Florida Senate - 2016                       CS for CS for SB 202
       
       
        
       By the Committees on Fiscal Policy; and Children, Families, and
       Elder Affairs; and Senator Bean
       
       594-02689-16                                           2016202c2
    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         between the Florida Endowment Foundation for
    6         Vocational Rehabilitation and the Florida Association
    7         of Centers for Independent Living; renaming the James
    8         Patrick Memorial Work Incentive Personal Attendant
    9         Services Program as the James Patrick Memorial Work
   10         Incentive Personal Attendant Services and Employment
   11         Assistance Program; defining a term; requiring the
   12         program to provide additional support and services;
   13         revising eligibility requirements; expanding the kinds
   14         of training required; requiring the association, in
   15         cooperation with the oversight council for the James
   16         Patrick Memorial Work Incentive Personal Attendant
   17         Services and Employment Assistance Program, to adopt
   18         and revise certain policies and procedures and to
   19         provide technical assistance and support under certain
   20         circumstances; requiring that the oversight council
   21         recommend the maximum monthly reimbursement provided
   22         to program participants; requiring the program to
   23         reimburse the Florida Association of Centers for
   24         Independent Living for certain costs approved by the
   25         center’s board of directors, taking into consideration
   26         certain recommendations; prohibiting the program’s
   27         operation, administration, and oversight from
   28         exceeding a certain percentage of the annual operating
   29         budget; creating the James Patrick Memorial Work
   30         Incentive Personal Attendant Services and Employment
   31         Assistance Program Oversight Council adjunct to the
   32         Department of Education; providing the council’s
   33         purpose; providing for council membership; amending s.
   34         413.4021, F.S.; revising the maximum amount of
   35         specified funds for each state attorney which may be
   36         used to administer the personal attendant and
   37         employment assistance program and to contract with the
   38         state attorneys participating in the tax collection
   39         enforcement diversion program; amending s. 320.08068,
   40         F.S.; making a technical change; conforming a
   41         provision to changes made by the act; providing an
   42         effective date.
   43          
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Section 413.402, Florida Statutes, is amended to
   47  read:
   48         413.402 James Patrick Memorial Work Incentive Personal care
   49  Attendant Services and Employment Assistance Program.—The
   50  Florida Endowment Foundation for Vocational Rehabilitation shall
   51  maintain enter into an agreement, no later than October 1, 2008,
   52  with the Florida Association of Centers for Independent Living
   53  to administer the James Patrick Memorial Work Incentive Personal
   54  Attendant Services and Employment Assistance Program and shall
   55  remit sufficient funds monthly to meet the requirements of
   56  subsection (5).
   57         (1) As used in this section, the term “competitive and
   58  integrated employment” means employment in the public or private
   59  sector in which the employee earns comparable wages and
   60  benefits, commensurate with his or her qualifications and
   61  experience, and works in comparable conditions to those
   62  experienced by the general workforce in that industry or
   63  profession.
   64         (2)The program shall to provide personal care attendants
   65  and other support and services necessary to enable to persons
   66  eligible under subsection (3) who have significant severe and
   67  chronic disabilities to obtain or maintain competitive and
   68  integrated employment, including self-employment of all kinds
   69  and who are eligible under subsection (1). Effective July 1,
   70  2008, the Florida Association of Centers for Independent Living
   71  shall receive 12 percent of the funds paid to or on behalf of
   72  participants from funds to be deposited with the Florida
   73  Endowment Foundation for Vocational Rehabilitation pursuant to
   74  ss. 320.08068(4)(d) and 413.4021(1) to administer the program.
   75  For the purpose of ensuring continuity of services, a memorandum
   76  of understanding shall be executed between the parties to cover
   77  the period between July 1, 2008, and the execution of the final
   78  agreement.
   79         (3)(1) In order to be eligible to participate in the
   80  program, a person must:
   81         (a) Be at least 18 years of age, be a legal resident of
   82  this state, and be significantly and chronically disabled.;
   83         (b) As determined by a physician, psychologist, or
   84  psychiatrist, require a personal care attendant for assistance
   85  with or support for at least two activities of daily living as
   86  defined in s. 429.02., as determined by a physician,
   87  psychologist, or psychiatrist;
   88         (c) Require a personal care attendant and, as needed, other
   89  support and services in order to accept an offer of employment
   90  and commence working or to a job or maintain competitive and
   91  integrated substantial gainful employment.; and
   92         (d) Be able to acquire and direct the support and services
   93  provided pursuant to this section, including the services of a
   94  personal care attendant.
   95         (4)(2)(a) The Florida Association of Centers for
   96  Independent Living shall provide program participants with
   97  appropriate training to program participants on the hiring and
   98  management of managing a personal care attendant and on other
   99  self-advocacy skills needed to effectively access and manage the
  100  support and services provided under this section. and,
  101         (b) In cooperation with the oversight council created in
  102  subsection (6), the Florida Association of Centers for
  103  Independent Living shall oversight group described in paragraph
  104  (b), adopt and, as necessary, revise the policies and procedures
  105  governing the operation of the personal care attendant program
  106  and the training required in paragraph (a). The oversight
  107  council shall recommend the maximum monthly reimbursement
  108  provided to program participants. The association shall provide
