CS for CS for SB 890                             First Engrossed
       
       
       
       
       
       
       
       
       2017890e1
       
    1                        A bill to be entitled                      
    2         An act relating to direct-support organizations;
    3         amending s. 20.058, F.S.; requiring a contract between
    4         an agency and a citizen support organization or
    5         direct-support organization to include a provision for
    6         the orderly cessation of operations and reversion of
    7         state funds within a specified timeframe; amending ss.
    8         318.21, 320.08068, and 320.0848, F.S.; revising
    9         provisions relating to the distribution of proceeds
   10         from civil penalties for traffic infractions, the sale
   11         of motorcycle specialty license plates, and temporary
   12         disabled parking permits, respectively; requiring that
   13         certain proceeds be deposited into the Grants and
   14         Donations Trust Fund of the Division of Vocational
   15         Rehabilitation, instead of the Florida Endowment
   16         Foundation for Vocational Rehabilitation; amending s.
   17         413.402, F.S.; deleting a requirement that a specified
   18         agreement be maintained between the foundation and the
   19         Florida Association of Centers for Independent Living;
   20         requiring the association to administer the James
   21         Patrick Memorial Work Incentive Personal Attendant
   22         Services and Employment Assistance Program; reducing
   23         the maximum percentage of certain funds authorized for
   24         program operation, administration, and oversight;
   25         requiring the program’s oversight council to submit an
   26         annual report to the Governor, Legislature, and
   27         Commissioner of Education by a specified date;
   28         amending s. 413.4021, F.S.; requiring a specified
   29         percentage of certain revenues to be deposited into
   30         the Florida Association of Centers for Independent
   31         Living special reserve account to administer specified
   32         programs; amending s. 413.615, F.S.; requiring
   33         separate accounts for certain funds received from
   34         state sources and public or private sources; providing
   35         requirements for the contract between the Florida
   36         Endowment Foundation for Vocational Rehabilitation and
   37         the Division of Vocational Rehabilitation; providing
   38         additional duties of the foundation; requiring the
   39         foundation to publish certain information on its
   40         website; requiring certain funding allocations to be
   41         subject to a competitive solicitation process;
   42         prohibiting the use of state funds for certain
   43         purposes; specifying data to be included in an annual
   44         report to the Governor, Legislature, and Commissioner
   45         of Education and revising the report submission date;
   46         extending the date for future review and repeal of
   47         provisions relating to the Florida Endowment for
   48         Vocational Rehabilitation Act; requiring the
   49         foundation to transfer funds to specified entities for
   50         certain purposes; providing an effective date.
   51          
   52  Be It Enacted by the Legislature of the State of Florida:
   53  
   54         Section 1. Subsection (4) of section 20.058, Florida
   55  Statutes, is amended to read:
   56         20.058 Citizen support and direct-support organizations.—
   57         (4) Any contract between an agency and a citizen support
   58  organization or direct-support organization must be contingent
   59  upon the organization’s submission and posting of information
   60  pursuant to subsections (1) and (2) and must include a provision
   61  for the orderly cessation of operations and reversion to the
   62  state of state funds held in trust by the organization within 30
   63  days after its authorizing statute is repealed, the contract is
   64  terminated, or the organization is dissolved. If an organization
   65  fails to submit the required information for 2 consecutive
   66  years, the agency head shall terminate any contract between the
   67  agency and the organization.
   68         Section 2. Paragraph (e) of subsection (2) and subsection
   69  (5) of section 318.21, Florida Statutes, are amended to read:
   70         318.21 Disposition of civil penalties by county courts.—All
   71  civil penalties received by a county court pursuant to the
   72  provisions of this chapter shall be distributed and paid monthly
   73  as follows:
   74         (2) Of the remainder:
   75         (e) Two percent shall be remitted to the Department of
   76  Revenue for deposit in the Grants and Donations Trust Fund of
   77  the Division of and transmitted monthly to the Florida Endowment
   78  Foundation for Vocational Rehabilitation of the Department of
   79  Education as provided in s. 413.615.
   80         (5) Of the additional fine assessed under s. 318.18(3)(f)
   81  for a violation of s. 316.1303(1), 60 percent must be remitted
   82  to the Department of Revenue for deposit in the Grants and
   83  Donations Trust Fund of the Division of and transmitted monthly
   84  to the Florida Endowment Foundation for Vocational
   85  Rehabilitation of the Department of Education, and 40 percent
   86  must be distributed pursuant to subsections (1) and (2).
