Bill Text: FL S0794 | 2021 | Regular Session | Enrolled


Bill Title: Independent Living Services

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2021-06-14 - Chapter No. 2021-78 [S0794 Detail]

Download: Florida-2021-S0794-Enrolled.html
       ENROLLED
       2021 Legislature                                          SB 794
       
       
       
       
       
       
                                                              2021794er
    1  
    2         An act relating to independent living services;
    3         amending s. 413.395, F.S.; removing a provision
    4         requiring the Florida Independent Living Council to
    5         assist the Division of Blind Services of the
    6         Department of Education; revising the membership of
    7         the council; revising the council’s duties and
    8         responsibilities; authorizing the council to conduct
    9         certain activities as described in the state plan for
   10         independent living; requiring the council to
   11         coordinate with centers for independent living;
   12         prohibiting the council from engaging in certain
   13         activities; requiring the council to comply with state
   14         and federal laws and regulations relating to lobbying;
   15         amending s. 413.4021, F.S.; increasing the percentage
   16         of certain revenues used to administer the James
   17         Patrick Memorial Work Incentive Personal Attendant
   18         Services and Employment Assistance Program; providing
   19         an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 413.395, Florida Statutes, is amended to
   24  read:
   25         413.395 Florida Independent Living Council.—
   26         (1) There is created the Florida Independent Living Council
   27  to assist the division and the Division of Blind Services of the
   28  Department of Education, as well as other state agencies and
   29  local planning and administrative entities assisted under Title
   30  VII of the act, in the expansion and development of statewide
   31  independent living policies, programs, and concepts and to
   32  recommend improvements for such programs and services. The
   33  council shall function independently of the division and, unless
   34  the council elects to incorporate as a not-for-profit
   35  corporation, is assigned to the division for administrative
   36  purposes only. The council may elect to be incorporated as a
   37  Florida corporation not for profit and, upon such election,
   38  shall be assisted in the incorporation by the division for the
   39  purposes stated in this section. The appointed members of the
   40  council may constitute the board of directors for the
   41  corporation.
   42         (2) The council shall consist of 11 members, including a
   43  minimum of three persons who are employees of a center for
   44  independent living 14 members, excluding ex officio, nonvoting
   45  members. At least six members of the council must be persons who
   46  have significant disabilities who are not employed by any state
   47  agency or center for independent living. The members of the
   48  council shall be appointed by the Governor after soliciting
   49  recommendations from the council.
   50         (3) The council shall include:
   51         (a) At least one director of a center for independent
   52  living who is chosen by the directors of the centers for
   53  independent living within the state.
   54         (b) As ex officio, nonvoting members:
   55         1. A representative from the division.
   56         2.A representative from the Division of Blind Services.
   57         2.3. Representatives from one or more other state agencies
   58  that provide services to persons who have disabilities.
   59         (4) The council may include:
   60         (a) Other representatives from the centers for independent
   61  living.
   62         (b) Parents and guardians of persons who have disabilities.
   63         (c) Advocates of and for persons who have disabilities.
   64         (d) Representatives from private businesses.
   65         (e) Representatives from organizations that provide
   66  services for persons who have disabilities.
   67         (f) Other appropriate individuals.
   68         (5) The council shall be composed of members:
   69         (a) Who provide statewide representation.
   70         (b) Who represent a broad range of persons who have
   71  disabilities from diverse backgrounds.
   72         (c) Who are knowledgeable about the centers for independent
   73  living and independent living services.
   74         (d) A majority of whom are:
   75         1. Persons who have disabilities.
   76         2. Not employed by any state agency or center for
   77  independent living.
   78         (6) The council shall select a chairperson from among the
   79  voting membership of the council.
   80         (7) Each member of the council shall serve for a term of 3
   81  years, except that:
   82         (a) A member appointed to fill a vacancy occurring before
   83  prior to the expiration of the term for which the predecessor
   84  was appointed shall be appointed for the remainder of such term.
   85         (b) The terms of service of the members initially appointed
   86  shall be, as specified by the Governor, for such fewer number of
   87  years as will provide for the expiration of terms on a staggered
   88  basis.
   89         (c) A No member of the council may not serve more than two
