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       Florida Senate - 2010                             CS for SB 2192
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Peaden
       
       
       
       586-03226-10                                          20102192c1
    1                        A bill to be entitled                      
    2         An act relating to the Developmental Disabilities
    3         Savings Program; creating the Services for Children
    4         with Developmental Disabilities Task Force; requiring
    5         the task force to develop recommendations and a plan
    6         for the creation of, and enrollment in, the
    7         Developmental Disabilities Savings Program; providing
    8         for membership of the task force; requiring the Agency
    9         for Persons with Disabilities to provide
   10         administrative support to the task force; requiring
   11         the task force to submit its plan and recommendations
   12         to the Legislature; providing for abolishment of the
   13         task force; creating the Developmental Disabilities
   14         Savings Program; providing legislative findings and
   15         intent; providing definitions; providing requirements
   16         for the program; providing requirements that must be
   17         met prior to implementation of the program; providing
   18         for construction; providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Services for Children with Developmental
   23  Disabilities Task Force.—The Services for Children with
   24  Developmental Disabilities Task Force is created to make
   25  recommendations and develop a plan for the creation of, and
   26  enrollment in, the Developmental Disabilities Savings Program.
   27         (1) The task force shall consist of the following members:
   28         (a) A member of the House of Representatives appointed by
   29  the Speaker of the House of Representatives.
   30         (b) A member of the Senate appointed by the President of
   31  the Senate.
   32         (c) The director of the Agency for Persons with
   33  Disabilities.
   34         (d) The director of the Division of Vocational
   35  Rehabilitation.
   36         (e) The executive director of the State Board of
   37  Administration.
   38         (f) The Commissioner of Education.
   39         (g) The executive director of The Arc of Florida.
   40         (h) An Arc of Florida family board member appointed by the
   41  executive director of The Arc of Florida.
   42         (i) The chair of the Family Care Council Florida.
   43         (j) A parent representative from the Family Care Council
   44  Florida appointed by the chair of the Family Care Council
   45  Florida.
   46         (2) The Agency for Persons with Disabilities shall provide
   47  administrative support to the task force.
   48         (3) Members of the task force shall serve without
   49  compensation but are entitled to reimbursement for per diem and
   50  travel expenses as provided in s. 112.061, Florida Statutes.
   51         (4) The task force shall submit its recommendations and
   52  plan to the President of the Senate and the Speaker of the House
   53  of Representatives when it has completed its task or April 2,
   54  2012, whichever occurs first.
   55         (4) The task force shall continue until enrollment in the
   56  Developmental Disabilities Savings Program has commenced, at
   57  which time the task force is abolished or June 31, 2013,
   58  whichever occurs first.
   59         Section 2. Developmental Disabilities Savings Program.—
   60         (1) LEGISLATIVE INTENT.—
   61         (a) The Legislature recognizes the need to provide
   62  opportunities for increased access to services, at the
   63  discretion of the family, for those families who have children
   64  with developmental disabilities. The years after a student who
   65  has a developmental disability ages out of the education system
   66  are critical for learning and transitioning. The Legislature
   67  finds that the creation of a savings program for such families
   68  can offer future accessibility to services, regardless of
   69  income, insurance, or Medicaid eligibility.
   70         (b) It is the intent of the Legislature that a
   71  developmental disabilities savings program that includes a
   72  contract plan be established through which many of the costs
   73  associated with children who have developmental disabilities who
   74  age out of the education system may be paid or saved for in
   75  advance. It is the intent that a developmental disabilities
   76  savings program be conducted in a manner that maximizes program
   77  efficiency and effectiveness.
   78         (2) DEFINITIONS.—As used in this section, the term:
   79         (a) “Contract plan” means the advance payment plan under
   80  the Developmental Disabilities Savings Program that provides the
   81  opportunity for a purchaser to enter into an advance payment
   82  contract to provide funds that a purchaser may use for future or
   83  other eligible services for a qualified beneficiary.
   84         (b) “Developmental disability” means a disability defined
   85  in s. 393.063, Florida Statutes, or a severe, chronic disability
   86  that:
   87         1. Is attributable to a mental or physical impairment or a
