Senate Bill sb0576c1

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    Florida Senate - 2002                            CS for SB 576

    By the Committee on Health, Aging and Long-Term Care; and
    Senator Wise




    317-1752-02

  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 with spinal cord

  7         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 on a specified date; directing

18         the Department of Revenue to develop and

19         implement a tax collection enforcement

20         diversion program; providing for coordination

21         with the Florida Association of Centers for

22         Independent Living, the Florida Prosecuting

23         Attorneys Association, and the state attorneys'

24         offices; providing for deposit and use of funds

25         collected; directing the Revenue Estimating

26         Conference to make certain annual projections;

27         providing an appropriation; providing an

28         effective date.

29

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

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    Florida Senate - 2002                            CS for SB 576
    317-1752-02




  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 be 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 with brain

26  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 that will prepare each person to manage his or her own

30  personal care attendant.

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    Florida Senate - 2002                            CS for SB 576
    317-1752-02




  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)  No later than March 1, 2003, the association shall

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

29  the House of Representatives the implementation plan for the

30  pilot program, a timeline for implementation, estimates of the

31  number of participants to be served, and cost projections for

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    Florida Senate - 2002                            CS for SB 576
    317-1752-02




  1  each component of the pilot program. The pilot program shall

  2  be implemented beginning July 1, 2003, unless there is

  3  specific legislative action to the contrary.

  4         Section 2.  The Department of Revenue, in coordination

  5  with the the Florida Association of Centers for Independent

  6  Living and the Florida Prosecuting Attorneys Association,

  7  shall select four counties in which to operate the pilot

  8  program. The association and the state attorneys' offices in

  9  Duval County and the four pilot program counties shall develop

10  and implement a tax collection enforcement diversion program,

11  which shall collect revenue due from persons who have not

12  remitted their collected sales tax. The criteria for referral

13  to the tax collection enforcement diversion program shall be

14  determined cooperatively between the state attorneys' offices

15  in those counties and the Department of Revenue.

16         (1)  Notwithstanding the provisions of section 212.20,

17  Florida Statutes, 25 percent of the revenues collected from

18  the tax collection enforcement diversion program shall be

19  deposited into the operating account of the Florida Endowment

20  Foundation for Vocational Rehabilitation, to be used to

21  implement the personal care attendant pilot program.

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

23  deposited into the operating account of the Florida Endowment

24  Foundation for Vocational Rehabilitation.

25         (3)  The Revenue Estimating Conference shall annually

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

27  tax collection enforcement diversion program.

28         Section 3.  There is appropriated from the Brain and

29  Spinal Cord Injury Program Trust Fund to the Florida Endowment

30  Foundation for Vocational Rehabilitation the sum of $250,000

31  in nonrecurring funds for fiscal year 2002-2003 for

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    Florida Senate - 2002                            CS for SB 576
    317-1752-02




  1  development of the personal care attendant pilot program under

  2  section 413.402, Florida Statutes. The initial $50,000 from

  3  each of the pilot program counties and Duval County deposited

  4  with the Florida Endowment Foundation for Vocational

  5  Rehabilitation shall be used to repay the $250,000 to the

  6  Brain and Spinal Cord Injury Program Trust Fund.

  7         Section 4.  This act shall take effect July 1, 2002.

  8

  9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 576

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12  The Committee Substitute clarifies that the pilot projects are
    to operate in four counties; that the distribution of sales
13  tax funds recovered through a tax collection enforcement
    diversion program are notwithstanding the regular sales tax
14  distribution provisions of s. 212.20, F.S.; and that the
    initial $50,000 from each of the pilot program counties and
15  Duval County is to be used to repay the Brain and Spinal Cord
    Injury Program Trust Fund.
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