   87         Section 3. Subsection (4) of section 320.08068, Florida
   88  Statutes, is amended to read:
   89         320.08068 Motorcycle specialty license plates.—
   90         (4) A license plate annual use fee of $20 shall be
   91  collected for each motorcycle specialty license plate. Annual
   92  use fees shall be distributed to The Able Trust as custodial
   93  agent. The Able Trust may retain a maximum of 10 percent of the
   94  proceeds from the sale of the license plate for administrative
   95  costs. The Able Trust shall distribute the remaining funds as
   96  follows:
   97         (a) Twenty percent to the Brain and Spinal Cord Injury
   98  Program Trust Fund.
   99         (b) Twenty percent to Prevent Blindness Florida.
  100         (c) Twenty percent to the Blind Services Foundation of
  101  Florida.
  102         (d) Twenty percent to the Florida Association of Centers
  103  for Independent Living Endowment Foundation for Vocational
  104  Rehabilitation to support the James Patrick Memorial Work
  105  Incentive Personal Attendant Services and Employment Assistance
  106  Program pursuant to s. 413.402.
  107         (e) Twenty percent to the Florida Association of Centers
  108  for Independent Living.
  109         Section 4. Paragraph (c) of subsection (4) of section
  110  320.0848, Florida Statutes, is amended to read:
  111         320.0848 Persons who have disabilities; issuance of
  112  disabled parking permits; temporary permits; permits for certain
  113  providers of transportation services to persons who have
  114  disabilities.—
  115         (4) From the proceeds of the temporary disabled parking
  116  permit fees:
  117         (c) The remainder must be distributed monthly as follows:
  118         1. To be deposited in the Grants and Donations Trust Fund
  119  of the Division of the Florida Endowment Foundation for
  120  Vocational Rehabilitation of the Department of Education, known
  121  as “The Able Trust,” for the purpose of improving employment and
  122  training opportunities for persons who have disabilities, with
  123  special emphasis on removing transportation barriers, $4. These
  124  fees must be directly deposited into the Florida Endowment
  125  Foundation for Vocational Rehabilitation as established in s.
  126  413.615.
  127         2. To be deposited in the Transportation Disadvantaged
  128  Trust Fund to be used for funding matching grants to counties
  129  for the purpose of improving transportation of persons who have
  130  disabilities, $5.
  131         Section 5. Section 413.402, Florida Statutes, is amended to
  132  read:
  133         413.402 James Patrick Memorial Work Incentive Personal
  134  Attendant Services and Employment Assistance Program.—The
  135  Florida Endowment Foundation for Vocational Rehabilitation shall
  136  maintain an agreement with the Florida Association of Centers
  137  for Independent Living shall to administer the James Patrick
  138  Memorial Work Incentive Personal Attendant Services and
  139  Employment Assistance Program and shall remit sufficient funds
  140  monthly to meet the requirements of subsection (5).
  141         (1) As used in this section, the term “competitive and
  142  integrated employment” means employment in the public or private
  143  sector in which the employee earns comparable wages and
  144  benefits, commensurate with his or her qualifications and
  145  experience, and works in comparable conditions to those
  146  experienced by the general workforce in that industry or
  147  profession.
  148         (2) The program shall provide personal care attendants and
  149  other support and services necessary to enable persons eligible
  150  under subsection (3) who have significant and chronic
  151  disabilities to obtain or maintain competitive and integrated
  152  employment, including self-employment.
  153         (3) In order to be eligible to participate in the program,
  154  a person must:
  155         (a) Be at least 18 years of age, be a legal resident of
  156  this state, and be significantly and chronically disabled.
  157         (b) As determined by a physician, psychologist, or
  158  psychiatrist, require a personal care attendant for assistance
  159  with or support for at least two activities of daily living as
  160  defined in s. 429.02.
  161         (c) Require a personal care attendant and, as needed, other
  162  support and services to accept an offer of employment and
  163  commence working or to maintain competitive and integrated
  164  employment.
  165         (d) Be able to acquire and direct the support and services
  166  provided pursuant to this section, including the services of a
  167  personal care attendant.
  168         (4)(a) The Florida Association of Centers for Independent
  169  Living shall provide program participants with appropriate
  170  training on the hiring and management of a personal care
  171  attendant and on other self-advocacy skills needed to
  172  effectively access and manage the support and services provided
  173  under this section.
