House Bill 2385

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 2000                HB 2385

        By the Committee on Health Care Services and
    Representative Peaden





  1                      A bill to be entitled

  2         An act relating to individuals with brain and

  3         spinal cord injuries; amending s. 381.739,

  4         F.S.; correcting a cross reference; renumbering

  5         and amending s. 413.46, F.S.; revising

  6         legislative intent; creating s. 381.745, F.S.;

  7         providing definitions; amending s. 381.75,

  8         F.S.; modifying the duties and responsibilities

  9         of the Department of Health; creating s.

10         381.755, F.S.; specifying the nonassignability

11         of benefits; amending s. 381.76, F.S.; revising

12         provisions relating to eligibility for the

13         brain and spinal cord injury program; creating

14         s. 381.765, F.S.; providing for the retention

15         of title to and disposal of equipment by the

16         department; amending s. 381.78, F.S.; deleting

17         obsolete language relating to the advisory

18         council on brain and spinal cord injuries;

19         providing for removal of council members for

20         cause by appointing authority; providing

21         reimbursement for travel and related expenses

22         for council members; prohibiting council

23         members from voting on matters of direct

24         financial interest or conflict of interest;

25         creating s. 381.785, F.S.; providing for the

26         recovery of third-party payments for services;

27         providing for liens; amending s. 381.79, F.S.;

28         authorizing trust fund expenditures for

29         matching funds; specifying deposit of certain

30         revenue into the trust fund; authorizing the

31         department to accept and use gifts made by will

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2385

    169-450-00






  1         or otherwise; amending s. 120.80, F.S.;

  2         prohibiting certain hearings by the department

  3         relating to the brain and spinal cord injury

  4         program; providing for contract with the

  5         Department of Children and Family Services;

  6         amending ss. 318.21, 320.131, 327.35, and

  7         938.07, F.S.; correcting references and cross

  8         references; providing planning for long-term

  9         community-based supports for individuals with

10         specified brain and spinal cord injuries;

11         providing for a study; providing purpose;

12         requiring a report; providing for establishment

13         of a program; providing for compliance with s.

14         381.775, F.S.; providing limitation on use of

15         funding; providing priority for services;

16         providing a residency requirement; providing

17         the department with certain rulemaking

18         authority; providing severability; providing an

19         effective date.

20

21  Be It Enacted by the Legislature of the State of Florida:

22

23         Section 1.  Section 381.739, Florida Statutes, is

24  amended to read:

25         381.739  Short title; Charlie Mack Overstreet Brain or

26  Spinal Cord Injuries Act.--Sections 381.739-381.79

27  381.73-381.79 may be cited as the "Charlie Mack Overstreet

28  Brain or Spinal Cord Injuries Act."

29         Section 2.  Section 413.46, Florida Statutes, is

30  renumbered as section 381.735, Florida Statutes, and amended

31  to read:

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2385

    169-450-00






  1         381.735 413.46  Legislative intent.--It is the intent

  2  of the Legislature to ensure the referral of individuals

  3  persons who have moderate-to-severe brain or spinal cord

  4  injuries to the brain and spinal cord injury program, a

  5  coordinated rehabilitation program developed and administered

  6  by the department division. The program shall provide eligible

  7  individuals persons, as defined in s. 381.76 413.507, the

  8  opportunity to obtain the necessary rehabilitative services

  9  enabling them to be referred to a vocational rehabilitation

10  program or to return to an appropriate level of functioning in

11  their community. Further, it is intended that permanent

12  disability be avoided, whenever possible, through prevention,

13  early identification, skilled emergency medical services and

14  transport evacuation procedures, and proper medical and

15  rehabilitative treatment.

16         Section 3.  Section 381.745, Florida Statutes, is

17  created to read:

18         381.745  Definitions.--As used in ss. 381.739-381.79,

19  the term:

20         (1)  "Activity of daily living" means an activity

21  required on a frequent basis that permits an individual to

22  secure or maintain independence.  Such activities include, but

23  are not limited to, personal home care, transportation,

24  personal assistance services, housekeeping, shopping,

25  attending school, communication, and employment.

