Florida Senate - 2015                             CS for SB 1260
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Bean
       
       
       
       
       586-03406-15                                          20151260c1
    1                        A bill to be entitled                      
    2         An act relating to Florida Centers for Independent
    3         Living; amending s. 413.208, F.S.; providing that
    4         certain volunteers for centers for independent living
    5         do not have to undergo background screening; amending
    6         s. 413.402, F.S.; requiring that a specified agreement
    7         be maintained; renaming the James Patrick Memorial
    8         Work Incentive Personal Attendant Services Program as
    9         the James Patrick Memorial Work Incentive Personal
   10         Attendant Services and Employment Assistance Program;
   11         expanding the scope of, and support and services
   12         provided by, the program; defining a term; revising
   13         eligibility requirements; requiring the association,
   14         in consultation with the advisory group, to adopt and
   15         revise certain policies and procedures; replacing an
   16         existing oversight group with an advisory group;
   17         amending s. 413.4021, F.S.; revising the maximum
   18         amount of specified funds for each attorney which may
   19         be used to administer the personal attendant program
   20         and to contract with the state attorneys participating
   21         in the tax collection enforcement diversion program;
   22         amending s. 320.08068, F.S.; conforming a provision to
   23         changes made by the act; providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Paragraph (b) of subsection (2) of section
   28  413.208, Florida Statutes, is amended to read:
   29         413.208 Service providers; quality assurance; fitness for
   30  responsibilities; background screening.—
   31         (2)
   32         (b) Level 2 background screening pursuant to chapter 435 is
   33  not required for the following persons:
   34         1. A licensed physician, nurse, or other professional who
   35  is licensed by the Department of Health and who has undergone
   36  fingerprinting and background screening as part of such
   37  licensure if providing a service that is within the scope of her
   38  or his licensed practice.
   39         2. A relative of the vulnerable person receiving services.
   40  For purposes of this section, the term “relative” means an
   41  individual who is the father, mother, stepfather, stepmother,
   42  son, daughter, brother, sister, grandmother, grandfather, great
   43  grandmother, great-grandfather, grandson, granddaughter, uncle,
   44  aunt, first cousin, nephew, niece, husband, wife, father-in-law,
   45  mother-in-law, son-in-law, daughter-in-law, brother-in-law,
   46  sister-in-law, stepson, stepdaughter, stepbrother, stepsister,
   47  half-brother, or half-sister of the vulnerable person.
   48         3. A volunteer for a center for independent living
   49  designated in the state plan for independent living developed
   50  pursuant to Title VII(A) of the Rehabilitation Act of 1973, as
   51  amended, who assists on an intermittent basis for less than 10
   52  hours per month does not have to be screened if a provider’s
   53  employee is always present and has the volunteer within his or
   54  her line of sight.
   55         Section 2. Section 413.402, Florida Statutes, is amended to
   56  read:
   57         413.402 Personal care attendant and employment assistance
   58  program.—The Florida Endowment Foundation for Vocational
   59  Rehabilitation shall maintain enter into an agreement, no later
   60  than October 1, 2008, with the Florida Association of Centers
   61  for Independent Living to administer the James Patrick Memorial
   62  Work Incentive Personal Attendant Services and Employment
   63  Assistance Program. The program shall to provide personal care
   64  attendants and other support and services necessary to enable to
   65  persons eligible under subsection (2) who have severe and
   66  chronic disabilities of any kind to obtain or maintain
   67  competitive employment, including self-employment all kinds and
   68  who are eligible under subsection (1). Effective July 1, 2008,
   69  The Florida Association of Centers for Independent Living shall
   70  receive 12 percent of the funds paid to or on behalf of
   71  participants from funds to be deposited with the Florida
   72  Endowment Foundation for Vocational Rehabilitation pursuant to
   73  ss. 320.08068(4)(d) and 413.4021(1) to administer the program.
   74  For the purpose of ensuring continuity of services, a memorandum
   75  of understanding shall be executed between the parties to cover
   76  the period between July 1, 2008, and the execution of the final
   77  agreement.
   78         (1) As used in this section, the term “competitive
   79  employment” means employment in the public or private sector
   80  earning comparable wages and benefits, consistent with the
   81  person’s qualifications and experience, in comparable working
   82  conditions to those experienced by the general workforce in that
   83  industry or profession.
