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APD's > Legislative > Digest

Volume II Issue 1
March 7, 2008

Photo of the capital building

Calendar

  • Tuesday, March 11, 2008
    • 8 a.m. – 12 p.m.
      House Healthcare Council
    • 8 a.m. – 12 p.m.
      House Healthy Families

  • Wednesday, March 12, 2008
    • 9 a.m. – 2 p.m.
      Senate Session
    • 11:30 a.m. – 3:30 p.m.
      House Session
    • 2:30 p.m. – 5:00 pm.
      Senate Children, Families, & Elder Affairs

  • Thursday, March 13, 2008
    • 1 p.m. – 2:30 p.m.
      Senate Session
    • 1 p.m. – 3 p.m.
      House Session
      3 p.m. – 6 p.m.
      Senate Health & Human Services Appropriations

  • Friday, March 14, 2008
    • 9 a.m. – 12 p.m.
      House Session
    • 9 a.m. – 12 p.m.
      Senate Health & Human Services Appropriations

    From The Director

    I want to update you on the tremendous achievement the Agency for Persons with Disabilities has accomplished over the past several weeks related to the transition of the Consumer Directed Care Plus (CDC+) waiver program. I am so proud of my team that I had to share it with you! The agency decided to terminate the contract with the third unsuccessful private sector vendor for the CDC+ program and take most of the operation in-house. Since that decision was made, APD employees have gone above and beyond the call of duty, working all hours of the night and weekends to make this transition successful. They have personally contacted every one of the 965 people on the CDC+ waiver.

    This past weekend, we went live for the first time collecting timesheets, invoices, and requests for reimbursement. The results are extremely positive. Consumers now have the convenience of providing information using a Web-based system—developed in-house—or over the telephone. This is a tremendous improvement over the old fax-based system insisted upon by our previous vendors. Our customer service personnel have the tools and the authority to resolve problems in an expeditious manner. The automated systems APD developed to support the processes are running properly. Consumers are very pleased with the new, more efficient system.

    This solution originated with our employees. They identified the problem, developed the processes, committed themselves to executing it, and made the necessary personal sacrifices to make this effort successful. They are living proof that stereotypes of public employees are not accurate. Over my long years of private sector employment, I have never witnessed the employees of an organization display such selfless dedication for the well being of others. I am very proud of them and hope that you are as well.


    2008 Legislative Session Officially Begins

    The opening day of the 2008 Legislative Session was reflective of the days to come. Usually, the fourth floor, where lobbyists gather between the House and Senate chambers, is abuzz with throngs of on-lookers. When Session convened on Tuesday, March 4, the usual crowd was not there and most people have come to understand anything with a fiscal impact stands a slim chance of passage by the Legislature this year.

    Both the House and Senate hastily pushed out their budget reduction bills for the current fiscal year (FY 2007-2008) from their respective chambers and will meet in conference this weekend to hammer out differences for a quick passage next week. The Agency for Persons with Disabilities sustained minor damage as the reductions came primarily from administration and not services. Both the House and Senate Health Care Appropriations Committees agreed on the agency reduction which totaled $868,347.


    House Healthcare Council

    The House Healthcare Council met on Tuesday, March 4, and conducted an agency base budget review for Fiscal Year 2008-2009. At an earlier meeting Council Chair Aaron Bean appointed Representatives Denise Grimsley (R-Sebring) and Jimmy Patronis (R-Panama City) as subcommittee chairs to review APD’s base budget and make recommendations for eliminations. APD Deputy Director for Budget and Planning Jim DeBeaugrine and Legislative Affairs Director Lucy Mohs met with the Representatives and council staff to assist them in preparing for this exercise. Representative Grimsley thanked APD for its cooperation and input. The total reduction for FY 2008-2009 is $1,909,681.