26         (2)  "Brain and spinal cord injury" and "brain or

27  spinal cord injury" mean:

28         (a)  A lesion to the spinal cord or cauda equina,

29  resulting from external trauma, with evidence of significant

30  involvement of two of the following deficits or dysfunctions:

31         1.  Motor deficit;

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2385

    169-450-00






  1         2.  Sensory deficit;

  2         3.  Bowel and bladder dysfunction; or

  3         (b)  An insult to the skull, or the brain or its

  4  covering, resulting from external trauma which produces an

  5  altered state of consciousness or anatomic motor, sensory,

  6  cognitive, or behavioral deficits.

  7         (3)  "Emergency medical service system" means a

  8  transportation system licensed by the department under part

  9  III of chapter 401 that provides timely skilled emergency care

10  and transport of individuals believed to have sustained a

11  brain or spinal cord injury.

12         (4)  "Designated facility" means a brain and spinal

13  cord injury program-approved facility meeting brain and spinal

14  cord injury program criteria and standards of care for

15  individuals who have sustained a brain or spinal cord injury.

16         (5)  "Funded services" means services paid for through

17  the brain and spinal cord injury program.

18         (6)  "Personal assistance services" means a range of

19  services, provided by one or more individuals, designed to

20  assist an individual who has a disability to perform

21  activities of daily living.

22         (7)  "Third-party coverage" means any claim for, right

23  to receive payment for, or coverage for the payment of any

24  brain and spinal cord injury program services.

25         (8)  "Third-party payment" means any and all payments

26  received or due as a result of any third-party obligation

27  created by gift, coverage, or other contract, settlement, or

28  judicial decision, or action of law.

29         (9)  "Transitional living facility" means a

30  state-approved facility as defined and licensed under part

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2385

    169-450-00






  1  VIII of chapter 400 and brain and spinal cord injury

  2  program-approved in accordance with this chapter.

  3         (10)  "Trauma center" means an acute care facility,

  4  verified by the department under part II of chapter 395, that

  5  provides diagnosis and treatment of individuals who have

  6  sustained a brain or spinal cord injury.

  7         Section 4.  Section 381.75, Florida Statutes, is

  8  amended to read:

  9         381.75  Duties and responsibilities of the department,

10  of transitional living facilities, and of

11  residents.--Consistent with the mandate of s. 381.735 413.46,

12  the department shall develop and administer a multilevel

13  treatment program for individuals persons who sustain have

14  brain or spinal cord injuries and who are referred to the

15  brain and spinal cord injury program.

16         (1)  Within 15 days after any report of an individual a

17  person who has sustained a brain or spinal cord injury, the

18  department shall notify the individual or the most immediate

19  available family members of the individual's their right to

20  assistance from the state, the services available, and the

21  eligibility requirements.

22         (2)  The department shall refer individuals persons who

23  have brain or spinal cord injuries to other state agencies to

24  assure that rehabilitative services, if desired, are obtained

25  by that individual person.

26         (3)  The department, in consultation with emergency

27  medical service, shall develop standards for an emergency

28  medical services evacuation system that will ensure that all

29  individuals persons who sustain traumatic brain or spinal cord

30  injuries are transported to a department-approved trauma

31  center that meets the standards and criteria established by

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2385

    169-450-00






  1  the emergency medical service and the acute-care standards of

  2  the brain and spinal cord injury program.

  3         (4)  The department shall develop standards for

  4  designation of rehabilitation centers to provide

  5  rehabilitation services for individuals persons who have brain

  6  or spinal cord injuries.

  7         (5)  The department shall determine the appropriate

  8  number of designated acute-care facilities, inpatient

  9  rehabilitation centers, and outpatient rehabilitation centers,

10  needed based on incidence, volume of admissions, and other

11  appropriate criteria.

12         (6)  The department shall develop standards for

13  designation of transitional living facilities to provide

14  individuals the opportunity to adjust to their disabilities

15  and to develop physical and functional skills in a supported

16  living environment.

17         (a)  The Agency for Health Care Administration, in

18  consultation with the department, shall develop rules for the

19  licensure of transitional living facilities for individuals

20  persons who have brain or spinal cord injuries.

21         (b)  The goal of a transitional living program for

22  individuals persons who have brain or spinal cord injuries is

23  to assist each individual person who has such a disability to

24  achieve a higher level of independent functioning and to

25  enable that individual person to reenter the community. The

26  program shall be focused on preparing participants to return

27  to community living.

