Statutes, is amended, and subsection (5) is added to that 5 section, to read: 6 393.0661 Home and community-based services delivery 7 system; comprehensive redesign.--The Legislature finds that 8 the home and community-based services delivery system for 9 persons with developmental disabilities and the availability 10 of appropriated funds are two of the critical elements in 11 making services available. Therefore, it is the intent of the 12 Legislature that the Agency for Persons with Disabilities 13 shall develop and implement a comprehensive redesign of the 14 system. 15 (4) Nothing in this section or in any administrative 16 rule shall be construed to prevent or limit the Agency for 17 Health Care Administration, in consultation with the Agency 18 for Persons with Disabilities, from adjusting fees, 19 reimbursement rates, lengths of stay, number of visits, or 20 number of services, or from limiting enrollment, or making any 21 other adjustment necessary to comply with the availability of 22 moneys and any limitations or directions provided for in the 23 General Appropriations Act. If at any time, based upon an 24 analysis by the Agency for Health Care Administration in 25 consultation with the Agency for Persons with Disabilities, 26 the cost of home and community-based waiver services are 27 expected to exceed the appropriated amount, the Agency for 28 Health Care Administration may implement any adjustment, 29 including provider rate reductions, within 30 days in order to 30 remain within the appropriation. 31 (5) The Agency for Persons with Disabilities shall 2 8:50 PM 05/03/06 c0394c1d-01
Florida Senate - 2006 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 394 Barcode 100096 1 submit quarterly status reports to the Executive Office of the 2 Governor, the chair of the Senate Ways and Means Committee or 3 its successor, and the chair of the House Fiscal Council or 4 its successor regarding the financial status of home and 5 community-based services, including the number of enrolled 6 individuals who are receiving services through one or more 7 programs; the number of individuals who have requested 8 services who are not enrolled but who are receiving services 9 through one or more programs, with a description indicating 10 the programs from which the individual is receiving services; 11 the number of individuals who have refused an offer of 12 services but who choose to remain on the list of individuals 13 waiting for services; the number of individuals who have 14 requested services but who are receiving no services; a 15 frequency distribution indicating the length of time 16 individuals have been waiting for services; and information 17 concerning the actual and projected costs compared to the 18 amount of the appropriation available to the program and any 19 projected surpluses or deficits. If at any time an analysis by 20 the agency, in consultation with the Agency for Health Care 21 Administration, indicates that the cost of services is 22 expected to exceed the amount appropriated, the agency shall 23 submit a plan in accordance with subsection (4) to the 24 Executive Office of the Governor, the chair of Senate Ways and 25 Means Committee or its successor, and the chair of the House 26 Fiscal Council or its successor to remain within the amount 27 appropriated. 28 Section 3. Paragraphs (a), (j), and (k) of subsection 29 (4) of section 409.221, Florida Statutes, are amended to read: 30 409.221 Consumer-directed care program.-- 31 (4) CONSUMER-DIRECTED CARE.-- 3 8:50 PM 05/03/06 c0394c1d-01
Florida Senate - 2006 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 394 Barcode 100096 1 (a) Program established.--The Agency for Health Care 2 Administration shall establish the consumer-directed care 3 program which shall be based on the principles of consumer 4 choice and control. The agency shall implement the program 5 upon federal approval. The agency shall establish interagency 6 cooperative agreements with and shall work with the 7 Departments of Elderly Affairs, Health, and Children and 8 Family Services and the Agency for Persons with Disabilities 9 to implement and administer the program. The program shall 10 allow enrolled persons to choose the providers of services and 11 to direct the delivery of services, to best meet their 12 long-term care needs. The program must operate within the 13 funds appropriated by the Legislature. 14 (j) Rules; federal waivers.--In order to implement 15 this section: 16 1. The agency and the Departments of Elderly Affairs, 17 Health, and Children and Family Services and the Agency for 18 Persons with Disabilities are authorized to adopt and enforce 19 rules. 20 2. The agency shall take all necessary action to 21 ensure state compliance with federal regulations. The agency 22 shall apply for any necessary federal waivers or waiver 23 amendments needed to implement the program. 24 (k) Reviews and reports.--The agency and the 25 Departments of Elderly Affairs, Health, and Children and 26 Family Services and the Agency for Persons with Disabilities 27 shall each, on an ongoing basis, review and assess the 28 implementation of the consumer-directed care program. By 29 January 15 of each year, the agency shall submit a written 30 report to the Legislature that includes each department's 31 review of the program and contains recommendations for 4 8:50 PM 05/03/06 c0394c1d-01
