Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1260
       
       
       
       
       
                               Ì875702"Î875702                          
       
       594-03705-15                                                    
       Proposed Committee Substitute by the Committee on Fiscal Policy
       (Appropriations Subcommittee on Education)
    1                        A bill to be entitled                      
    2         An act relating to Florida Centers for Independent
    3         Living; amending s. 413.208, F.S.; providing that
    4         certain volunteers for centers for independent living
    5         do not have to undergo background screening; amending
    6         s. 413.402, F.S.; requiring that a specified agreement
    7         be maintained; renaming the James Patrick Memorial
    8         Work Incentive Personal Attendant Services Program as
    9         the James Patrick Memorial Work Incentive Personal
   10         Attendant Services and Employment Assistance Program;
   11         expanding the scope of, and support and services
   12         provided by, the program; defining a term; revising
   13         eligibility requirements; amending s. 413.4021, F.S.;
   14         revising the maximum amount of specified funds for
   15         each attorney which may be used to administer the
   16         personal attendant program and to contract with the
   17         state attorneys participating in the tax collection
   18         enforcement diversion program; amending s. 320.08068,
   19         F.S.; conforming a provision to changes made by the
   20         act; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraph (b) of subsection (2) of section
   25  413.208, Florida Statutes, is amended to read:
   26         413.208 Service providers; quality assurance; fitness for
   27  responsibilities; background screening.—
   28         (2)
   29         (b) Level 2 background screening pursuant to chapter 435 is
   30  not required for the following persons:
   31         1. A licensed physician, nurse, or other professional who
   32  is licensed by the Department of Health and who has undergone
   33  fingerprinting and background screening as part of such
   34  licensure if providing a service that is within the scope of her
   35  or his licensed practice.
   36         2. A relative of the vulnerable person receiving services.
   37  For purposes of this section, the term “relative” means an
   38  individual who is the father, mother, stepfather, stepmother,
   39  son, daughter, brother, sister, grandmother, grandfather, great
   40  grandmother, great-grandfather, grandson, granddaughter, uncle,
   41  aunt, first cousin, nephew, niece, husband, wife, father-in-law,
   42  mother-in-law, son-in-law, daughter-in-law, brother-in-law,
   43  sister-in-law, stepson, stepdaughter, stepbrother, stepsister,
   44  half-brother, or half-sister of the vulnerable person.
   45         3. A volunteer for a center for independent living
   46  designated in the state plan for independent living developed
   47  pursuant to Title VII(A) of the Rehabilitation Act of 1973, as
   48  amended, who assists on an intermittent basis for less than 10
   49  hours per month does not have to be screened if a provider’s
   50  employee is always present and has the volunteer within his or
   51  her line of sight.
   52         Section 2. Section 413.402, Florida Statutes, is amended to
   53  read:
   54         413.402 Personal care attendant and employment assistance
   55  program.—The Florida Endowment Foundation for Vocational
   56  Rehabilitation shall maintain enter into an agreement, no later
   57  than October 1, 2008, with the Florida Association of Centers
   58  for Independent Living to administer the James Patrick Memorial
   59  Work Incentive Personal Attendant Services and Employment
   60  Assistance Program. The program shall to provide personal care
   61  attendants and other support and services necessary to enable to
   62  persons eligible under subsection (2) who have severe and
   63  chronic disabilities of any kind to obtain or maintain
   64  competitive employment, including self-employment all kinds and
   65  who are eligible under subsection (1). Effective July 1, 2008,
   66  The Florida Association of Centers for Independent Living shall
   67  receive 12 percent of the funds paid to or on behalf of
   68  participants from funds to be deposited with the Florida
   69  Endowment Foundation for Vocational Rehabilitation pursuant to
   70  ss. 320.08068(4)(d) and 413.4021(1) to administer the program.
   71  For the purpose of ensuring continuity of services, a memorandum
   72  of understanding shall be executed between the parties to cover
   73  the period between July 1, 2008, and the execution of the final
   74  agreement.
   75         (1) As used in this section, the term “competitive