28         (c)  A transitional living facility for an individual a

29  person who has a brain or spinal cord injury shall provide to

30  such individual person, in a residential setting, a

31  goal-oriented treatment program designed to improve the

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2385

    169-450-00






  1  individual's person's physical, cognitive, communicative,

  2  behavioral, psychological, and social functioning, as well as

  3  to provide necessary support and supervision. A transitional

  4  living facility shall offer at least the following therapies:

  5  physical, occupational, speech, neuropsychology, independent

  6  living skills training, behavior analysis for programs serving

  7  brain-injured individuals persons, health education, and

  8  recreation.

  9         (d)  All residents shall use the transitional living

10  facility as a temporary measure and not as a permanent home or

11  domicile. The transitional living facility shall develop an

12  initial treatment plan for each resident within 3 days after

13  the resident's admission. The transitional living facility

14  shall develop a comprehensive plan of treatment and a

15  discharge plan for each resident as soon as practical, but no

16  later than 30 days after the resident's admission. Each

17  comprehensive treatment plan and discharge plan must be

18  reviewed and updated as necessary, but no less often than

19  quarterly. This subsection does not require the discharge of

20  an individual who continues to require any of the specialized

21  services described in paragraph (c) or who is making

22  measurable progress in accordance with that individual's

23  comprehensive treatment plan. The transitional living facility

24  shall discharge any individual who has an appropriate

25  discharge site and who has achieved the goals of his or her

26  discharge plan or who is no longer making progress toward the

27  goals established in the comprehensive treatment plan and the

28  discharge plan. The discharge location must be the least

29  restrictive environment in which an individual's health,

30  well-being, and safety is preserved.

31

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2385

    169-450-00






  1         (7)  Recipients of services, under this section, from

  2  any of the facilities referred to in this section shall pay a

  3  fee based on ability to pay.

  4         Section 5.  Section 381.755, Florida Statutes, is

  5  created to read:

  6         381.755  Benefits not assignable.--The right of an

  7  eligible individual to any of the brain and spinal cord injury

  8  program services is not transferable or assignable, and any

  9  benefits, including money, goods, or chattels received as

10  brain and spinal cord injury program services, are exempt from

11  all state, county, and municipal taxes and from sale under the

12  process of any court, except for obligations contracted for

13  the purchase of such property.

14         Section 6.  Section 381.76, Florida Statutes, is

15  amended to read:

16         381.76  Eligibility for the brain and spinal cord

17  injury program.--

18         (1)  An individual shall be accepted as eligible for

19  the brain and spinal cord injury program following

20  certification by the department that the individual:

21         (a)  Has been referred to the central registry pursuant

22  to s. 381.74; 413.48.

23         (b)  Is a legal resident of this state at the time of

24  application for services;.

25         (c)  Has sustained suffered a brain or spinal cord

26  traumatic injury; as defined in s. 413.20.

27         (d)  Is medically stable; and as defined by rules of

28  the department.

29         (e)  Is reasonably expected to achieve reintegration

30  into the community through brain and spinal cord injury

31  program rehabilitative services.

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2385

    169-450-00






  1         (2)  In the event the department is unable to provide

  2  services to all eligible individuals, the department may

  3  establish an order of selection.

  4         Section 7.  Section 381.765, Florida Statutes, is

  5  created to read:

  6         381.765  Retention of title to and disposal of

  7  equipment.--

  8         (1)  The department is authorized to retain title to

  9  any property, tools, instruments, training supplies,

10  equipment, or other items of value acquired as brain and

11  spinal cord injury program services or for personnel employed

12  in the operation of the brain and spinal cord injury program,

13  and to repossess and transfer same as brain and spinal cord

14  injury program services or for personnel employed in the

15  operation of the brain and spinal cord injury program.

16         (2)  The department is authorized to offer for sale any

17  surplus items acquired in the operation of the brain and

18  spinal cord injury program when such items are no longer

19  necessary or to exchange such items for necessary items which

20  may be used to greater advantage. When any such surplus

21  equipment is sold or exchanged, a receipt shall be taken from

22  the purchaser showing the consideration given for such

23  equipment and forwarded to the treasurer, and any funds

24  received by the brain and spinal cord injury program pursuant

25  to any such transactions shall be deposited in the Brain and

26  Spinal Cord Injury Program Trust Fund and shall be available

27  for expenditure for any purpose consistent with s. 381.79.