Florida Senate - 2006 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 394 Barcode 100096 1 improvements to the program. 2 Section 4. Paragraph (d) of subsection (15) of section 3 440.02, Florida Statutes, is amended to read: 4 440.02 Definitions.--When used in this chapter, unless 5 the context clearly requires otherwise, the following terms 6 shall have the following meanings: 7 (15) 8 (d) "Employee" does not include: 9 1. An independent contractor who is not engaged in the 10 construction industry. 11 a. In order to meet the definition of independent 12 contractor, at least four of the following criteria must be 13 met: 14 (I) The independent contractor maintains a separate 15 business with his or her own work facility, truck, equipment, 16 materials, or similar accommodations; 17 (II) The independent contractor holds or has applied 18 for a federal employer identification number, unless the 19 independent contractor is a sole proprietor who is not 20 required to obtain a federal employer identification number 21 under state or federal regulations; 22 (III) The independent contractor receives compensation 23 for services rendered or work performed and such compensation 24 is paid to a business rather than to an individual; 25 (IV) The independent contractor holds one or more bank 26 accounts in the name of the business entity for purposes of 27 paying business expenses or other expenses related to services 28 rendered or work performed for compensation; 29 (V) The independent contractor performs work or is 30 able to perform work for any entity in addition to or besides 31 the employer at his or her own election without the necessity 5 8:50 PM 05/03/06 c0394c1d-01
Florida Senate - 2006 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 394 Barcode 100096 1 of completing an employment application or process; or 2 (VI) The independent contractor receives compensation 3 for work or services rendered on a competitive-bid basis or 4 completion of a task or a set of tasks as defined by a 5 contractual agreement, unless such contractual agreement 6 expressly states that an employment relationship exists. 7 b. If four of the criteria listed in sub-subparagraph 8 a. do not exist, an individual may still be presumed to be an 9 independent contractor and not an employee based on full 10 consideration of the nature of the individual situation with 11 regard to satisfying any of the following conditions: 12 (I) The independent contractor performs or agrees to 13 perform specific services or work for a specific amount of 14 money and controls the means of performing the services or 15 work. 16 (II) The independent contractor incurs the principal 17 expenses related to the service or work that he or she 18 performs or agrees to perform. 19 (III) The independent contractor is responsible for 20 the satisfactory completion of the work or services that he or 21 she performs or agrees to perform. 22 (IV) The independent contractor receives compensation 23 for work or services performed for a commission or on a 24 per-job basis and not on any other basis. 25 (V) The independent contractor may realize a profit or 26 suffer a loss in connection with performing work or services. 27 (VI) The independent contractor has continuing or 28 recurring business liabilities or obligations. 29 (VII) The success or failure of the independent 30 contractor's business depends on the relationship of business 31 receipts to expenditures. 6 8:50 PM 05/03/06 c0394c1d-01
Florida Senate - 2006 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 394 Barcode 100096 1 c. Notwithstanding anything to the contrary in this 2 subparagraph, an individual claiming to be an independent 3 contractor has the burden of proving that he or she is an 4 independent contractor for purposes of this chapter. 5 2. A real estate licensee, if that person agrees, in 6 writing, to perform for remuneration solely by way of 7 commission. 8 3. Bands, orchestras, and musical and theatrical 9 performers, including disk jockeys, performing in licensed 10 premises as defined in chapter 562, if a written contract 11 evidencing an independent contractor relationship is entered 12 into before the commencement of such entertainment. 13 4. An owner-operator of a motor vehicle who transports 14 property under a written contract with a motor carrier which 15 evidences a relationship by which the owner-operator assumes 16 the responsibility of an employer for the performance of the 17 contract, if the owner-operator is required to furnish motor 18 vehicle equipment as identified in the written contract and 19 the principal costs incidental to the performance of the 20 contract, including, but not limited to, fuel and repairs, 21 provided a motor carrier's advance of costs to the 22 owner-operator when a written contract evidences the 23 owner-operator's obligation to reimburse such advance shall be 24 treated as the owner-operator furnishing such cost and the 25 owner-operator is not paid by the hour or on some other 26 time-measured basis. 27 5. A person whose employment is both casual and not in 28 the course of the trade, business, profession, or occupation 29 of the employer. 30 6. A volunteer, except a volunteer worker for the 31 state or a county, municipality, or other governmental entity. 7 8:50 PM 05/03/06 c0394c1d-01
