Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1260
       
       
       
       
       
       
                                Ì937890FÎ937890                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/02/2015           .                                
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       The Committee on Children, Families, and Elder Affairs (Garcia)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (2) of section
    6  413.208, Florida Statutes, is amended to read:
    7         413.208 Service providers; quality assurance; fitness for
    8  responsibilities; background screening.—
    9         (2)
   10         (b) Level 2 background screening pursuant to chapter 435 is
   11  not required for the following persons:
   12         1. A licensed physician, nurse, or other professional who
   13  is licensed by the Department of Health and who has undergone
   14  fingerprinting and background screening as part of such
   15  licensure if providing a service that is within the scope of her
   16  or his licensed practice.
   17         2. A relative of the vulnerable person receiving services.
   18  For purposes of this section, the term “relative” means an
   19  individual who is the father, mother, stepfather, stepmother,
   20  son, daughter, brother, sister, grandmother, grandfather, great
   21  grandmother, great-grandfather, grandson, granddaughter, uncle,
   22  aunt, first cousin, nephew, niece, husband, wife, father-in-law,
   23  mother-in-law, son-in-law, daughter-in-law, brother-in-law,
   24  sister-in-law, stepson, stepdaughter, stepbrother, stepsister,
   25  half-brother, or half-sister of the vulnerable person.
   26         3. A volunteer for a center for independent living
   27  designated in the state plan for independent living developed
   28  pursuant to Title VII(A) of the Rehabilitation Act of 1973, as
   29  amended, who assists on an intermittent basis for less than 10
   30  hours per month does not have to be screened if a provider’s
   31  employee is always present and has the volunteer within his or
   32  her line of sight.
   33         Section 2. Section 413.402, Florida Statutes, is amended to
   34  read:
   35         413.402 Personal care attendant and employment assistance
   36  program.—The Florida Endowment Foundation for Vocational
   37  Rehabilitation shall maintain enter into an agreement, no later
   38  than October 1, 2008, with the Florida Association of Centers
   39  for Independent Living to administer the James Patrick Memorial
   40  Work Incentive Personal Attendant Services and Employment
   41  Assistance Program. The program shall to provide personal care
   42  attendants and other support and services necessary to enable to
   43  persons eligible under subsection (2) who have severe and
   44  chronic disabilities of any kind to obtain or maintain
   45  competitive employment, including self-employment all kinds and
   46  who are eligible under subsection (1). Effective July 1, 2008,
   47  The Florida Association of Centers for Independent Living shall
   48  receive 12 percent of the funds paid to or on behalf of
   49  participants from funds to be deposited with the Florida
   50  Endowment Foundation for Vocational Rehabilitation pursuant to
   51  ss. 320.08068(4)(d) and 413.4021(1) to administer the program.
   52  For the purpose of ensuring continuity of services, a memorandum
   53  of understanding shall be executed between the parties to cover
   54  the period between July 1, 2008, and the execution of the final
   55  agreement.
   56         (1) As used in this section, the term “competitive
   57  employment” means employment in the public or private sector
   58  earning comparable wages and benefits, consistent with the
   59  person’s qualifications and experience, in comparable working
   60  conditions to those experienced by the general workforce in that
   61  industry or profession.
   62         (2)(1) In order to be eligible to participate in the
   63  program, a person must meet the following requirements:
   64         (a) Be at least 18 years of age, be a legal resident of
   65  this state, and be significantly and chronically disabled.;
   66         (b) As determined by a physician, psychologist, or
   67  psychiatrist, require a personal care attendant for assistance
   68  with or support for at least two activities of daily living as
   69  defined in s. 429.02., as determined by a physician,
   70  psychologist, or psychiatrist;
   71         (c) Require a personal care attendant and may require other
   72  support and services, in order to accept an offer of imminent
   73  employment, commence working, or a job or maintain competitive
   74  substantial gainful employment.; and
   75         (d) Be able to acquire and direct the support and services
   76  provided pursuant to this section, including the services of a
   77  personal care attendant.
   78         (3)(2)(a) The Florida Association of Centers for
   79  Independent Living shall provide training, as appropriate, to
   80  program participants on hiring and managing a personal care
   81  attendant and other self-advocacy skills needed to effectively
   82  access and manage the support and services provided under this
   83  section. and,
   84         (b) In consultation cooperation with the advisory group