28         (3)  The department shall have the exclusive right to

29  develop rules relating to records and recordkeeping for

30  department-owned property referenced in this section.

31

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2385

    169-450-00






  1         Section 8.  Section 381.78, Florida Statutes, is

  2  amended to read:

  3         381.78  Advisory council on brain and spinal cord

  4  injuries.--

  5         (1)  There is created within the department a 16-member

  6  advisory council on brain and spinal cord injuries. The

  7  council shall be composed of a minimum of four individuals

  8  persons who have brain injuries or are family members of

  9  individuals persons who have brain injuries, a minimum of four

10  individuals persons who have spinal cord injuries or are

11  family members of individuals persons who have spinal cord

12  injuries, and a minimum of two individuals persons who

13  represent the special needs of children who have brain or

14  spinal cord injuries. The balance of the council members shall

15  be physicians, other allied health professionals,

16  administrators of brain and spinal cord injury programs, and

17  representatives from support groups that have expertise in

18  areas related to the rehabilitation of individuals persons who

19  have brain or spinal cord injuries.

20         (2)  Members of the council shall be appointed to serve

21  by the secretary. All members' terms shall be for 4 years. An

22  individual may not serve more than two terms.

23         (a)  Eight members of the first appointed council shall

24  serve an initial term of 2 years. This group shall include two

25  persons who have brain injuries or are family members of

26  persons who have brain injuries, two persons who have spinal

27  cord injuries or are family members of persons who have spinal

28  cord injuries, and four other persons from the previous

29  council.

30

31

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2385

    169-450-00






  1         (b)  The remaining members of the first appointed

  2  council shall serve an initial term of 4 years. Thereafter all

  3  members' terms shall be for 4 years.

  4         (a)(c)  Any council member who is unwilling or unable

  5  to properly fulfill the duties of the office shall be

  6  succeeded by an individual a person chosen by the secretary to

  7  serve out the unexpired balance of the replaced council

  8  member's term. If the unexpired balance of the replaced

  9  council member's term is less than 18 months, then,

10  notwithstanding the provisions of this subsection, the

11  succeeding council member may be reappointed by the secretary

12  twice.

13         (b)  A member of the council may be removed from office

14  by the appointing authority for malfeasance, misfeasance,

15  neglect of duty, incompetence, or permanent inability to

16  perform official duties or for pleading nolo contendere to, or

17  being found guilty of, a crime.  Malfeasance shall include,

18  but is not limited to, violation of any specific prohibitions

19  within this part.

20         (3)  The council shall meet at least two times

21  annually.

22         (4)  The council shall:

23         (a)  Provide advice and expertise to the department

24  through the brain and spinal cord injury program division in

25  the preparation, implementation, and periodic review of the

26  brain and spinal cord injury program as referenced in s.

27  413.49.

28         (b)  Annually appoint a five-member committee composed

29  of one individual person who has a brain injury or has a

30  family member with a brain injury, one individual person who

31  has a spinal cord injury or has a family member with a spinal

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2385

    169-450-00






  1  cord injury, and three members who shall be chosen from among

  2  these representative groups: physicians, other allied health

  3  professionals, administrators of brain and spinal cord injury

  4  programs, and representatives from support groups with

  5  expertise in areas related to the rehabilitation of

  6  individuals persons who have brain or spinal cord injuries,

  7  except that one and only one member of the committee shall be

  8  an administrator of a transitional living facility. Membership

  9  on the council is not a prerequisite for membership on this

10  committee.

11         1.  The committee shall perform onsite visits to those

12  transitional living facilities identified by the Agency for

13  Health Care Administration as being in possible violation of

14  the statutes and rules regulating such facilities. The

15  committee members have the same rights of entry and inspection

16  granted under s. 400.805(7) to designated representatives of

17  the agency.

18         2.  Factual findings of the committee resulting from an

19  onsite investigation of a facility pursuant to subparagraph 1.

20  shall be adopted by the agency in developing its

21  administrative response regarding enforcement of statutes and

22  rules regulating the operation of the facility.

23         3.  Onsite investigations by the committee shall be

24  funded by the Health Care Trust Fund.

25         4.  Travel expenses for committee members shall be

26  reimbursed in accordance with s. 112.061.

