Senate Bill sb1608c1
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Florida Senate - 2001 CS for SB 1608
By the Committee on Children and Families; and Senator
Mitchell
300-1765B-01
1 A bill to be entitled
2 An act relating to persons with disabilities;
3 creating s. 413.402, F.S.; directing the
4 Florida Association of Centers for Independent
5 Living to develop a personal-care-attendant
6 pilot program to serve persons having spinal
7 cord injuries; providing for memorandums of
8 understanding with specified entities;
9 providing eligibility for pilot-program
10 participation; providing for selection and
11 training of participants and personal-care
12 attendants; providing for assessment of
13 participants for work-related training
14 programs; providing for development of a plan
15 for program implementation; requiring a report
16 to the Legislature; providing for
17 implementation by a specified date; directing
18 the Department of Revenue to develop and
19 implement a tax collection enforcement
20 diversion program in specified counties;
21 providing for coordination with the Florida
22 Association of Centers for Independent Living
23 and the state attorneys' offices; providing for
24 deposit and use of funds collected; directing
25 the Revenue Estimating Conference to make
26 certain annual projections; providing an
27 appropriation; providing an effective date.
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29 Be It Enacted by the Legislature of the State of Florida:
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Florida Senate - 2001 CS for SB 1608
300-1765B-01
1 Section 1. Section 413.402, Florida Statutes, is
2 created to read:
3 413.402 Personal-care-attendant pilot program.--The
4 Florida Association of Centers for Independent Living shall
5 develop a pilot program to provide personal-care attendants to
6 persons who are eligible pursuant to subsection (1). The
7 association shall develop memorandums of understanding with
8 the Department of Revenue, the Brain and Spinal Cord Injury
9 Program in the Department of Health, the Florida Medicaid
10 program in the Agency for Health Care Administration, the
11 Florida Endowment Foundation for Vocational Rehabilitation,
12 and the Division of Vocational Rehabilitation of the
13 Department of Education.
14 (1) Persons eligible to participate in the pilot
15 program must:
16 (a) Be at least 18 years of age and significantly
17 disabled due to a traumatic spinal cord injury;
18 (b) Have been determined eligible for training
19 services from the Division of Vocational Rehabilitation of the
20 Department of Education; and
21 (c) Either:
22 1. Live in a nursing home; or
23 2. Have moved out of a nursing home within the
24 preceding 180 days due to participation in a Medicaid home and
25 community-based waiver program targeted to persons having
26 brain or spinal cord injuries.
27 (2) The association shall develop a training program
28 for training persons selected to participate in the pilot
29 program which will prepare each person to manage his or her
30 own personal-care attendant.
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Florida Senate - 2001 CS for SB 1608
300-1765B-01
1 (3) The association, in cooperation with the Florida
2 Endowment Foundation for Vocational Rehabilitation, shall
3 develop a program to recruit, screen, and select candidates to
4 be trained as personal-care attendants.
5 (4) The association, in cooperation with the Florida
6 Endowment Foundation for Vocational Rehabilitation, shall
7 develop a training program for personal-care attendants.
8 (5) The association, in cooperation with the Florida
9 Endowment Foundation for Vocational Rehabilitation, shall
10 establish procedures for selecting persons eligible under
11 subsection (1) to participate in the pilot program.
12 (6) The association, in cooperation with the Division
13 of Vocational Rehabilitation of the Department of Education,
14 shall assess the selected participants and make
15 recommendations for their placement into appropriate
16 work-related training programs.
17 (7) The association, in cooperation with the
18 Department of Revenue, the Brain and Spinal Cord Injury
19 Program in the Department of Health, the Florida Medicaid
20 program in the Agency for Health Care Administration, a
21 representative from the state attorney's office in each of the
22 counties participating in the pilot program, the Florida
23 Endowment Foundation for Vocational Rehabilitation, and the
24 Division of Vocational Rehabilitation of the Department of
25 Education, shall develop a plan for implementation of the
26 pilot program.