  109  technical assistance to program participants and administrative
  110  support services to the program and implement appropriate
  111  internal financial controls to ensure program integrity program.
  112         (5) The James Patrick Memorial Work Incentive Personal
  113  Attendant Services and Employment Assistance Program shall
  114  reimburse the Florida Association of Centers for Independent
  115  Living monthly for payments made to program participants and for
  116  costs associated with program administration and oversight in
  117  accordance with the annual operating budget approved by the
  118  board of directors of the association, taking into consideration
  119  recommendations made by the oversight council created under
  120  subsection (6). The annual operating budget for costs associated
  121  with activities of the association for program operation,
  122  administration, and oversight may not exceed 12 percent of the
  123  funds deposited with the Florida Endowment Foundation for
  124  Vocational Rehabilitation pursuant to ss. 320.08068(4)(d) and
  125  413.4021(1) for the previous fiscal year or the budget approved
  126  for the previous fiscal year, whichever amount is greater.
  127         (6) The James Patrick Memorial Work Incentive Personal
  128  Attendant Services and Employment Assistance Program Oversight
  129  Council is created adjunct to the Department of Education for
  130  the purpose of providing program recommendations, recommending
  131  the maximum monthly reimbursement available to program
  132  participants, advising the Florida Association of Centers for
  133  Independent Living on policies and procedures, and recommending
  134  the program’s annual operating budget for activities of the
  135  association associated with operations, administration, and
  136  oversight. The oversight council shall also advise on and
  137  recommend the schedule of eligible services for which program
  138  participants may be reimbursed subject to the requirements and
  139  limitations of paragraph (3)(c) which, at a minimum, must
  140  include personal care attendant services. The oversight council
  141  shall advise and make its recommendations under this section to
  142  the board of directors of the association. The oversight council
  143  is not subject to the control of or direction by the department,
  144  and the department is not be responsible for providing staff
  145  support or paying any expenses incurred by the oversight council
  146  in the performance of its duties.
  147         (a) The oversight council consists of the following
  148  members:
  149         1. The director of the division or his or her designee;
  150         2. A human resources professional or an individual who has
  151  significant experience managing and operating a business based
  152  in this state, recommended by the Florida Chamber of Commerce
  153  and appointed by the Governor;
  154         3. A financial management professional, appointed by the
  155  Governor;
  156         4. A program participant, appointed by the Secretary of
  157  Health or his or her designee;
  158         5. The director of the advisory council on brain and spinal
  159  cord injuries or his or her designee;
  160         6. The director of the Florida Endowment Foundation for
  161  Vocational Rehabilitation or his or her designee; and
  162         7. The director of the Florida Association of Centers for
  163  Independent Living or his or her designee.
  164         (b) The appointed members shall serve for a term concurrent
  165  with the term of the official who made the appointment and shall
  166  serve at the pleasure of such official.
  167         (b) The oversight group shall include, but need not be
  168  limited to, a member of the Florida Association of Centers for
  169  Independent Living, a person who is participating in the
  170  program, and one representative each from the Department of
  171  Revenue, the Department of Children and Families, the Division
  172  of Vocational Rehabilitation in the Department of Education, the
  173  Medicaid program in the Agency for Health Care Administration,
  174  the Florida Endowment Foundation for Vocational Rehabilitation,
  175  and the Brain and Spinal Cord Injury Program in the Department
  176  of Health.
  177         Section 2. Subsection (1) of section 413.4021, Florida
  178  Statutes, is amended to read:
  179         413.4021 Program participant selection; tax collection
  180  enforcement diversion program.—The Department of Revenue, in
  181  coordination with the Florida Association of Centers for
  182  Independent Living and the Florida Prosecuting Attorneys
  183  Association, shall select judicial circuits in which to operate
  184  the program. The association and the state attorneys’ offices
  185  shall develop and implement a tax collection enforcement
  186  diversion program, which shall collect revenue due from persons
  187  who have not remitted their collected sales tax. The criteria
  188  for referral to the tax collection enforcement diversion program
  189  shall be determined cooperatively between the state attorneys’
  190  offices and the Department of Revenue.
  191         (1) Notwithstanding the provisions of s. 212.20, 50 percent
  192  of the revenues collected from the tax collection enforcement
  193  diversion program shall be deposited into the special reserve
  194  account of the Florida Endowment Foundation for Vocational
  195  Rehabilitation, to be used to administer the James Patrick
  196  Memorial Work Incentive Personal care Attendant Services and
  197  Employment Assistance Program and to contract with the state
  198  attorneys participating in the tax collection enforcement
  199  diversion program in an amount of not more than $75,000 $50,000
  200  for each state attorney.
  201         Section 3. Paragraph (d) of subsection (4) of section
  202  320.08068, Florida Statutes, is amended to read:
  203         320.08068 Motorcycle specialty license plates.—
  204         (4) A license plate annual use fee of $20 shall be
  205  collected for each motorcycle specialty license plate. Annual
  206  use fees shall be distributed to The Able Trust as custodial
  207  agent. The Able Trust may retain a maximum of 10 percent of the
  208  proceeds from the sale of the license plate for administrative
  209  costs. The Able Trust shall distribute the remaining funds as
  210  follows:
  211         (d) Twenty percent to the Florida Endowment Foundation for
  212  Vocational Rehabilitation to support the James Patrick Memorial
  213  Work Incentive Personal Care Attendant Services and Employment
  214  Assistance Program pursuant to s. 413.402.
  215         Section 4. This act shall take effect July 1, 2016.