27         5.  Members of the committee shall recuse themselves

28  from participating in any investigation that would create a

29  conflict of interest under state law, and the council shall

30  replace the member, either temporarily or permanently.

31

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2385

    169-450-00






  1         (5)  Members of the council are entitled to per diem

  2  and travel expenses for required attendance at council

  3  meetings in accordance with the provisions of s. 112.061.

  4  Reasonable expenses for personal assistance services and

  5  interpreters needed by members during required attendance at

  6  council meetings shall be reimbursed.  No member shall receive

  7  any compensation for performance of duties specified in, or

  8  arising out of, her or his duties as a council member under

  9  this part except as otherwise specified in this part.

10         (6)  No member of the council shall cast a vote on any

11  matter that would provide direct financial benefit to the

12  member or create a conflict of interest under state law.

13         Section 9.  Section 381.785, Florida Statutes, is

14  created to read:

15         381.785  Recovery of third-party payments for brain and

16  spinal cord injury program services.--

17         (1)  Third-party coverage for funded services is

18  primary coverage.

19         (2)  An applicant for or recipient of brain and spinal

20  cord injury program services must inform the brain and spinal

21  cord injury program of any rights he or she has to third-party

22  payments for such services, and the brain and spinal cord

23  injury program shall be subrogated to his or her rights to

24  such third-party payments. The brain and spinal cord injury

25  program may recover directly from:

26         (a)  Any third party liable to make a benefit payment

27  to the provider of the recipient's funded services or to the

28  recipient under the terms of any contract, settlement, or

29  award;

30

31

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2385

    169-450-00






  1         (b)  The recipient, if he or she has received

  2  third-party payment for funded services provided to him or

  3  her; or

  4         (c)  The provider of the recipient's funded services if

  5  third-party payment for such services has been recovered by

  6  the provider.

  7         (3)  An applicant for or a recipient of funded services

  8  is deemed to have assigned to the brain and spinal cord injury

  9  program his or her rights to any payments for such services

10  from a third party and to have authorized the brain and spinal

11  cord injury program to release information with respect to

12  such services for the sole purpose of obtaining reimbursement.

13         (4)  The brain and spinal cord injury program may, in

14  order to enforce its rights under this section, institute,

15  intervene in, or join any legal proceeding against a third

16  party against whom recovery rights arise. Action taken by the

17  brain and spinal cord injury program does not preclude the

18  recipient's recovery for that portion of his or her damages

19  not subrogated to the brain and spinal cord injury program,

20  and action taken by the recipient does not prejudice the

21  rights of the brain and spinal cord injury program.

22         (5)  When the brain and spinal cord injury program

23  provides, pays for, or becomes liable for funded services, it

24  has a lien for the amount of such services upon all causes of

25  action which accrue to the recipient or to his or her legal

26  representatives as a result of sickness, injury, disease,

27  disability, or death, due to the liability of a third party

28  which necessitated funded services. To perfect such lien, a

29  notice of lien must be filed with the clerk of the circuit

30  court in the recipient's county of residence. The notice of

31  lien must contain the name and address of the individual to

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2385

    169-450-00






  1  whom vocational rehabilitation and related services were

  2  furnished and the name, address, and telephone number of a

  3  person at the brain and spinal cord injury program from whom

  4  information regarding the lien can be obtained. The brain and

  5  spinal cord injury program's failure to file a notice of lien

  6  shall not affect the brain and spinal cord injury program's

  7  other rights provided in this section. Any notice of lien

  8  filed as provided under this subsection shall be valid for a

  9  period of 5 years after filing, and may be extended for an

10  additional period of 5 years by filing a new notice of lien at

11  any time prior to the expiration of the original notice of

12  lien.

13         (6)  In recovering any payments in accordance with this

14  section, the brain and spinal cord injury program may make

15  appropriate settlements.

16         (7)  Notwithstanding any other law to the contrary,

17  payments made for funded services are neither collateral

18  payments nor collateral sources within the meaning of chapter

19  86-160, Laws of Florida, or chapter 88-1, Laws of Florida.

20         (8)  Notwithstanding any other law to the contrary, the

21  brain and spinal cord injury program retains all rights and

22  remedies granted under this section as against moneys paid

23  under chapter 440.

