The Florida Senate

¹413.402  Personal care attendant program.--The Florida Endowment Foundation for Vocational Rehabilitation shall enter into an agreement, no later than October 1, 2008, with the Florida Association of Centers for Independent Living to administer the James Patrick Memorial Work Incentive Personal Attendant Services Program to provide personal care attendants to persons who have severe and chronic disabilities of all kinds and who are eligible under subsection (1). Effective July 1, 2008, the Florida Association of Centers for Independent Living shall receive 12 percent of the funds paid to or on behalf of participants from funds to be deposited with the Florida Endowment Foundation for Vocational Rehabilitation pursuant to ss. 320.08068(4)(d) and 413.4021(1) to administer the program. For the purpose of ensuring continuity of services, a memorandum of understanding shall be executed between the parties to cover the period between July 1, 2008, and the execution of the final agreement.

(1)  In order to be eligible to participate in the program, a person must:

(a)  Be at least 18 years of age, be a legal resident of this state, and be significantly and chronically disabled;

(b)  Require a personal care attendant for assistance with or support for at least two activities of daily living as defined in s. 429.02, as determined by a physician, psychologist, or psychiatrist;

(c)  Require a personal care attendant in order to accept a job or maintain substantial gainful employment; and

(d)  Be able to acquire and direct a personal care attendant.

(2)(a)  The Florida Association of Centers for Independent Living shall provide training to program participants on hiring and managing a personal care attendant and, in cooperation with the oversight group described in paragraph (b), adopt and revise the policies and procedures governing the personal care attendant program and the training program.

(b)  The oversight group shall include, but need not be limited to, a member of the Florida Association of Centers for Independent Living, a person who is participating in the program, and one representative each from the Department of Revenue, the Department of Children and Family Services, the Division of Vocational Rehabilitation in the Department of Education, the Medicaid program in the Agency for Health Care Administration, the Florida Endowment Foundation for Vocational Rehabilitation, and the Brain and Spinal Cord Injury Program in the Department of Health.

History.--s. 1, ch. 2002-286; s. 2, ch. 2005-172; s. 1, ch. 2008-99.

¹Note.--Section 3, ch. 2008-99, provides that "[n]otwithstanding any other law, each person enrolled in the personal care attendant program under s. 413.402, Florida Statutes, on June 30, 2008, and each person enrolled in the pilot personal care attendant program in Lake, Orange, Osceola, and Seminole Counties as authorized in Specific Appropriation 340, chapter 2006-25, Laws of Florida, on June 30, 2008, is automatically eligible for and enrolled in the personal care attendant program, as amended by this act on July 1, 2008."