HB 0223 2003
1	A bill to be entitled
2	An act relating to persons with disabilities; amending ss.
3	413.402, 413.4021, F.S., and s. 3 of chapter 2002-286,
4	Laws of Florida; making the pilot program for personal
5	care attendants for spinal cord injury victims permanent;
6	providing criteria for participation in the program;
7	increasing the percentage of revenues collected from the
8	tax collection enforcement diversion program for deposit
9	into the operating account of the Florida Endowment
10	Foundation for Vocational Rehabilitation; providing an
11	appropriation; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Section 413.402, Florida Statutes, is amended
16	to read:
17	413.402 Personal care attendantpilotprogram.--The
18	Florida Association of Centers for Independent Living shall
19	develop apilotprogram to provide personal care attendants to
20	persons who are eligible pursuant to subsection (1). The
21	association shall develop memoranda of understanding with the
22	Department of Revenue, the Brain and Spinal Cord Injury Program
23	in the Department of Health, the Florida Medicaid program in the
24	Agency for Health Care Administration, the Florida Endowment
25	Foundation for Vocational Rehabilitation, and the Division of
26	Vocational Rehabilitation of the Department of Education.
27	(1) Persons eligible to participate in thepilotprogram
28	must:
29	(a) Be at least 18 years of age and be significantly
30	disabled due to a traumatic spinal cord injury;
31	(b) Have been determined eligible for training services
32	from the Division of Vocational Rehabilitation of the Department
33	of Education; and
34	(c) Either:
35	1. Live in a nursing home; or
36	2. Have moved out of a nursing home within the preceding
37	180 days due to participation in a Medicaid home and community-
38	based waiver program targeted to persons with brain or spinal
39	cord injuries.
40	(2) The association shall develop a training program for
41	training persons selected to participate in thepilotprogram
42	that will prepare each person to manage his or her own personal
43	care attendant.
44	(3)(a) The association, in cooperation with the Florida
45	Endowment Foundation for Vocational Rehabilitation, shall
46	develop a program to recruit, screen, and select candidates to
47	be trained as personal care attendants.
48	(b) The services of a nurse registry licensed pursuant to
49	s. 400.506 may be utilized to recruit and screen candidates and
50	to operate as a fiscal intermediary through which payments are
51	made to individuals performing services as personal care
52	attendants under thepilotprogram. The Agency for Health Care
53	Administration shall seek any federal waivers necessary to
54	implement this provision.
55	(4) The association, in cooperation with the Florida
56	Endowment Foundation for Vocational Rehabilitation, shall
57	develop a training program for personal care attendants.
58	(5) The association, in cooperation with the Florida
59	Endowment Foundation for Vocational Rehabilitation, shall
60	establish procedures for selecting persons eligible under
61	subsection (1) to participate in thepilotprogram.
62	(6) The association, in cooperation with the Division of
63	Vocational Rehabilitation of the Department of Education, shall
64	assess the selected participants and make recommendations for
65	their placement into appropriate work-related training programs.
66	(7) The association, in cooperation with the Department of
67	Revenue, the Brain and Spinal Cord Injury Program in the
68	Department of Health, the Florida Medicaid program in the Agency
69	for Health Care Administration, a representative from the state
70	attorney's office in each of thejudicial circuitscounties
71	participating in thepilotprogram, the Florida Endowment
72	Foundation for Vocational Rehabilitation, and the Division of
73	Vocational Rehabilitation of the Department of Education, shall
74	develop a plan for implementation of thepilotprogram.
75	(8)No later than March 1, 2003, the association shall
76	present to the President of the Senate and to the Speaker of the
77	House of Representatives the implementation plan for the pilot
78	program, a timeline for implementation, estimates of the number
79	of participants to be served, and cost projections for each
80	component of the pilot program.Thepilotprogram shall be
81	implemented beginning July 1, 2003, unless there is specific
82	legislative action to the contrary.
83	Section 2. Section 413.4021, Florida Statutes, is amended
84	to read:
85	413.4021PilotProgram participant county selection; tax
86	collection enforcement diversion program.--The Department of
87	Revenue, in coordination with the Florida Association of Centers
88	for Independent Living and the Florida Prosecuting Attorneys
89	Association, shall selectjudicial circuitsfour countiesin
90	which to operate thepilotprogram. The association and the
91	state attorneys' officesin Duval County and the four pilot
92	program countiesshall develop and implement a tax collection
93	enforcement diversion program, which shall collect revenue due
94	from persons who have not remitted their collected sales tax.
95	The criteria for referral to the tax collection enforcement
96	diversion program shall be determined cooperatively between the
97	state attorneys' officesin those countiesand the Department of
98	Revenue.
99	(1) Notwithstanding the provisions of s. 212.20,5025
100	percent of the revenues collected from the tax collection
101	enforcement diversion program shall be deposited into the
102	operating account of the Florida Endowment Foundation for
103	Vocational Rehabilitation, to be used to implement the personal
104	care attendantpilotprogram.
105	(2) Thepilotprogram shall operate only from funds
106	deposited into the operating account of the Florida Endowment
107	Foundation for Vocational Rehabilitation.
108	(3) The Revenue Estimating Conference shall annually
109	project the amount of funds expected to be generated from the
110	tax collection enforcement diversion program.
111	Section 3. Section 3 of chapter 2002-286, Laws of Florida,
112	is amended to read:
113	Section 3. There is appropriated from the Brain and Spinal
114	Cord Injury Program Trust Fund to the Florida Endowment
115	Foundation for Vocational Rehabilitation the sum of $250,000 in
116	nonrecurring funds for fiscal year 2002-2003 for development of
117	the personal care attendant pilot program under s. 413.402,
118	Florida Statutes. The initial $50,000 from each of the pilot
119	programjudicial circuitscountiesandthe Fourth Judicial
120	CircuitDuval Countydeposited with the Florida Endowment
121	Foundation for Vocational Rehabilitation shall be used to repay
122	the $250,000 to the Brain and Spinal Cord Injury Program Trust
123	Fund.
124	Section 4.The sum of $50,000 is appropriated from the
125	General Revenue Fund annually from recurring funds to the office
126	of the circuit court administrator in each judicial circuit
127	participating in the tax collection enforcement diversion
128	program to pay expenses of participating in the program.
129	Section 5. This act shall take effect July 1, 2003.
130