24         Section 10.  Subsection (1) of section 381.79, Florida

25  Statutes, is amended, and subsections (5) and (6) are added to

26  said section, to read:

27         381.79  Brain and Spinal Cord Injury Program

28  Rehabilitation Trust Fund.--

29         (1)  There is created in the State Treasury the Brain

30  and Spinal Cord Injury Program Rehabilitation Trust Fund.

31  Moneys in the fund shall be appropriated to the department for

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2385

    169-450-00






  1  the purpose of providing the cost of care for brain or spinal

  2  cord injuries as a payor of last resort to residents of this

  3  state, for multilevel programs of care established pursuant to

  4  s. 381.75 413.49.

  5         (a)  Authorization of expenditures for brain or spinal

  6  cord injury care shall be made only by the department.

  7         (b)  Authorized expenditures include acute care,

  8  rehabilitation, transitional living, equipment, and supplies

  9  necessary for activities of daily living, public information,

10  prevention, education, matching funds for public or private

11  assistance with brain and spinal cord injury program-approved

12  expansion of services for the treatment of individuals who

13  have sustained a brain or spinal cord injury, and research.

14         Section 11.  Subsection (15) of section 120.80, Florida

15  Statutes, is amended to read:

16         120.80  Exceptions and special requirements;

17  agencies.--

18         (15)  DEPARTMENT OF HEALTH.--Notwithstanding s.

19  120.57(1)(a), formal hearings may not be conducted by the

20  Secretary of Health, the director of the Agency for Health

21  Care Administration, or a board or member of a board within

22  the Department of Health or the Agency for Health Care

23  Administration for matters relating to the regulation of

24  professions, as defined by part II of chapter 455.

25  Notwithstanding s. 120.57(1)(a), hearings conducted within the

26  Department of Health in execution of the Special Supplemental

27  Nutrition Program for Women, Infants, and Children; Child Care

28  Food Program; Children's Medical Services Program; the brain

29  and spinal cord injury program; and the exemption from

30  disqualification reviews for certified nurse assistants

31  program need not be conducted by an administrative law judge

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2385

    169-450-00






  1  assigned by the division. The Department of Health may

  2  contract with the Department of Children and Family Services

  3  for a hearing officer in these matters.

  4         Section 12.  Paragraph (d) of subsection (2) of section

  5  318.21, Florida Statutes, is amended to read:

  6         318.21  Disposition of civil penalties by county

  7  courts.--All civil penalties received by a county court

  8  pursuant to the provisions of this chapter shall be

  9  distributed and paid monthly as follows:

10         (2)  Of the remainder:

11         (d)  Eight and two-tenths percent shall be deposited in

12  the Brain and Spinal Cord Injury Program Rehabilitation Trust

13  Fund for the purposes set forth in s. 381.79 413.613.

14         Section 13.  Subsection (2) of section 320.131, Florida

15  Statutes, is amended to read:

16         320.131  Temporary tags.--

17         (2)  The department is authorized to sell temporary

18  tags, in addition to those listed above, to their agents and

19  where need is demonstrated by a consumer complainant. The fee

20  shall be $2 each. One dollar from each tag sold shall be

21  deposited into the Brain and Spinal Cord Injury Program

22  Rehabilitation Trust Fund, with the remaining proceeds being

23  deposited into the Highway Safety Operating Trust Fund. Agents

24  of the department shall sell temporary tags for $2 each and

25  shall charge the service charge authorized by s. 320.04 per

26  transaction, regardless of the quantity sold. Requests for

27  purchase of temporary tags to the department or its agents

28  shall be made, where applicable, on letterhead stationery and

29  notarized. Except as specifically provided otherwise, a

30  temporary tag shall be valid for 30 days, and no more than two

31  shall be issued to the same person for the same vehicle.

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2385

    169-450-00






  1         Section 14.  Subsection (9) of section 327.35, Florida

  2  Statutes, is amended to read:

  3         327.35  Boating under the influence; penalties;

  4  "designated drivers".--

  5         (9)  Notwithstanding any other provision of this

  6  section, for any person convicted of a violation of subsection

  7  (1), in addition to the fines set forth in subsections (2) and

  8  (4), an additional fine of $60 shall be assessed and collected

  9  in the same manner as the fines set forth in subsections (2)

10  and (4). All fines collected under this subsection shall be

11  paid monthly into the Brain and Spinal Cord Injury Program

12  Rehabilitation Trust Fund and used for the purposes set forth

13  in s. 381.79 413.613, after 5 percent is deducted therefrom by

14  the clerk of the court for administrative costs.