   84         (2)(1) In order to be eligible to participate in the
   85  program, a person must meet the following requirements:
   86         (a) Be at least 18 years of age, be a legal resident of
   87  this state, and be significantly and chronically disabled.;
   88         (b) As determined by a physician, psychologist, or
   89  psychiatrist, require a personal care attendant for assistance
   90  with or support for at least two activities of daily living as
   91  defined in s. 429.02., as determined by a physician,
   92  psychologist, or psychiatrist;
   93         (c) Require a personal care attendant and may require other
   94  support and services, in order to accept an offer of imminent
   95  employment, commence working, or a job or maintain competitive
   96  substantial gainful employment.; and
   97         (d) Be able to acquire and direct the support and services
   98  provided pursuant to this section, including the services of a
   99  personal care attendant.
  100         (3)(2)(a) The Florida Association of Centers for
  101  Independent Living shall provide training, as appropriate, to
  102  program participants on hiring and managing a personal care
  103  attendant and other self-advocacy skills needed to effectively
  104  access and manage the support and services provided under this
  105  section. and,
  106         (b) In consultation cooperation with the advisory group
  107  established in oversight group described in paragraph (c), the
  108  Florida Association of Centers for Independent Living shall (b),
  109  adopt and revise the policies and procedures governing the
  110  operation of the personal care attendant program and the
  111  training program required by paragraph (a).
  112         (c) An advisory group is established to make
  113  recommendations on the development and revision of policies and
  114  procedures related to the provision of services pursuant to this
  115  section. The membership of the advisory committee must
  116         (b) The oversight group shall include, but need not be
  117  limited to, a member of the Florida Association of Centers for
  118  Independent Living, a person who is participating in the
  119  program, and one representative each from the Department of
  120  Revenue, the Department of Children and Families, the Division
  121  of Vocational Rehabilitation in the Department of Education, the
  122  Medicaid program in the Agency for Health Care Administration,
  123  the Florida Endowment Foundation for Vocational Rehabilitation,
  124  and the Brain and Spinal Cord Injury Program in the Department
  125  of Health.
  126         Section 3. Subsection (1) of section 413.4021, Florida
  127  Statutes, is amended to read:
  128         413.4021 Program participant selection; tax collection
  129  enforcement diversion program.—The Department of Revenue, in
  130  coordination with the Florida Association of Centers for
  131  Independent Living and the Florida Prosecuting Attorneys
  132  Association, shall select judicial circuits in which to operate
  133  the program. The association and the state attorneys’ offices
  134  shall develop and implement a tax collection enforcement
  135  diversion program, which shall collect revenue due from persons
  136  who have not remitted their collected sales tax. The criteria
  137  for referral to the tax collection enforcement diversion program
  138  shall be determined cooperatively between the state attorneys’
  139  offices and the Department of Revenue.
  140         (1) Notwithstanding the provisions of s. 212.20, 50 percent
  141  of the revenues collected from the tax collection enforcement
  142  diversion program shall be deposited into the special reserve
  143  account of the Florida Endowment Foundation for Vocational
  144  Rehabilitation, to be used to administer the personal care
  145  attendant program and to contract with the state attorneys
  146  participating in the tax collection enforcement diversion
  147  program in an amount of not more than $75,000 $50,000 for each
  148  state attorney.
  149         Section 4. Paragraph (d) of subsection (4) of section
  150  320.08068, Florida Statutes, is amended to read:
  151         320.08068 Motorcycle specialty license plates.—
  152         (4) A license plate annual use fee of $20 shall be
  153  collected for each motorcycle specialty license plate. Annual
  154  use fees shall be distributed to The Able Trust as custodial
  155  agent. The Able Trust may retain a maximum of 10 percent of the
  156  proceeds from the sale of the license plate for administrative
  157  costs. The Able Trust shall distribute the remaining funds as
  158  follows:
  159         (d) Twenty percent to the Foundation for Vocational
  160  Rehabilitation to support the James Patrick Memorial Work
  161  Incentive Personal Care Attendant Services and Employment
  162  Assistance Program pursuant to s. 413.402.
  163         Section 5. This act shall take effect July 1, 2015.