   76  employment” means employment in the public or private sector
   77  earning comparable wages and benefits, consistent with the
   78  person’s qualifications and experience, in comparable working
   79  conditions to those experienced by the general workforce in that
   80  industry or profession.
   81         (2)(1) In order to be eligible to participate in the
   82  program, a person must meet the following requirements:
   83         (a) Be at least 18 years of age, be a legal resident of
   84  this state, and be significantly and chronically disabled.;
   85         (b) As determined by a physician, psychologist, or
   86  psychiatrist, require a personal care attendant for assistance
   87  with or support for at least two activities of daily living as
   88  defined in s. 429.02., as determined by a physician,
   89  psychologist, or psychiatrist;
   90         (c) Require a personal care attendant and may require other
   91  support and services, in order to accept an offer of imminent
   92  employment, commence working, or a job or maintain competitive
   93  substantial gainful employment.; and
   94         (d) Be able to acquire and direct the support and services
   95  provided pursuant to this section, including the services of a
   96  personal care attendant.
   97         (3)(2)(a) The Florida Association of Centers for
   98  Independent Living shall provide training, as appropriate, to
   99  program participants on hiring and managing a personal care
  100  attendant and other self-advocacy skills needed to effectively
  101  access and manage the support and services provided under this
  102  section and, in cooperation with the oversight group described
  103  in paragraph (b), adopt and revise the policies and procedures
  104  governing the personal care attendant and employment assistance
  105  program and the training program required by this paragraph.
  106         (b) The oversight group shall include, but need not be
  107  limited to, a member of the Florida Association of Centers for
  108  Independent Living, a person who is participating in the
  109  program, and one representative each from the Department of
  110  Revenue, the Department of Children and Families, the Division
  111  of Vocational Rehabilitation in the Department of Education, the
  112  Medicaid program in the Agency for Health Care Administration,
  113  the Florida Endowment Foundation for Vocational Rehabilitation,
  114  and the Brain and Spinal Cord Injury Program in the Department
  115  of Health.
  116         Section 3. Subsection (1) of section 413.4021, Florida
  117  Statutes, is amended to read:
  118         413.4021 Program participant selection; tax collection
  119  enforcement diversion program.—The Department of Revenue, in
  120  coordination with the Florida Association of Centers for
  121  Independent Living and the Florida Prosecuting Attorneys
  122  Association, shall select judicial circuits in which to operate
  123  the program. The association and the state attorneys’ offices
  124  shall develop and implement a tax collection enforcement
  125  diversion program, which shall collect revenue due from persons
  126  who have not remitted their collected sales tax. The criteria
  127  for referral to the tax collection enforcement diversion program
  128  shall be determined cooperatively between the state attorneys’
  129  offices and the Department of Revenue.
  130         (1) Notwithstanding the provisions of s. 212.20, 50 percent
  131  of the revenues collected from the tax collection enforcement
  132  diversion program shall be deposited into the special reserve
  133  account of the Florida Endowment Foundation for Vocational
  134  Rehabilitation, to be used to administer the personal care
  135  attendant program and to contract with the state attorneys
  136  participating in the tax collection enforcement diversion
  137  program in an amount of not more than $75,000 $50,000 for each
  138  state attorney.
  139         Section 4. Paragraph (d) of subsection (4) of section
  140  320.08068, Florida Statutes, is amended to read:
  141         320.08068 Motorcycle specialty license plates.—
  142         (4) A license plate annual use fee of $20 shall be
  143  collected for each motorcycle specialty license plate. Annual
  144  use fees shall be distributed to The Able Trust as custodial
  145  agent. The Able Trust may retain a maximum of 10 percent of the
  146  proceeds from the sale of the license plate for administrative
  147  costs. The Able Trust shall distribute the remaining funds as
  148  follows:
  149         (d) Twenty percent to the Foundation for Vocational
  150  Rehabilitation to support the James Patrick Memorial Work
  151  Incentive Personal Care Attendant Services and Employment
  152  Assistance Program pursuant to s. 413.402.
  153         Section 5. This act shall take effect July 1, 2015.