   90  consecutive full terms.
   91         (8) Any vacancy occurring in the membership of the council
   92  shall be filled in the same manner as the original appointment.
   93  A vacancy does not affect the power of the remaining members to
   94  execute the duties of the council.
   95         (9) The chairperson of the council shall designate a
   96  representative who shall also serve as a member of the Florida
   97  Rehabilitation Council.
   98         (10) The council may meet at the call of the chairperson,
   99  at the joint request of the division and the Division of Blind
  100  Services, or at such times as may be prescribed by rule, but not
  101  fewer less than twice each calendar year. The council shall make
  102  a report of each meeting, which shall include a record of its
  103  discussions and recommendations. The division and the Division
  104  of Blind Services shall make such reports available to the
  105  public.
  106         (11) The council shall:
  107         (a) Jointly develop and submit, in conjunction with the
  108  directors of the centers for independent living division, the
  109  state plan for independent living in accordance with federal
  110  guidelines and after receiving public input from persons who
  111  have disabilities and other stakeholders in the state.
  112         (b) Monitor, review, and evaluate the implementation of the
  113  state plan for independent living.
  114         (c) Coordinate activities with the Florida Rehabilitation
  115  Council and other entities in the state that provide services
  116  similar or complementary to independent living services,
  117  including entities that facilitate the provision of or provide
  118  long-term community-based services and supports councils that
  119  address the needs of specific disability populations and issues
  120  under other federal law.
  121         (d) Meet regularly and ensure that all regularly scheduled
  122  meetings of the council are open to the public with sufficient
  123  advance notice.
  124         (e) Submit to the administrator Commissioner of the
  125  Administration for Community Living within the United States
  126  Department of Health and Human Services Federal Rehabilitation
  127  Administration Services such periodic reports as the
  128  administrator commissioner may reasonably request and keep such
  129  records, and afford access to such records, as the administrator
  130  commissioner finds necessary to verify such reports.
  131         (12)(a)The council may conduct the following activities,
  132  as authorized and described in the state plan for independent
  133  living:
  134         1.Work with centers for independent living to coordinate
  135  services with public and private entities to improve independent
  136  living services provided to persons who have disabilities.
  137         2.Develop resources to support the activities described in
  138  the state plan for independent living and the provision of
  139  independent living services by centers for independent living.
  140         3.Other activities consistent with the purpose of this
  141  section and comparable to other activities in this section, as
  142  the council determines to be appropriate and as authorized in
  143  the state plan for independent living.
  144         (b)The council:
  145         1.Shall coordinate with centers for independent living to
  146  avoid conflicting or overlapping activities within the centers’
  147  established service areas.
  148         2.May not engage in activities that constitute the direct
  149  provision of independent living services to persons who have
  150  disabilities, including the independent living core services.
  151         3.Shall comply with state and federal laws and regulations
  152  relating to restrictions and prohibitions on lobbying
  153  activities.
  154         Section 2. Subsection (1) of section 413.4021, Florida
  155  Statutes, is amended to read:
  156         413.4021 Program participant selection; tax collection
  157  enforcement diversion program.—The Department of Revenue, in
  158  coordination with the Florida Association of Centers for
  159  Independent Living and the Florida Prosecuting Attorneys
  160  Association, shall select judicial circuits in which to operate
  161  the program. The association and the state attorneys’ offices
  162  shall develop and implement a tax collection enforcement
  163  diversion program, which shall collect revenue due from persons
  164  who have not remitted their collected sales tax. The criteria
  165  for referral to the tax collection enforcement diversion program
  166  shall be determined cooperatively between the state attorneys’
  167  offices and the Department of Revenue.
  168         (1) Notwithstanding s. 212.20, 75 50 percent of the
  169  revenues collected from the tax collection enforcement diversion
  170  program shall be deposited into the special reserve account of
  171  the Florida Association of Centers for Independent Living, to be
  172  used to administer the James Patrick Memorial Work Incentive
  173  Personal Attendant Services and Employment Assistance Program
  174  and to contract with the state attorneys participating in the
  175  tax collection enforcement diversion program in an amount of not
  176  more than $75,000 for each state attorney.
  177         Section 3. This act shall take effect July 1, 2021.

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