Bill Text: FL S0890 | 2017 | Regular Session | Enrolled
Bill Title: Direct-Support Organizations
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-12 - Chapter No. 2017-75 [S0890 Detail]
Download: Florida-2017-S0890-Enrolled.html
ENROLLED 2017 Legislature CS for CS for SB 890, 1st Engrossed 2017890er 1 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 ofand transmitted monthly to the Florida Endowment78Foundation forVocational Rehabilitation of the Department of 79 Educationas 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 ofand transmitted monthly84to the Florida Endowment Foundation forVocational 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 distributedto The Able Trust as custodial93agent. The Able Trust may retain a maximum of 10 percent of the94proceeds from the sale of the license plate for administrative95costs. The Able Trust shall distribute the remaining fundsas 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 LivingEndowment Foundation for Vocational104Rehabilitationto 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 ofthe Florida Endowment Foundation for120 Vocational Rehabilitation of the Department of Education, known121as “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.These124fees must be directly deposited into the Florida Endowment125Foundation for Vocational Rehabilitation as established in s.126413.615.127 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 135Florida Endowment Foundation for Vocational Rehabilitation shall136maintain an agreement with theFlorida Association of Centers 137 for Independent Living shalltoadminister the James Patrick 138 Memorial Work Incentive Personal Attendant Services and 139 Employment Assistance Programand shall remit sufficient funds140monthly 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 1012percent of 195 the funds provideddeposited with the Florida Endowment196Foundation for Vocational Rehabilitationpursuant 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 LivingEndowment263Foundation 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 LivingEndowment Foundation for Vocational272Rehabilitation. 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 285the deposits made pursuant to s. 318.21(2)(e), together withany 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 Revenue291pursuant to s. 318.21(2)(e) and (5) shall be transmitted monthly292to 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 ofmoneys in the foundation and in any otherfundsand327accountsheld 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 30February 1each 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,or411bybequests, 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, 20192017, 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.