Florida Senate - 2016 CS for SB 202
By the Committee on Children, Families, and Elder Affairs; and
Senator Bean
586-00776-16 2016202c1
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 consultation
13 with the Advisory and Oversight Committee, to adopt
14 and revise certain policies and procedures and to
15 provide technical assistance and support under certain
16 circumstances; requiring the program to reimburse the
17 Florida Association of Centers for Independent Living
18 for certain costs approved by the Advisory and
19 Oversight Committee; prohibiting such reimbursement
20 from exceeding a certain amount; establishing the
21 Advisory and Oversight Committee for the James Patrick
22 Memorial Work Incentive Personal Attendant Services
23 and Employment Assistance Program; providing the
24 committee’s purpose; providing for committee
25 membership; amending s. 413.4021, F.S.; revising the
26 maximum amount of specified funds for each state
27 attorney which may be used to administer the personal
28 attendant and employment assistance program and to
29 contract with the state attorneys participating in the
30 tax collection enforcement diversion program; amending
31 s. 320.08068, F.S.; making a technical change;
32 conforming a provision to changes made by the act;
33 providing an effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Section 413.402, Florida Statutes, is amended to
38 read:
39 413.402 James Patrick Memorial Work Incentive Personal care
40 Attendant Services and Employment Assistance Program.—The
41 Florida Endowment Foundation for Vocational Rehabilitation shall
42 maintain enter into an agreement, no later than October 1, 2008,
43 with the Florida Association of Centers for Independent Living
44 to administer the James Patrick Memorial Work Incentive Personal
45 Attendant Services and Employment Assistance Program and shall
46 remit sufficient funds monthly to meet the requirements of
47 subsection (5).
48 (1) As used in this section, the term “competitive
49 employment” means employment in the public or private sector in
50 which the employee earns comparable wages and benefits,
51 commensurate with his or her qualifications and experience, and
52 works in comparable conditions to those experienced by the
53 general workforce in that industry or profession.
54 (2) The program shall to provide personal care attendants
55 and other support and services necessary to enable to persons
56 eligible under subsection (3) who have significant severe and
57 chronic disabilities to obtain or maintain competitive
58 employment, including self-employment of all kinds and who are
59 eligible under subsection (1). Effective July 1, 2008, The
60 Florida Association of Centers for Independent Living shall
61 receive 12 percent of the funds paid to or on behalf of
62 participants from funds to be deposited with the Florida
63 Endowment Foundation for Vocational Rehabilitation pursuant to
64 ss. 320.08068(4)(d) and 413.4021(1) to administer the program.
65 For the purpose of ensuring continuity of services, a memorandum
66 of understanding shall be executed between the parties to cover
67 the period between July 1, 2008, and the execution of the final
68 agreement.
69 (3)(1) In order to be eligible to participate in the
70 program, a person must:
71 (a) Be at least 18 years of age, be a legal resident of
72 this state, and be significantly and chronically disabled.;
73 (b) As determined by a physician, psychologist, or
74 psychiatrist, require a personal care attendant for assistance
75 with or support for at least two activities of daily living as
76 defined in s. 429.02., as determined by a physician,
77 psychologist, or psychiatrist;
78 (c) Require a personal care attendant and, as needed, other
79 support and services in order to accept an offer of employment
80 and commence working or to a job or maintain competitive
81 substantial gainful employment.; and
82 (d) Be able to acquire and direct the support and services
83 provided pursuant to this section, including the services of a
84 personal care attendant.
85 (4)(2)(a) The Florida Association of Centers for
86 Independent Living shall provide program participants with
87 appropriate training to program participants on the hiring and
88 management of managing a personal care attendant and on other
89 self-advocacy skills needed to effectively access and manage the
90 support and services provided under this section. and,
91 (b) In consultation cooperation with the Advisory and
92 Oversight Committee established in subsection (6), the Florida
93 Association of Centers for Independent Living shall oversight
94 group described in paragraph (b), adopt new and revised and
95 revise the policies and procedures governing the operation of
96 the personal care attendant program and the training program
97 required in paragraph (a), provide technical assistance to
98 program participants, provide administrative support services
99 for the program, including the implementation of appropriate
100 internal financial controls to ensure program integrity, and
101 provide administrative support for the Advisory and Oversight
102 Committee.
103 (5) The James Patrick Memorial Work Incentive Personal
104 Attendant Services and Employment Assistance Program shall
105 reimburse the Florida Association of Centers for Independent
106 Living monthly for payments made to program participants and for
107 costs associated with program administration and oversight in
108 accordance with the annual operating budget approved by the
109 Advisory and Oversight Committee established pursuant to
110 subsection (6). Such costs may not exceed 12 percent of the
111 funds deposited with the Florida Endowment Foundation for
112 Vocational Rehabilitation pursuant to ss. 320.08068(4)(d) and
113 413.4021(1).
