Senate Bill sb1608c1

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    Florida Senate - 2001                           CS for SB 1608

    By the Committee on Children and Families; and Senator
    Mitchell




    300-1765B-01

  1                      A bill to be entitled

  2         An act relating to persons with disabilities;

  3         creating s. 413.402, F.S.; directing the

  4         Florida Association of Centers for Independent

  5         Living to develop a personal-care-attendant

  6         pilot program to serve persons having spinal

  7         cord injuries; providing for memorandums of

  8         understanding with specified entities;

  9         providing eligibility for pilot-program

10         participation; providing for selection and

11         training of participants and personal-care

12         attendants; providing for assessment of

13         participants for work-related training

14         programs; providing for development of a plan

15         for program implementation; requiring a report

16         to the Legislature; providing for

17         implementation by a specified date; directing

18         the Department of Revenue to develop and

19         implement a tax collection enforcement

20         diversion program in specified counties;

21         providing for coordination with the Florida

22         Association of Centers for Independent Living

23         and the state attorneys' offices; providing for

24         deposit and use of funds collected; directing

25         the Revenue Estimating Conference to make

26         certain annual projections; providing an

27         appropriation; providing an effective date.

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29  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2001                           CS for SB 1608
    300-1765B-01




  1         Section 1.  Section 413.402, Florida Statutes, is

  2  created to read:

  3         413.402  Personal-care-attendant pilot program.--The

  4  Florida Association of Centers for Independent Living shall

  5  develop a pilot program to provide personal-care attendants to

  6  persons who are eligible pursuant to subsection (1). The

  7  association shall develop memorandums of understanding with

  8  the Department of Revenue, the Brain and Spinal Cord Injury

  9  Program in the Department of Health, the Florida Medicaid

10  program in the Agency for Health Care Administration, the

11  Florida Endowment Foundation for Vocational Rehabilitation,

12  and the Division of Vocational Rehabilitation of the

13  Department of Education.

14         (1)  Persons eligible to participate in the pilot

15  program must:

16         (a)  Be at least 18 years of age and significantly

17  disabled due to a traumatic spinal cord injury;

18         (b)  Have been determined eligible for training

19  services from the Division of Vocational Rehabilitation of the

20  Department of Education; and

21         (c)  Either:

22         1.  Live in a nursing home; or

23         2.  Have moved out of a nursing home within the

24  preceding 180 days due to participation in a Medicaid home and

25  community-based waiver program targeted to persons having

26  brain or spinal cord injuries.

27         (2)  The association shall develop a training program

28  for training persons selected to participate in the pilot

29  program which will prepare each person to manage his or her

30  own personal-care attendant.

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    Florida Senate - 2001                           CS for SB 1608
    300-1765B-01




  1         (3)  The association, in cooperation with the Florida

  2  Endowment Foundation for Vocational Rehabilitation, shall

  3  develop a program to recruit, screen, and select candidates to

  4  be trained as personal-care attendants.

  5         (4)  The association, in cooperation with the Florida

  6  Endowment Foundation for Vocational Rehabilitation, shall

  7  develop a training program for personal-care attendants.

  8         (5)  The association, in cooperation with the Florida

  9  Endowment Foundation for Vocational Rehabilitation, shall

10  establish procedures for selecting persons eligible under

11  subsection (1) to participate in the pilot program.

12         (6)  The association, in cooperation with the Division

13  of Vocational Rehabilitation of the Department of Education,

14  shall assess the selected participants and make

15  recommendations for their placement into appropriate

16  work-related training programs.

17         (7)  The association, in cooperation with the

18  Department of Revenue, the Brain and Spinal Cord Injury

19  Program in the Department of Health, the Florida Medicaid

20  program in the Agency for Health Care Administration, a

21  representative from the state attorney's office in each of the

22  counties participating in the pilot program, the Florida

23  Endowment Foundation for Vocational Rehabilitation, and the

24  Division of Vocational Rehabilitation of the Department of

25  Education, shall develop a plan for implementation of the

26  pilot program.