   85  established in oversight group described in paragraph (c), the
   86  Florida Association of Centers for Independent Living shall (b),
   87  adopt and revise the policies and procedures governing the
   88  operation of the personal care attendant program and the
   89  training program required by paragraph (a).
   90         (c) An advisory group is established to make
   91  recommendations on the development and revision of policies and
   92  procedures related to the provision of services pursuant to this
   93  section. The membership of the advisory committee must
   94         (b) The oversight group shall include, but need not be
   95  limited to, a member of the Florida Association of Centers for
   96  Independent Living, a person who is participating in the
   97  program, and one representative each from the Department of
   98  Revenue, the Department of Children and Families, the Division
   99  of Vocational Rehabilitation in the Department of Education, the
  100  Medicaid program in the Agency for Health Care Administration,
  101  the Florida Endowment Foundation for Vocational Rehabilitation,
  102  and the Brain and Spinal Cord Injury Program in the Department
  103  of Health.
  104         Section 3. Subsection (1) of section 413.4021, Florida
  105  Statutes, is amended to read:
  106         413.4021 Program participant selection; tax collection
  107  enforcement diversion program.—The Department of Revenue, in
  108  coordination with the Florida Association of Centers for
  109  Independent Living and the Florida Prosecuting Attorneys
  110  Association, shall select judicial circuits in which to operate
  111  the program. The association and the state attorneys’ offices
  112  shall develop and implement a tax collection enforcement
  113  diversion program, which shall collect revenue due from persons
  114  who have not remitted their collected sales tax. The criteria
  115  for referral to the tax collection enforcement diversion program
  116  shall be determined cooperatively between the state attorneys’
  117  offices and the Department of Revenue.
  118         (1) Notwithstanding the provisions of s. 212.20, 50 percent
  119  of the revenues collected from the tax collection enforcement
  120  diversion program shall be deposited into the special reserve
  121  account of the Florida Endowment Foundation for Vocational
  122  Rehabilitation, to be used to administer the personal care
  123  attendant program and to contract with the state attorneys
  124  participating in the tax collection enforcement diversion
  125  program in an amount of not more than $75,000 $50,000 for each
  126  state attorney.
  127         Section 4. Paragraph (d) of subsection (4) of section
  128  320.08068, Florida Statutes, is amended to read:
  129         320.08068 Motorcycle specialty license plates.—
  130         (4) A license plate annual use fee of $20 shall be
  131  collected for each motorcycle specialty license plate. Annual
  132  use fees shall be distributed to The Able Trust as custodial
  133  agent. The Able Trust may retain a maximum of 10 percent of the
  134  proceeds from the sale of the license plate for administrative
  135  costs. The Able Trust shall distribute the remaining funds as
  136  follows:
  137         (d) Twenty percent to the Foundation for Vocational
  138  Rehabilitation to support the James Patrick Memorial Work
  139  Incentive Personal Care Attendant Services and Employment
  140  Assistance Program pursuant to s. 413.402.
  141         Section 5. This act shall take effect July 1, 2015.
  142  
  143  ================= T I T L E  A M E N D M E N T ================
  144  And the title is amended as follows:
  145         Delete everything before the enacting clause
  146  and insert:
  147                        A bill to be entitled                      
  148         An act relating to Florida Centers for Independent
  149         Living; amending s. 413.208, F.S.; providing that
  150         certain volunteers for centers for independent living
  151         do not have to undergo background screening; amending
  152         s. 413.402, F.S.; requiring that a specified agreement
  153         be maintained; renaming the James Patrick Memorial
  154         Work Incentive Personal Attendant Services Program as
  155         the James Patrick Memorial Work Incentive Personal
  156         Attendant Services and Employment Assistance Program;
  157         expanding the scope of, and support and services
  158         provided by, the program; defining a term; revising
  159         eligibility requirements; requiring the association,
  160         in consultation with the advisory group, to adopt and
  161         revise certain policies and procedures; replacing an
  162         existing oversight group with an advisory group;
  163         amending s. 413.4021, F.S.; revising the maximum
  164         amount of specified funds for each attorney which may
  165         be used to administer the personal attendant program
  166         and to contract with the state attorneys participating
  167         in the tax collection enforcement diversion program;
  168         amending s. 320.08068, F.S.; conforming a provision to
  169         changes made by the act; providing an effective date.