Florida Senate - 2010 CS for SB 2192
By the Committee on Children, Families, and Elder Affairs; and
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.
20 Be It Enacted by the Legislature of the State of Florida:
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
34 (d) The director of the Division of Vocational
36 (e) The executive director of the State Board of
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
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
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
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
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
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
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.