Florida Senate - 2016 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 202
Ì7363468Î736346
594-01580-16
Proposed Committee Substitute by the Committee on Fiscal Policy
(Appropriations Subcommittee on Education)
1 A bill to be entitled
2 An act relating to the Florida Association of Centers
3 for Independent Living; amending s. 413.402, F.S.;
4 requiring that a specified agreement be maintained;
5 renaming the James Patrick Memorial Work Incentive
6 Personal Attendant Services Program as the James
7 Patrick Memorial Work Incentive Personal Attendant
8 Services and Employment Assistance Program; defining a
9 term; requiring the program to provide additional
10 support and services; revising eligibility
11 requirements; expanding the kinds of training
12 required; requiring the association, in cooperation
13 with the Oversight Committee for the James Patrick
14 Memorial Work Incentive Personal Attendant Services
15 and Employment Assistance Program, to adopt and revise
16 certain policies and procedures and to provide
17 technical assistance and support under certain
18 circumstances; providing that the maximum monthly
19 reimbursement provided to program participants is
20 subject to approval by the oversight committee;
21 requiring the program to reimburse the Florida
22 Association of Centers for Independent Living for
23 certain costs approved by the oversight committee;
24 prohibiting such reimbursement from exceeding a
25 certain amount; establishing the oversight committee;
26 providing the oversight committee’s purpose; providing
27 for committee membership; amending s. 413.4021, F.S.;
28 revising the maximum amount of specified funds for
29 each state attorney which may be used to administer
30 the personal attendant and employment assistance
31 program and to contract with the state attorneys
32 participating in the tax collection enforcement
33 diversion program; amending s. 320.08068, F.S.; making
34 a technical change; conforming a provision to changes
35 made by the act; providing an effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Section 413.402, Florida Statutes, is amended to
40 read:
41 413.402 James Patrick Memorial Work Incentive Personal care
42 Attendant Services and Employment Assistance Program.—The
43 Florida Endowment Foundation for Vocational Rehabilitation shall
44 maintain enter into an agreement, no later than October 1, 2008,
45 with the Florida Association of Centers for Independent Living
46 to administer the James Patrick Memorial Work Incentive Personal
47 Attendant Services and Employment Assistance Program and shall
48 remit sufficient funds monthly to meet the requirements of
49 subsection (5).
50 (1) As used in this section, the term “competitive and
51 integrated employment” means employment in the public or private
52 sector in which the employee earns comparable wages and
53 benefits, commensurate with his or her qualifications and
54 experience, and works in comparable conditions to those
55 experienced by the general workforce in that industry or
56 profession.
57 (2) The program shall to provide personal care attendants
58 and other support and services necessary to enable to persons
59 eligible under subsection (3) who have significant severe and
60 chronic disabilities to obtain or maintain competitive and
61 integrated employment, including self-employment of all kinds
62 and who are eligible under subsection (1). Effective July 1,
63 2008, the Florida Association of Centers for Independent Living
64 shall receive 12 percent of the funds paid to or on behalf of
65 participants from funds to be deposited with the Florida
66 Endowment Foundation for Vocational Rehabilitation pursuant to
67 ss. 320.08068(4)(d) and 413.4021(1) to administer the program.
68 For the purpose of ensuring continuity of services, a memorandum
69 of understanding shall be executed between the parties to cover
70 the period between July 1, 2008, and the execution of the final
71 agreement.
72 (3)(1) In order to be eligible to participate in the
73 program, a person must:
74 (a) Be at least 18 years of age, be a legal resident of
75 this state, and be significantly and chronically disabled.;
76 (b) As determined by a physician, psychologist, or
77 psychiatrist, require a personal care attendant for assistance
78 with or support for at least two activities of daily living as
79 defined in s. 429.02., as determined by a physician,
80 psychologist, or psychiatrist;
81 (c) Require a personal care attendant and, as needed, other
82 support and services in order to accept an offer of employment
83 and commence working or to a job or maintain competitive and
84 integrated substantial gainful employment.; and
85 (d) Be able to acquire and direct the support and services
86 provided pursuant to this section, including the services of a
87 personal care attendant.
88 (4)(2)(a) The Florida Association of Centers for
89 Independent Living shall provide program participants with
90 appropriate training to program participants on the hiring and
91 management of managing a personal care attendant and on other
92 self-advocacy skills needed to effectively access and manage the
93 support and services provided under this section. and,
94 (b) In cooperation with the oversight committee established
95 in subsection (6), the Florida Association of Centers for
96 Independent Living shall oversight group described in paragraph
97 (b), adopt and, as necessary, revise the policies and procedures
98 governing the operation of the personal care attendant program
99 and the training program required in paragraph (a); however, the
100 maximum monthly reimbursement provided to program participants
101 is subject to approval by the oversight committee. The Florida
102 Association of Centers for Independent Living shall also provide
103 technical assistance to program participants and administrative
104 support services to the program and the oversight committee and
105 shall implement appropriate internal financial controls to
106 ensure program integrity.