  174         (b) In cooperation with the oversight council created in
  175  subsection (6), the Florida Association of Centers for
  176  Independent Living shall adopt and, as necessary, revise the
  177  policies and procedures governing the operation of the program
  178  and the training required in paragraph (a). The oversight
  179  council shall recommend the maximum monthly reimbursement
  180  provided to program participants. The association shall provide
  181  technical assistance to program participants and administrative
  182  support services to the program and implement appropriate
  183  internal financial controls to ensure program integrity.
  184         (5) The James Patrick Memorial Work Incentive Personal
  185  Attendant Services and Employment Assistance Program shall
  186  reimburse the Florida Association of Centers for Independent
  187  Living monthly for payments made to program participants and for
  188  costs associated with program administration and oversight in
  189  accordance with the annual operating budget approved by the
  190  board of directors of the association, taking into consideration
  191  recommendations made by the oversight council created under
  192  subsection (6). The annual operating budget for costs associated
  193  with activities of the association for program operation,
  194  administration, and oversight may not exceed 10 12 percent of
  195  the funds provided deposited with the Florida Endowment
  196  Foundation for Vocational Rehabilitation pursuant to ss.
  197  320.08068(4)(d) and 413.4021(1) for the previous fiscal year or
  198  the budget approved for the previous fiscal year, whichever
  199  amount is greater.
  200         (6) The James Patrick Memorial Work Incentive Personal
  201  Attendant Services and Employment Assistance Program Oversight
  202  Council is created adjunct to the Department of Education for
  203  the purpose of providing program recommendations, recommending
  204  the maximum monthly reimbursement available to program
  205  participants, advising the Florida Association of Centers for
  206  Independent Living on policies and procedures, and recommending
  207  the program’s annual operating budget for activities of the
  208  association associated with operations, administration, and
  209  oversight. The oversight council shall also advise on and
  210  recommend the schedule of eligible services for which program
  211  participants may be reimbursed subject to the requirements and
  212  limitations of paragraph (3)(c) which, at a minimum, must
  213  include personal care attendant services. The oversight council
  214  shall advise and make its recommendations under this section to
  215  the board of directors of the association. The oversight council
  216  is not subject to the control of or direction by the department,
  217  and the department is not responsible for providing staff
  218  support or paying any expenses incurred by the oversight council
  219  in the performance of its duties.
  220         (a) The oversight council consists of the following
  221  members:
  222         1. The director of the division or his or her designee;
  223         2. A human resources professional or an individual who has
  224  significant experience managing and operating a business based
  225  in this state, recommended by the Florida Chamber of Commerce
  226  and appointed by the Governor;
  227         3. A financial management professional, appointed by the
  228  Governor;
  229         4. A program participant, appointed by the Secretary of
  230  Health or his or her designee;
  231         5. The director of the advisory council on brain and spinal
  232  cord injuries or his or her designee;
  233         6. The director of the Florida Endowment Foundation for
  234  Vocational Rehabilitation or his or her designee; and
  235         7. The director of the Florida Association of Centers for
  236  Independent Living or his or her designee.
  237         (b) The appointed members shall serve for a term concurrent
  238  with the term of the official who made the appointment and shall
  239  serve at the pleasure of such official.
  240         (c) By February 1 of each year, the oversight council shall
  241  submit a report to the Governor, the President of the Senate,
  242  the Speaker of the House of Representatives, and the
  243  Commissioner of Education which summarizes the performance of
  244  the program.
  245         Section 6. Subsections (1) and (2) of section 413.4021,
  246  Florida Statutes, are amended to read:
  247         413.4021 Program participant selection; tax collection
  248  enforcement diversion program.—The Department of Revenue, in
  249  coordination with the Florida Association of Centers for
  250  Independent Living and the Florida Prosecuting Attorneys
  251  Association, shall select judicial circuits in which to operate
  252  the program. The association and the state attorneys’ offices
  253  shall develop and implement a tax collection enforcement
  254  diversion program, which shall collect revenue due from persons
  255  who have not remitted their collected sales tax. The criteria
  256  for referral to the tax collection enforcement diversion program
  257  shall be determined cooperatively between the state attorneys’
  258  offices and the Department of Revenue.
