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.