Fla. Stat. § 413.402 — Florida Code / Title XXX / Chapter 413 / Part II / Section 413.402
413.402 James Patrick Memorial Work Incentive Personal Attendant Services and Employment Assistance Program.
Status: in_force

The Florida Association of Centers for Independent Living shall administer the James Patrick Memorial Work Incentive Personal Attendant Services and Employment Assistance Program.

(1) As used in this section, the term “competitive and integrated employment” means employment in the public or private sector in which the employee earns comparable wages and benefits, commensurate with his or her qualifications and experience, and works in comparable conditions to those experienced by the general workforce in that industry or profession.

(2) The program shall provide personal care attendants and other support and services necessary to enable persons eligible under subsection (3) who have significant and chronic disabilities to obtain or maintain competitive and integrated employment, including self-employment.

(3) In order to be eligible to participate in the program, a person must: (a) Be at least 18 years of age, be a legal resident of this state, and be significantly and chronically disabled. (b) As determined by a physician, psychologist, or psychiatrist, require a personal care attendant for assistance with or support for at least two activities of daily living as defined in s. 429.02. (c) Require a personal care attendant and, as needed, other support and services to accept an offer of employment and commence working or to maintain competitive and integrated employment. (d) Be able to acquire and direct the support and services provided pursuant to this section, including the services of a personal care attendant.

(4)(a) The Florida Association of Centers for Independent Living shall provide program participants with appropriate training on the hiring and management of a personal care attendant and on other self-advocacy skills needed to effectively access and manage the support and services provided under this section. (b) In cooperation with the oversight council created in subsection (6), the Florida Association of Centers for Independent Living shall adopt and, as necessary, revise the policies and procedures governing the operation of the program and the training required in paragraph (a). The oversight council shall recommend the maximum monthly reimbursement provided to program participants. The association shall provide technical assistance to program participants and administrative support services to the program and implement appropriate internal financial controls to ensure program integrity.

(5) The James Patrick Memorial Work Incentive Personal Attendant Services and Employment Assistance Program shall reimburse the Florida Association of Centers for Independent Living monthly for payments made to program participants and for costs associated with program administration and oversight in accordance with the annual operating budget approved by the board of directors of the association, taking into consideration recommendations made by the oversight council created under subsection (6). The annual operating budget for costs associated with activities of the association for program operation, administration, and oversight may not exceed 10 percent of the funds provided pursuant to ss. 320.08068(4)(d) and 413.4021(1) for the previous fiscal year or the budget approved for the previous fiscal year, whichever amount is greater.

(6) The James Patrick Memorial Work Incentive Personal Attendant Services and Employment Assistance Program Oversight Council is created adjunct to the Department of Education for the purpose of providing program recommendations, recommending the maximum monthly reimbursement available to program participants, advising the Florida Association of Centers for Independent Living on policies and procedures, and recommending the program’s annual operating budget for activities of the association associated with operations, administration, and oversight. The oversight council shall also advise on and recommend the schedule of eligible services for which program participants may be reimbursed subject to the requirements and limitations of paragraph (3)(c) which, at a minimum, must include personal care attendant services. The oversight council shall advise and make its recommendations under this section to the board of directors of the association. The oversight council is not subject to the control of or direction by the department, and the department is not responsible for providing staff support or paying any expenses incurred by the oversight council in the performance of its duties. (a) The oversight council consists of the following members: 1. The director of the division or his or her designee; 2. A human resources professional or an individual who has significant experience managing and operating a business based in this state, recommended by the Florida Chamber of Commerce and appointed by the Governor; 3. A financial management professional, appointed by the Governor; 4. A program participant, appointed by the Secretary of Health or his or her designee; 5. The director of the advisory council on brain and spinal cord injuries or his or her designee; 6. The director of the Florida Endowment Foundation for Vocational Rehabilitation or his or her designee; and 7. The director of the Florida Association of Centers for Independent Living or his or her designee. (b) The appointed members shall serve for a term concurrent with the term of the official who made the appointment and shall serve at the pleasure of such official. (c) By February 1 of each year, the oversight council shall submit a report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Commissioner of Education which summarizes the performance of the program.

History: s. 1, ch. 2002-286; s. 2, ch. 2005-172; s. 1, ch. 2008-99; s. 223, ch. 2014-19; s. 1, ch. 2016-30; s. 28, ch. 2017-3; s. 5, ch. 2017-75.