   88  combination of those impairments.
   89         2. Occurs before the individual reaches 18 years of age.
   90         3. Is likely to continue indefinitely.
   91         4. Results in substantial functional limitations in three
   92  or more of the following areas of major life activity: self
   93  care, receptive and expressive language, learning, mobility,
   94  self-direction, capacity for independent living, or economic
   95  self-sufficiency.
   96         5. Reflects the individual’s need for a combination and
   97  sequence of special, interdisciplinary, or generic services,
   98  individualized supports, or other forms of assistance that are
   99  of lifelong or extended duration and are individually planned
  100  and coordinated.
  101         6. For a child younger than 10 years of age, is likely to
  102  meet the criteria in subparagraphs 1.-5. without intervention.
  103         (c) “Eligible services” means:
  104         1. Specific services that may include respite care,
  105  provision of rehabilitation and habilitation services, assistive
  106  technology, personal assistance services, counseling, support
  107  for families headed by aging caregivers, vehicular and home
  108  modifications, and assistance with extraordinary expenses
  109  associated with the needs of individuals with developmental
  110  disabilities.
  111         2. Health-related services that may include medical,
  112  dental, mental health, and other human and social services to
  113  enhance the well-being of the individual, as well as durable and
  114  consumable medical supplies.
  115         3. Housing-related services that may result in individuals
  116  with developmental disabilities having access to and use of
  117  housing and housing supports and services in their communities,
  118  including assistance related to renting, owning, or modifying an
  119  apartment or home.
  120         4. Education-related services such as attendance in a
  121  training or educational setting, technology, and personnel
  122  related services that assist in obtaining and maximizing the
  123  educational experience.
  124         5. Employment-related services that are necessary to assist
  125  the individual in meeting essential job functions through
  126  technology, personnel-related expenses, and transportation
  127  expenses.
  128         (d) “Internal Revenue Code” means the Internal Revenue Code
  129  of 1986, as defined in s. 220.03, Florida Statutes, and
  130  regulations adopted thereunder.
  131         (e) “Purchaser” means a parent or grandparent who is a
  132  resident of the state who makes or is obligated to make advance
  133  payments for eligible services in accordance with a contract
  134  plan for his or her child or grandchild or a nonresident,
  135  noncustodial parent who makes or is obligated to make advance
  136  payments for eligible services in accordance with a contract
  137  plan for his or her child.
  138         (f) “Qualified beneficiary” means a person with a
  139  developmental disability who is a resident of the state and who
  140  is under 22 years of age at the time a purchaser enters into an
  141  advance payment contract.
  142         (g) “Savings program” means the Developmental Disabilities
  143  Savings Program.
  144         (3) SAVINGS PROGRAM.—the Developmental Disabilities Savings
  145  Program is created. The program must:
  146         (a) The savings program shall provide a contract plan
  147  through which eligible services for individuals with
  148  developmental disabilities may be paid in advance.
  149         (b) The program shall provide education and training
  150  concerning the savings program and its benefits for individuals
  151  who have developmental disabilities to advance their goals and
  152  become contributing members of society.
  153         (c) Inform the purchaser of the potential effect of advance
  154  payment contracts offered under the savings program on
  155  eligibility for Medicaid or other state or federally funded
  156  programs.
  157         (4) IMPLEMENTATION.—The savings program may not be
  158  implemented until it has obtained all of the following:
  159         (a) A written opinion of qualified counsel specializing in
  160  federal securities law that the savings program and the offering
  161  of participation in the savings program does not violate federal
  162  securities law.
  163         (b) A private letter ruling from the Internal Revenue
  164  Service, indicating that moneys deposited according to contract
  165  plans and payments made according to the contract plan pursuant
  166  to the savings program are tax deferred under the Internal
  167  Revenue Code. If the Internal Revenue Service declines to rule
  168  on the request, the program may rely on legal opinion rendered
  169  by a qualified attorney specializing in tax law.
  170         (5) CONSTRUCTION.—The savings program may not be construed
  171  as a promise or guarantee that a qualified beneficiary or a
  172  designated beneficiary will become Medicaid eligible, receive
  173  permanent services, be enrolled in the Medicaid waiver program,
  174  or receive any other state or federal assistance.
  175         Section 3. This act shall take effect July 1, 2010.

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