  259         (1) Notwithstanding s. 212.20, 50 percent of the revenues
  260  collected from the tax collection enforcement diversion program
  261  shall be deposited into the special reserve account of the
  262  Florida Association of Centers for Independent Living Endowment
  263  Foundation for Vocational Rehabilitation, to be used to
  264  administer the James Patrick Memorial Work Incentive Personal
  265  Attendant Services and Employment Assistance Program and to
  266  contract with the state attorneys participating in the tax
  267  collection enforcement diversion program in an amount of not
  268  more than $75,000 for each state attorney.
  269         (2) The program shall operate only from funds deposited
  270  into the operating account of the Florida Association of Centers
  271  for Independent Living Endowment Foundation for Vocational
  272  Rehabilitation.
  273         Section 7. Subsections (4), (6), (10), (12), and (14) of
  274  section 413.615, Florida Statutes, are amended, and paragraphs
  275  (j) and (k) are added to subsection (9) of that section, to
  276  read:
  277         413.615 Florida Endowment for Vocational Rehabilitation.—
  278         (4) REVENUE FOR THE ENDOWMENT FUND.—
  279         (a) The endowment fund of the Florida Endowment for
  280  Vocational Rehabilitation is created as a long-term, stable, and
  281  growing source of revenue to be administered, in accordance with
  282  rules promulgated by the division, by the foundation as a
  283  direct-support organization of the division.
  284         (b) The principal of the endowment fund shall derive from
  285  the deposits made pursuant to s. 318.21(2)(e), together with any
  286  legislative appropriations which may be made to the endowment,
  287  and such bequests, gifts, grants, and donations as may be
  288  solicited for such purpose by the foundation from public or
  289  private sources.
  290         (c) All funds remitted to the Department of Revenue
  291  pursuant to s. 318.21(2)(e) and (5) shall be transmitted monthly
  292  to the foundation for use as provided in subsection (10). All
  293  remaining liquid balances of funds held for investment and
  294  reinvestment by the State Board of Administration for the
  295  endowment fund on the effective date of this act shall be
  296  transmitted to the foundation within 60 days for use as provided
  297  in subsection (10).
  298         (d) The board of directors of the foundation shall
  299  establish the operating account and shall deposit therein the
  300  moneys transmitted pursuant to paragraph (c). Moneys in the
  301  operating account shall be available to carry out the purposes
  302  of subsection (10).
  303         (e) Funds received from state sources shall be accounted
  304  for separately from bequests, gifts, grants, and donations which
  305  may be solicited for such purposes by the foundation from public
  306  or private sources. Earnings on funds received from state
  307  sources and funds received from public or private sources shall
  308  be accounted for separately.
  309         (6) DIRECT-SUPPORT ORGANIZATION CONTRACT.—The contract
  310  between the foundation and the division shall provide for:
  311         (a) Approval of the articles of incorporation of the
  312  foundation by the division.
  313         (b) Governance of the foundation by a board of directors
  314  appointed by the Governor.
  315         (c) Submission of an annual budget of the foundation for
  316  approval by the division. The division may not approve an annual
  317  budget that does not comply with paragraph (9)(j).
  318         (d) Certification by the division, after an annual
  319  financial and performance review, that the foundation is
  320  operating in compliance with the terms of the contract and the
  321  rules of the division, and in a manner consistent with the goals
  322  of the Legislature in providing assistance to disabled citizens.
  323         (e) The release and conditions of the expenditure of any
  324  state revenues.
  325         (f) The orderly cessation of operations and reversion to
  326  the state of moneys in the foundation and in any other funds and
  327  accounts held in trust by the foundation if the contract is
  328  terminated, the foundation is dissolved, or this section is
  329  repealed.
  330         (g) The fiscal year of the foundation, to begin on July 1
  331  and end on June 30 of each year.
  332         (9) ORGANIZATION, POWERS, AND DUTIES.—Within the limits
  333  prescribed in this section or by rule of the division:
  334         (j) Administrative costs shall be kept to the minimum
  335  amount necessary for the efficient and effective administration
  336  of the foundation and are limited to 15 percent of total
  337  estimated expenditures in any calendar year. Administrative
  338  costs include payment of travel and per diem expenses of board
  339  members, officer salaries, chief executive officer program
  340  management, audits, salaries or other costs for nonofficers and
  341  contractors providing services that are not directly related to
  342  the mission of the foundation as described in subsection (5),
  343  costs of promoting the purposes of the foundation, and other
  344  allowable costs. Administrative costs may be paid from the
  345  following sources:
  346         1. Interest and earnings on the endowment principal for the
  347  2017-2018 fiscal year.