15         Section 15.  Section 938.07, Florida Statutes, is

16  amended to read:

17         938.07  Driving under the influence.--Notwithstanding

18  any other provision of s. 316.193, a court cost of $135 shall

19  be added to any fine imposed pursuant to s. 316.193, of which

20  $25 shall be deposited in the Emergency Medical Services Trust

21  Fund, $50 shall be deposited in the Criminal Justice Standards

22  and Training Trust Fund of the Department of Law Enforcement

23  to be used for operational expenses in conducting the

24  statewide criminal analysis laboratory system established in

25  s. 943.32, and $60 shall be deposited in the Brain and Spinal

26  Cord Injury Program Rehabilitation Trust Fund created in s.

27  381.79 413.613.

28         Section 16.  Long-term community-based supports.--The

29  Department of Health shall, contingent upon specific

30  appropriations for these purposes:

31

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2385

    169-450-00






  1         (1)  Study the long-term needs for community-based

  2  supports and services for individuals who have sustained

  3  traumatic brain or spinal cord injuries.  The purpose of this

  4  study is to prevent inappropriate residential and

  5  institutional placement of these individuals, and promote

  6  placement in the most cost-effective and least restrictive

  7  environment.  Any placement recommendations for these

  8  individuals shall ensure full utilization of and collaboration

  9  with other state agencies, programs, and community partners.

10  This study shall be submitted to the Governor, the President

11  of the Senate, and the Speaker of the House of Representatives

12  not later than December 31, 2000.

13         (2)  Based upon the results of this study, establish a

14  plan for the implementation of a program of long-term

15  community-based supports and services for individuals who have

16  sustained traumatic brain or spinal cord injuries who may be

17  subject to inappropriate residential and institutional

18  placement as a direct result of such injuries.

19         (a)  Records relating to any applicant for or recipient

20  of program services are subject to the confidentiality

21  provisions of s. 381.775, Florida Statutes.

22         (b)  The program shall be payor of last resort for

23  program services, and expenditures for such services shall be

24  considered funded services for purposes of s. 381.785, Florida

25  Statutes. However, notwithstanding s. 381.79(5), Florida

26  Statutes, proceeds resulting from this section shall be used

27  solely for this program.

28         (c)  The department shall create, by rule, procedures

29  to ensure that, in the event the program is unable to directly

30  or indirectly provide such services to all eligible

31  individuals due to lack of funds, those individuals most at

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2385

    169-450-00






  1  risk to suffer the greatest harm from an imminent

  2  inappropriate residential or institutional placement are

  3  served first.

  4         (d)  Every applicant or recipient of the long-term

  5  community-based supports and services program shall have been

  6  a resident of the state for 1 year immediately preceding

  7  application and be a resident of the state at the time of

  8  application.

  9         (e)  The department shall adopt rules pursuant to ss.

10  120.536(1) and 120.54, Florida Statutes, to implement the

11  provisions of this subsection.

12         Section 17.  Severability.--If any provision of this

13  act or its application to any person or circumstance is held

14  invalid, the invalidity does not affect other provisions or

15  applications of this act which can be given effect without the

16  invalid provision or application, and to this end the

17  provisions of this act are severable.

18         Section 18.  This act shall take effect July 1, 2000.

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2385

    169-450-00






  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises, clarifies, and conforms various provisions
  4    relating to the brain and spinal cord injury program.
      Provides definitions. Modifies duties of the Department
  5    of Health. Prohibits certain ch. 120, F.S., hearings by
      the department relating to the program, and provides for
  6    contract with the Department of Children and Family
      Services therefor. Specifies nonassignability of program
  7    services. Provides for the department's title to and
      disposal of equipment of the program. Provides for
  8    recovery of third-party payments for services and
      provides for liens. Revises provisions relating to the
  9    advisory council on brain and spinal cord injuries.
      Revises provisions relating to program trust fund
10    receipts and expenditures. Contingent on appropriations,
      establishes a program to provide for long-term
11    community-based supports for individuals with certain
      brain and spinal cord injuries. Provides program
12    requirements and procedures. Provides department
      rulemaking authority. Provides for a department study, to
13    be submitted to the Governor and Legislature. See bill
      for details.
14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  21