107 (5) The James Patrick Memorial Work Incentive Personal
108 Attendant Services and Employment Assistance Program shall
109 reimburse the Florida Association of Centers for Independent
110 Living monthly for payments made to program participants and for
111 costs associated with program administration and oversight in
112 accordance with the annual operating budget approved by the
113 oversight committee established pursuant to subsection (6). The
114 annual operating budget for costs associated with program
115 administration and oversight may not exceed 12 percent of the
116 funds deposited with the Florida Endowment Foundation for
117 Vocational Rehabilitation pursuant to ss. 320.08068(4)(d) and
118 413.4021(1) for the previous fiscal year or the budget approved
119 for the previous fiscal year, whichever amount is greater.
120 (6) The Oversight Committee for the James Patrick Memorial
121 Work Incentive Personal Attendant Services and Employment
122 Assistance Program is established for the purpose of providing
123 program oversight, approving the maximum monthly reimbursement
124 available to program participants, advising the Florida
125 Association of Centers for Independent Living on policies and
126 procedures, and approving the program’s annual operating budget
127 for administration and oversight. The oversight committee shall
128 also approve and maintain the schedule of eligible services for
129 which program participants may be reimbursed subject to the
130 requirements and limitations of paragraph (3)(c) which, at a
131 minimum, must include personal care attendant services.
132 (a) The oversight committee shall consist of the following
133 members:
134 1. The director of the Division of Vocational
135 Rehabilitation or his or her designee;
136 2. A human resources professional or an individual who has
137 significant experience managing and operating a business based
138 in this state, appointed by the Speaker of the House of
139 Representatives;
140 3. A program participant, appointed by the President of the
141 Senate;
142 4. The director of the advisory council on brain and spinal
143 cord injuries or his or her designee; and
144 5. A financial management professional, appointed by the
145 Governor.
146 (b) The appointed members shall serve for a term concurrent
147 with the term of the official who made the appointment and shall
148 serve at the pleasure of such official.
149 (b) The oversight group shall include, but need not be
150 limited to, a member of the Florida Association of Centers for
151 Independent Living, a person who is participating in the
152 program, and one representative each from the Department of
153 Revenue, the Department of Children and Families, the Division
154 of Vocational Rehabilitation in the Department of Education, the
155 Medicaid program in the Agency for Health Care Administration,
156 the Florida Endowment Foundation for Vocational Rehabilitation,
157 and the Brain and Spinal Cord Injury Program in the Department
158 of Health.
159 Section 2. Subsection (1) of section 413.4021, Florida
160 Statutes, is amended to read:
161 413.4021 Program participant selection; tax collection
162 enforcement diversion program.—The Department of Revenue, in
163 coordination with the Florida Association of Centers for
164 Independent Living and the Florida Prosecuting Attorneys
165 Association, shall select judicial circuits in which to operate
166 the program. The association and the state attorneys’ offices
167 shall develop and implement a tax collection enforcement
168 diversion program, which shall collect revenue due from persons
169 who have not remitted their collected sales tax. The criteria
170 for referral to the tax collection enforcement diversion program
171 shall be determined cooperatively between the state attorneys’
172 offices and the Department of Revenue.
173 (1) Notwithstanding the provisions of s. 212.20, 50 percent
174 of the revenues collected from the tax collection enforcement
175 diversion program shall be deposited into the special reserve
176 account of the Florida Endowment Foundation for Vocational
177 Rehabilitation, to be used to administer the James Patrick
178 Memorial Work Incentive Personal care Attendant Services and
179 Employment Assistance Program and to contract with the state
180 attorneys participating in the tax collection enforcement
181 diversion program in an amount of not more than $75,000 $50,000
182 for each state attorney.
183 Section 3. Paragraph (d) of subsection (4) of section
184 320.08068, Florida Statutes, is amended to read:
185 320.08068 Motorcycle specialty license plates.—
186 (4) A license plate annual use fee of $20 shall be
187 collected for each motorcycle specialty license plate. Annual
188 use fees shall be distributed to The Able Trust as custodial
189 agent. The Able Trust may retain a maximum of 10 percent of the
190 proceeds from the sale of the license plate for administrative
191 costs. The Able Trust shall distribute the remaining funds as
192 follows:
193 (d) Twenty percent to the Florida Endowment Foundation for
194 Vocational Rehabilitation to support the James Patrick Memorial
195 Work Incentive Personal Care Attendant Services and Employment
196 Assistance Program pursuant to s. 413.402.
197 Section 4. This act shall take effect July 1, 2016.