114 (6) The Advisory and Oversight Committee for the James
115 Patrick Memorial Work Incentive Personal Attendant Services and
116 Employment Assistance Program is established for the purpose of
117 providing program oversight, advising the Florida Association of
118 Centers for Independent Living on policies and procedures, and
119 approving the program’s annual operating budget for
120 administration and oversight.
121 (a) The committee shall consist of the following members:
122 1. The director of the Division of Vocational
123 Rehabilitation or his or her designee;
124 2. The executive director of the Department of Revenue or
125 his or her designee;
126 3. The secretary of the Department of Children and Families
127 or his or her designee;
128 4. The director of the advisory council on brain and spinal
129 cord injuries or his or her designee;
130 5. A program participant, appointed by the President of the
131 Senate;
132 6. A member of the Florida Independent Living Council,
133 appointed by the Speaker of the House of Representatives;
134 7. A financial management professional, appointed by the
135 Governor; and
136 8. Two ex officio, nonvoting members, one of whom
137 designated by the chair of the Florida Endowment Foundation for
138 Vocational Rehabilitation, and the other designated by the chair
139 of the Florida Association of Centers for Independent Living.
140 (b) The appointed members shall serve for a term concurrent
141 with the term of the official who made the appointment and shall
142 serve at the pleasure of such official.
143 (b) The oversight group shall include, but need not be
144 limited to, a member of the Florida Association of Centers for
145 Independent Living, a person who is participating in the
146 program, and one representative each from the Department of
147 Revenue, the Department of Children and Families, the Division
148 of Vocational Rehabilitation in the Department of Education, the
149 Medicaid program in the Agency for Health Care Administration,
150 the Florida Endowment Foundation for Vocational Rehabilitation,
151 and the Brain and Spinal Cord Injury Program in the Department
152 of Health.
153 Section 2. Subsection (1) of section 413.4021, Florida
154 Statutes, is amended to read:
155 413.4021 Program participant selection; tax collection
156 enforcement diversion program.—The Department of Revenue, in
157 coordination with the Florida Association of Centers for
158 Independent Living and the Florida Prosecuting Attorneys
159 Association, shall select judicial circuits in which to operate
160 the program. The association and the state attorneys’ offices
161 shall develop and implement a tax collection enforcement
162 diversion program, which shall collect revenue due from persons
163 who have not remitted their collected sales tax. The criteria
164 for referral to the tax collection enforcement diversion program
165 shall be determined cooperatively between the state attorneys’
166 offices and the Department of Revenue.
167 (1) Notwithstanding the provisions of s. 212.20, 50 percent
168 of the revenues collected from the tax collection enforcement
169 diversion program shall be deposited into the special reserve
170 account of the Florida Endowment Foundation for Vocational
171 Rehabilitation, to be used to administer the James Patrick
172 Memorial Work Incentive Personal care Attendant Services and
173 Employment Assistance Program and to contract with the state
174 attorneys participating in the tax collection enforcement
175 diversion program in an amount of not more than $75,000 $50,000
176 for each state attorney.
177 Section 3. Paragraph (d) of subsection (4) of section
178 320.08068, Florida Statutes, is amended to read:
179 320.08068 Motorcycle specialty license plates.—
180 (4) A license plate annual use fee of $20 shall be
181 collected for each motorcycle specialty license plate. Annual
182 use fees shall be distributed to The Able Trust as custodial
183 agent. The Able Trust may retain a maximum of 10 percent of the
184 proceeds from the sale of the license plate for administrative
185 costs. The Able Trust shall distribute the remaining funds as
186 follows:
187 (d) Twenty percent to the Florida Endowment Foundation for
188 Vocational Rehabilitation to support the James Patrick Memorial
189 Work Incentive Personal Care Attendant Services and Employment
190 Assistance Program pursuant to s. 413.402.
191 Section 4. This act shall take effect July 1, 2016.