  348         2. Private sources and up to 75 percent of interest and
  349  earnings on the endowment principal for the 2018-2019 fiscal
  350  year.
  351         3. Private sources and up to 50 percent of interest and
  352  earnings on the endowment principal for the 2019-2020 fiscal
  353  year.
  354         4. Private sources and up to 25 percent of interest and
  355  earnings on the endowment principal for the 2020-2021 fiscal
  356  year.
  357         5. Solely private sources for the 2021-2022 fiscal year and
  358  thereafter.
  359         (k) The foundation shall publish on its website:
  360         1. The annual audit required by subsection (11) and the
  361  annual report required by subsection (12).
  362         2. For each position filled by an officer or employee, the
  363  position’s compensation level.
  364         3. A copy of each contract into which the foundation
  365  enters.
  366         4. Information on each program, gift, or grant funded by
  367  the foundation, including:
  368         a. Projected economic benefits at the time of the initial
  369  award date.
  370         b. Information describing the program, gift, or grant
  371  funded.
  372         c. The geographic area impacted.
  373         d. Any matching, in-kind support or other support.
  374         e. The expected duration.
  375         f. Evaluation criteria.
  376         5. The foundation’s contract with the division required by
  377  subsection (6).
  378         (10) DISTRIBUTION OF MONEYS.—The board shall use the moneys
  379  in the operating account, by whatever means, to provide for:
  380         (a) Planning, research, and policy development for issues
  381  related to the employment and training of disabled citizens, and
  382  publication and dissemination of such information as may serve
  383  the objectives of this section.
  384         (b) Promotion of initiatives for disabled citizens.
  385         (c) Funding of programs which engage in, contract for,
  386  foster, finance, or aid in job training and counseling for
  387  disabled citizens or research, education, demonstration, or
  388  other activities related thereto.
  389         (d) Funding of programs which engage in, contract for,
  390  foster, finance, or aid in activities designed to advance better
  391  public understanding and appreciation of the field of vocational
  392  rehabilitation.
  393         (e) Funding of programs, property, or facilities which aid,
  394  strengthen, and extend in any proper and useful manner the
  395  objectives, work, services, and physical facilities of the
  396  division, in accordance with the purposes of this section.
  397  
  398  Any allocation of funds for research, advertising, or consulting
  399  shall be subject to a competitive solicitation process. State
  400  funds may not be used to fund events for private sector donors
  401  or potential donors or to honor supporters.
  402         (12) ANNUAL REPORT.—The board shall issue a report to the
  403  Governor, the President of the Senate, the Speaker of the House
  404  of Representatives, and the Commissioner of Education by
  405  December 30 February 1 each year, summarizing the performance of
  406  the endowment fund for the previous fiscal year, summarizing the
  407  foundation’s fundraising activities and performance, and
  408  detailing those activities and programs supported by the
  409  endowment principal or earnings on the endowment principal and
  410  those activities and programs supported by private sources, or
  411  by bequests, gifts, grants, donations, and other valued goods
  412  and services received. The report shall also include:
  413         (a) Financial data, by service type, including expenditures
  414  for administration and the provision of services.
  415         (b) The amount of funds spent on administrative expenses
  416  and fundraising and the amount of funds raised from private
  417  sources.
  418         (c) Outcome data, including the number of individuals
  419  served and employment outcomes.
  420         (14) REPEAL.—This section is repealed October 1, 2019 2017,
  421  unless reviewed and saved from repeal by the Legislature.
  422         Section 8. The Florida Endowment Foundation for Vocational
  423  Rehabilitation shall transfer any funds received pursuant to s.
  424  320.08068(4), Florida Statutes, to the entities identified in s.
  425  320.08068(4)(a)-(e), Florida Statutes, in accordance with the
  426  requirements of this act. Any funds held in the special reserve
  427  account under s. 413.4021(1), Florida Statutes, to administer
  428  the James Patrick Memorial Work Incentive Personal Attendant
  429  Services and Employment Assistance Program shall be immediately
  430  transferred to the Florida Association of Centers for
  431  Independent Living to provide for continuity of participant
  432  payments and essential program operations.
  433         Section 9. This act shall take effect July 1, 2017.