Bill Amendment: FL S0202 | 2016 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Florida Association of Centers for Independent Living

Status: 2016-03-10 - Chapter No. 2016-30 [S0202 Detail]

Download: Florida-2016-S0202-Senate_Committee_Amendment_741346.html

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       Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 202
       
       
       
       
       
       
                                Ì741346+Î741346                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  10/08/2015           .                                
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       The Committee on Children, Families, and Elder Affairs (Hutson)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 65 - 128
    4  and insert:
    5  Attendant Services and Employment Assistance Program and shall
    6  remit sufficient funds monthly to meet the requirements of
    7  subsection (5).
    8         (1) As used in this section, the term “competitive
    9  employment” means employment in the public or private sector in
   10  which the employee earns comparable wages and benefits,
   11  commensurate with his or her qualifications and experience, and
   12  works in comparable conditions to those experienced by the
   13  general workforce in that industry or profession.
   14         (2) The program shall to provide personal care attendants
   15  and other support and services necessary to enable to persons
   16  eligible under subsection (3) who have significant severe and
   17  chronic disabilities to obtain or maintain competitive
   18  employment, including self-employment of all kinds and who are
   19  eligible under subsection (1). Effective July 1, 2008, The
   20  Florida Association of Centers for Independent Living shall
   21  receive 12 percent of the funds paid to or on behalf of
   22  participants from funds to be deposited with the Florida
   23  Endowment Foundation for Vocational Rehabilitation pursuant to
   24  ss. 320.08068(4)(d) and 413.4021(1) to administer the program.
   25  For the purpose of ensuring continuity of services, a memorandum
   26  of understanding shall be executed between the parties to cover
   27  the period between July 1, 2008, and the execution of the final
   28  agreement.
   29         (3)(1) In order to be eligible to participate in the
   30  program, a person must:
   31         (a) Be at least 18 years of age, be a legal resident of
   32  this state, and be significantly and chronically disabled.;
   33         (b) As determined by a physician, psychologist, or
   34  psychiatrist, require a personal care attendant for assistance
   35  with or support for at least two activities of daily living as
   36  defined in s. 429.02., as determined by a physician,
   37  psychologist, or psychiatrist;
   38         (c) Require a personal care attendant and, as needed, other
   39  support and services in order to accept an offer of employment
   40  and commence working or to a job or maintain competitive
   41  substantial gainful employment.; and
   42         (d) Be able to acquire and direct the support and services
   43  provided pursuant to this section, including the services of a
   44  personal care attendant.
   45         (4)(2)(a) The Florida Association of Centers for
   46  Independent Living shall provide program participants with
   47  appropriate training to program participants on the hiring and
   48  management of managing a personal care attendant and on other
   49  self-advocacy skills needed to effectively access and manage the
   50  support and services provided under this section. and,
   51         (b) In consultation cooperation with the Advisory and
   52  Oversight Committee established in subsection (6), the Florida
   53  Association of Centers for Independent Living shall oversight
   54  group described in paragraph (b), adopt new and revised and
   55  revise the policies and procedures governing the operation of
   56  the personal care attendant program and the training program
   57  required in paragraph (a), provide technical assistance to
   58  program participants, provide administrative support services
   59  for the program, including the implementation of appropriate
   60  internal financial controls to ensure program integrity, and
   61  provide administrative support for the Advisory and Oversight
   62  Committee The oversight group shall include, but need not be
   63  limited to, a member of the Florida Association of Centers for
   64  Independent Living, a person who is participating in the
   65  program, and one representative each from the Department of
   66  Revenue, the Department of Children and Families, the Division
   67  of Vocational Rehabilitation in the Department of Education, the
   68  Medicaid program in the Agency for Health Care Administration,
   69  the Florida Endowment Foundation for Vocational Rehabilitation,
   70  and the Brain and Spinal Cord Injury Program in the Department
   71  of Health.
   72         (5) The James Patrick Memorial Work Incentive Personal
   73  Attendant Services and Employment Assistance Program shall
   74  reimburse the Florida Association of Centers for Independent
   75  Living monthly for payments made to program participants and for
   76  costs associated with program administration and oversight in
   77  accordance with the annual operating budget approved by the
   78  Advisory and Oversight Committee established pursuant to
   79  subsection (6). Such costs may not exceed 12 percent of the
   80  funds deposited with the Florida Endowment Foundation for
   81  Vocational Rehabilitation pursuant to ss. 320.08068(4)(d) and
   82  413.4021(1).
   83         (6) The Advisory and Oversight Committee for the James
   84  Patrick Memorial Work Incentive Personal Attendant Services and
   85  Employment Assistance Program is established for the purpose of
   86  providing program oversight, advising the Florida Association of
   87  Centers for Independent Living on policies and procedures, and
   88  approving the program’s annual operating budget for
   89  administration and oversight.
   90         (a) The committee shall consist of the following members:
   91         1. The director of the Division of Vocational
   92  Rehabilitation or his or her designee;
   93         2. The executive director of the Department of Revenue or
   94  his or her designee;
   95         3. The secretary of the Department of Children and Families
   96  or his or her designee;
   97         4. The director of the advisory council on brain and spinal
   98  cord injuries or his or her designee;
   99         5. A program participant, appointed by the President of the
  100  Senate;
  101         6. A member of the Florida Independent Living Council,
  102  appointed by the Speaker of the House of Representatives;
  103         7. A financial management professional, appointed by the
  104  Governor; and
  105         8. Two ex officio, nonvoting members, one of whom
  106  designated by the chair of the Florida Endowment Foundation for
  107  Vocational Rehabilitation, and the other designated by the chair
  108  of the Florida Association of Centers for Independent Living.
  109         (b) The appointed members shall serve for a term concurrent
  110  with the term of the official who made the appointment and shall
  111  serve at the pleasure of such official.
  112  
  113  ================= T I T L E  A M E N D M E N T ================
  114  And the title is amended as follows:
  115         Delete lines 11 - 17
  116  and insert:
  117         Services and Employment Assistance Program; defining a
  118         term; requiring the program to provide additional
  119         support and services; revising eligibility
  120         requirements; expanding the kinds of training
  121         required; requiring the association, in consultation
  122         with the Advisory and Oversight Committee, to adopt
  123         and revise certain policies and procedures and to
  124         provide technical assistance and support under certain
  125         circumstances; requiring the program to reimburse the
  126         Florida Association of Centers for Independent Living
  127         for certain costs approved by the Advisory and
  128         Oversight Committee; prohibiting such reimbursement
  129         from exceeding a certain amount; establishing the
  130         Advisory and Oversight Committee for the James Patrick
  131         Memorial Work Incentive Personal Attendant Services
  132         and Employment Assistance Program; providing the
  133         committee’s purpose; providing for committee
  134         membership;