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