27 (8) By January 7, 2002, the association shall present
28 to the President of the Senate and to the Speaker of the House
29 of Representatives the implementation plan for the pilot
30 program. At a minimum, the implementation plan must include
31 the following information:
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Florida Senate - 2001 CS for SB 1608
300-1765B-01
1 (a) A timeline for implementation, including the
2 expiration date of the pilot program;
3 (b) Estimates of the number of participants to be
4 served;
5 (c) The sites selected to implement the pilot program,
6 and the rationale for their selection;
7 (d) The anticipated amount of collections by county
8 for fiscal year 2002-2003 under the tax collection diversion
9 program;
10 (e) Cost projections for each component of the pilot
11 program; and
12 (f) Method for and costs associated with an
13 independent evaluation of the pilot program.
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15 The pilot program shall be implemented by July 1, 2002, unless
16 there is specific legislative action to the contrary.
17 Section 2. The Department of Revenue, in coordination
18 with the the Florida Association of Centers for Independent
19 Living and the state attorneys' offices in Duval, Miami-Dade,
20 Broward, Orange, and Hillsborough Counties, shall develop and
21 implement a tax collection enforcement diversion program that
22 shall collect revenue due from persons who have not remitted
23 their collected sales tax. The criteria for referral to the
24 tax collection enforcement diversion program shall be
25 determined cooperatively between the state attorney's office
26 in each county and the Department of Revenue.
27 (1) Twenty-five percent of the revenues collected from
28 the tax collection enforcement diversion program shall be
29 deposited into the operating account of the Florida Endowment
30 Foundation for Vocational Rehabilitation, to be used to
31 implement the personal-care-attendant pilot program.
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Florida Senate - 2001 CS for SB 1608
300-1765B-01
1 (2) The pilot program shall operate only from funds
2 deposited into the operating account of the Florida Endowment
3 Foundation for Vocational Rehabilitation.
4 (3) The Revenue Estimating Conference shall annually
5 project the amount of funds expected to be generated from the
6 tax collection enforcement diversion program.
7 Section 3. The sum of $250,000 in nonrecurring funds
8 is appropriated from the Brain and Spinal Cord Injury Program
9 Trust Fund to the Florida Endowment Foundation for Vocational
10 Rehabilitation for fiscal year 2001-2002 for development of
11 the personal-care-attendant pilot program under section
12 413.402, Florida Statutes.
13 Section 4. This act shall take effect July 1, 2001.
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Florida Senate - 2001 CS for SB 1608
300-1765B-01
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1608
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Changes responsibility for developing the Personal Care
5 Attendant Pilot Program from the Department of Children and
Family Services to the Florida Association of Centers for
6 Independent Living.
7 Broadens the criteria for persons eligible for the Personal
Care Attendant Pilot Program to include those persons who are
8 18 years of age or older and have moved out of a nursing home
within the preceding 180 days to participate in a Medicaid
9 home and community-based waiver program targeted to persons
with brain or spinal cord injuries.
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Requires an implementation plan to the Legislature by March 1,
11 2002 and provides direction for its content.
12 Identifies Duval, Miami-Dade, Broward, Orange, and
Hillsborough counties for developing and implementing a tax
13 collection enforcement diversion program.
14 Specifies that criteria for referral to the tax collection
enforcement diversion program will be determined cooperatively
15 between the state attorneys' offices in the specified counties
and the Department of Revenue.
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States that 25 percent, rather than 10 percent, of the
17 revenues collected from the diversion program will be
deposited into the operating account of the Florida Endowment
18 Foundation for Vocational Rehabilitation for implementing the
Personal Care Attendant Program.
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Specifies that the pilot program will operate only from funds
20 deposited into the operating account of the Florida Endowment
Foundation for Vocational Rehabilitation.
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Includes an appropriation of $250,000 in nonrecurring funds
22 appropriated from the Brain and Spinal Cord Injury Program
Trust Fund to the Florida Endowment Foundation for Vocational
23 Rehabilitation for FY 2002-2002 for the development of the
Personal Care Attendant Pilot Program.
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Makes a technical correction regarding the organizational
25 placement of the Division of Vocational Rehabilitation in the
Department of Education rather than in the Department of Labor
26 and Employment Security.
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