27         (8)  By January 7, 2002, the association shall present

28  to the President of the Senate and to the Speaker of the House

29  of Representatives the implementation plan for the pilot

30  program. At a minimum, the implementation plan must include

31  the following information:

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    Florida Senate - 2001                           CS for SB 1608
    300-1765B-01




  1         (a)  A timeline for implementation, including the

  2  expiration date of the pilot program;

  3         (b)  Estimates of the number of participants to be

  4  served;

  5         (c)  The sites selected to implement the pilot program,

  6  and the rationale for their selection;

  7         (d)  The anticipated amount of collections by county

  8  for fiscal year 2002-2003 under the tax collection diversion

  9  program;

10         (e)  Cost projections for each component of the pilot

11  program; and

12         (f)  Method for and costs associated with an

13  independent evaluation of the pilot program.

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15  The pilot program shall be implemented by July 1, 2002, unless

16  there is specific legislative action to the contrary.

17         Section 2.  The Department of Revenue, in coordination

18  with the the Florida Association of Centers for Independent

19  Living and the state attorneys' offices in Duval, Miami-Dade,

20  Broward, Orange, and Hillsborough Counties, shall develop and

21  implement a tax collection enforcement diversion program that

22  shall collect revenue due from persons who have not remitted

23  their collected sales tax. The criteria for referral to the

24  tax collection enforcement diversion program shall be

25  determined cooperatively between the state attorney's office

26  in each county and the Department of Revenue.

27         (1)  Twenty-five percent of the revenues collected from

28  the tax collection enforcement diversion program shall be

29  deposited into the operating account of the Florida Endowment

30  Foundation for Vocational Rehabilitation, to be used to

31  implement the personal-care-attendant pilot program.

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    Florida Senate - 2001                           CS for SB 1608
    300-1765B-01




  1         (2)  The pilot program shall operate only from funds

  2  deposited into the operating account of the Florida Endowment

  3  Foundation for Vocational Rehabilitation.

  4         (3)  The Revenue Estimating Conference shall annually

  5  project the amount of funds expected to be generated from the

  6  tax collection enforcement diversion program.

  7         Section 3.  The sum of $250,000 in nonrecurring funds

  8  is appropriated from the Brain and Spinal Cord Injury Program

  9  Trust Fund to the Florida Endowment Foundation for Vocational

10  Rehabilitation for fiscal year 2001-2002 for development of

11  the personal-care-attendant pilot program under section

12  413.402, Florida Statutes.

13         Section 4.  This act shall take effect July 1, 2001.

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    Florida Senate - 2001                           CS for SB 1608
    300-1765B-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1608

  3

  4
    Changes responsibility for developing the Personal Care
  5  Attendant Pilot Program from the Department of Children and
    Family Services to the Florida Association of Centers for
  6  Independent Living.

  7  Broadens the criteria for persons eligible for the Personal
    Care Attendant Pilot Program to include those persons who are
  8  18 years of age or older and have moved out of a nursing home
    within the preceding 180 days to participate in a Medicaid
  9  home and community-based waiver program targeted to persons
    with brain or spinal cord injuries.
10
    Requires an implementation plan to the Legislature by March 1,
11  2002 and provides direction for its content.

12  Identifies Duval, Miami-Dade, Broward, Orange, and
    Hillsborough counties for developing and implementing a tax
13  collection enforcement diversion program.

14  Specifies that criteria for referral to the tax collection
    enforcement diversion program will be determined cooperatively
15  between the state attorneys' offices in the specified counties
    and the Department of Revenue.
16
    States that 25 percent, rather than 10 percent, of the
17  revenues collected from the diversion program will be
    deposited into the operating account of the Florida Endowment
18  Foundation for Vocational Rehabilitation for implementing the
    Personal Care Attendant Program.
19
    Specifies that the pilot program will operate only from funds
20  deposited into the operating account of the Florida Endowment
    Foundation for Vocational Rehabilitation.
21
    Includes an appropriation of $250,000 in nonrecurring funds
22  appropriated from the Brain and Spinal Cord Injury Program
    Trust Fund to the Florida Endowment Foundation for Vocational
23  Rehabilitation for FY 2002-2002 for the development of the
    Personal Care Attendant Pilot Program.
24
    Makes a technical correction regarding the organizational
25  placement of the Division of Vocational Rehabilitation in the
    Department of Education rather than in the Department of Labor
26  and Employment Security.

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