Florida Senate - 2006 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 394 Barcode 100096 1 A person who does not receive monetary remuneration for 2 services is presumed to be a volunteer unless there is 3 substantial evidence that a valuable consideration was 4 intended by both employer and employee. For purposes of this 5 chapter, the term "volunteer" includes, but is not limited to: 6 a. Persons who serve in private nonprofit agencies and 7 who receive no compensation other than expenses in an amount 8 less than or equivalent to the standard mileage and per diem 9 expenses provided to salaried employees in the same agency or, 10 if such agency does not have salaried employees who receive 11 mileage and per diem, then such volunteers who receive no 12 compensation other than expenses in an amount less than or 13 equivalent to the customary mileage and per diem paid to 14 salaried workers in the community as determined by the 15 department; and 16 b. Volunteers participating in federal programs 17 established under Pub. L. No. 93-113. 18 7. Unless otherwise prohibited by this chapter, any 19 officer of a corporation who elects to be exempt from this 20 chapter. Such officer is not an employee for any reason under 21 this chapter until the notice of revocation of election filed 22 pursuant to s. 440.05 is effective. 23 8. An officer of a corporation that is engaged in the 24 construction industry who elects to be exempt from the 25 provisions of this chapter, as otherwise permitted by this 26 chapter. Such officer is not an employee for any reason until 27 the notice of revocation of election filed pursuant to s. 28 440.05 is effective. 29 9. An exercise rider who does not work for a single 30 horse farm or breeder, and who is compensated for riding on a 31 case-by-case basis, provided a written contract is entered 8 8:50 PM 05/03/06 c0394c1d-01
Florida Senate - 2006 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 394 Barcode 100096 1 into prior to the commencement of such activity which 2 evidences that an employee/employer relationship does not 3 exist. 4 10. A taxicab, limousine, or other passenger 5 vehicle-for-hire driver who operates said vehicles pursuant to 6 a written agreement with a company which provides any 7 dispatch, marketing, insurance, communications, or other 8 services under which the driver and any fees or charges paid 9 by the driver to the company for such services are not 10 conditioned upon, or expressed as a proportion of, fare 11 revenues. 12 11. A person who performs services as a sports 13 official for an entity sponsoring an interscholastic sports 14 event or for a public entity or private, nonprofit 15 organization that sponsors an amateur sports event. For 16 purposes of this subparagraph, such a person is an independent 17 contractor. For purposes of this subparagraph, the term 18 "sports official" means any person who is a neutral 19 participant in a sports event, including, but not limited to, 20 umpires, referees, judges, linespersons, scorekeepers, or 21 timekeepers. This subparagraph does not apply to any person 22 employed by a district school board who serves as a sports 23 official as required by the employing school board or who 24 serves as a sports official as part of his or her 25 responsibilities during normal school hours. 26 12. Medicaid-enrolled clients under chapter 393 who 27 are excluded from the definition of employment under s. 28 443.1216(4)(d) and served by Adult Day Training Services under 29 the Home and Community-Based or the Family and Supported 30 Living Medicaid Waiver program in a sheltered workshop setting 31 licensed by the United States Department of Labor for the 9 8:50 PM 05/03/06 c0394c1d-01
Florida Senate - 2006 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 394 Barcode 100096 1 purpose of training and earning less than the federal hourly 2 minimum wage. 3 13. Medicaid-enrolled clients under chapter 393 who 4 are excluded from the definition of employment under s. 5 443.1216(4)(d) and served by Adult Day Training Services under 6 the Family and Supported Living Medicaid Waiver program in a 7 sheltered workshop setting licensed by the United States 8 Department of Labor for the purpose of training and earning 9 less than the federal hourly minimum wage. This subparagraph 10 expires July 1, 2006. 11 Section 5. This act shall take effect upon becoming a 12 law. 13 14 15 ================ T I T L E A M E N D M E N T =============== 16 And the title is amended as follows: 17 Delete everything before the enacting clause 18 19 and insert: 20 A bill to be entitled 21 An act relating to social services; amending s. 22 216.181, F.S.; authorizing the Agency for 23 Persons with Disabilities to submit an 24 amendment to its original approved operating 25 budget for certain purposes; providing for 26 future repeal; amending s. 393.0661, F.S.; 27 deleting provisions requiring the Agency for 28 Health Care Administration to make certain 29 adjustments with respect to home and 30 community-based services; requiring that the 31 Agency for Persons with Disabilities report 10 8:50 PM 05/03/06 c0394c1d-01
Florida Senate - 2006 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 394 Barcode 100096 1 quarterly to the Governor and Legislature the 2 financial status of home and community-based 3 services provided under a federally approved 4 waiver; specifying contents of the reports; 5 requiring that the agency, in consultation with 6 the Agency for Health Care Administration, 7 submit a plan to the Legislative Budget 8 Commission for approval of adjustments to the 9 rates for such services in order to remain 10 within the amount appropriated; amending s. 11 409.221, F.S., relating to the 12 consumer-directed care program; providing that 13 the interagency cooperative agreements 14 established by the Agency for Health Care 15 Administration shall include the Agency for 16 Persons with Disabilities; authorizing the 17 Agency for Persons with Disabilities to adopt 18 and enforce certain rules, review and assess 19 implementation of the program, and submit a 20 report to the Legislature; amending s. 440.02, 21 F.S.; deleting provisions providing for the 22 expiration of an exemption from coverage under 23 workers' compensation law for certain clients 24 enrolled in the Medicaid program who are served 25 by Adult Day Training Services; providing an 26 effective date. 27 28 29 30 31 11 8:50 PM 05/03/06 c0394c1d-01