      Issue General Revenue Trust Funds Total
    1 Eliminate Central Budget Office Position $27,311 $27,311 $54,622
    2 Eliminate Start Up Funding for Group Homes $72,960   $72,960
    3 Eliminate funding for Community Development Services $55,261 $35,799 $91,060
    4 Rebid Prior Service Authorization Contracts $300,000 $900,000 $1,200,000
    5 Provide Administrative IT support In-House $187,804   $187,804
    6 Renegotiate Contract for Web Based Competency Training $125,000   $125,000
    7 Eliminate Self Injurious Behavior Contract with the University of Florida $178,235   $178,235
      Total $946,571 $963,110 $1,909,681


    LIFE

    On Saturday, February 2, Living Inclusively for Everyone, Inc., LIFE, celebrated its first American Dream Gala fundraiser at the Pine Island Ridge Country Club. The event honored State Senators Nan Rich of Weston and Jeremy Ring of Parkland/Tamarac in recognition of their unfailing dedication and efforts to improve the lives of individuals with developmental disabilities. This first event exceeded the organizers’ expectations with a turnout of over 150 professionals, parents, advocates, and sponsors and raised over $30,000. Proceeds from the American Dream Gala will benefit individuals in the community to realize their dream of living in an independent or supported living environment where they can maximize their potential for work, social, and community settings. Prominent sponsors included Motorola, David and Ethel Sommer, David M. Steiman, M.D., Ruby Acosta and Johnny Kavouklis, Arlene Lakin, Esq., founder of Florida’s Voice on Developmental Disabilities, and Victor Toledano, M.D.

    State Representative Ari Porth presented the award to Senator Ring, and Joan Hinden, a resident of Broward County and parent advocate for over 30 years, presented the award to Senator Rich. The keynote address entitled “Life Happens” was given by Dr. David Steiman. The event included a multi-media presentation donated by Motorola highlighting LIFE’s mission and vision and the evening ended with music and dancing. Special thanks went to event organizers Laura Prado, Ruby Acosta, Terri Osman, and Bob Wessels.

    LIFE is a Florida non-profit IRS 501 (c) (3) organization founded by Laura Prado and Dr. David Steiman and several other Broward County parents. LIFE’s mission is to promote the inclusion of persons with developmental disabilities into all aspects of their natural community. For more information, visit www.life-florida.org


    House Healthy Families Committee

    The committee met on Tuesday, March 4, and Representative Kevin Ambler (R-Tampa), presented HB 739 relating to the appointment of guardian advocates for persons with Developmental Disabilities and amends sections 393.12 and 393.13, Florida Statutes.

    Representative Ambler and the Senate sponsor, Senator Victor Crist (R-Tampa) have been diligently working with the Agency for Persons with Disabilities, Advocacy Center for Persons with Disabilities, Inc., the Florida Bar and Florida Developmental Disabilities Council to produce much needed and long overdue improvements to Florida’s guardianship law for persons with developmental disabilities. The sponsors are committed to refining the bills as they move through the legislative process.

    As part of that effort, Representative Ambler presented a “strike all” amendment to the bill which incorporated many of these changes.

    The bill as amended does the following:
    • Directs the court to not appoint a guardian advocate when there are competing petitions for appointment of a guardian advocate.
    • Removes the language giving ranked preference for appointment of the guardian advocate to certain designated relationships to the person with a developmental disability.
    • Requires that the selection of a guardian advocate be in accordance with s.744.312, F.S.
    • Reverts to original statute language which requires the petition to include the name of the proposed guardian advocate.
    • Requires the notice of the petition to be given to the person’s next of kin.
    • Requires the court, as part of the proceeding, to determine whether advance directives for health care or a durable power of attorney exists for the person who is subject of the petition. If these instruments exist, the court must specify in the order appointing a guardian advocate what authority the guardian advocate will have over the health care surrogate and attorney in fact for a durable power of attorney.
    • Requires the guardian advocate to file an annual accounting of the ward’s property in accordance with s.744.3678,F.S., notwithstanding the exception language in this statute. The bill makes technical improvements in wording to the statute and provides an effective date of July 1, 2008. The bill passed unanimously.

    House Healthy Seniors

    The House Healthy Seniors Committee met on March 4, and considered HB 731. This bill, sponsored by Representative Andy Gardiner, addresses the Personal Care Attendant Program. The bill would require the Florida Endowment Foundation for Vocational Rehabilitation to enter into an agreement with the Florida Association of Centers for Independent Living to administer a program to provide personal care attendants to persons who have severe and chronic disabilities. The program would be known as the James Patrick Memorial Work Incentive Personal Attendant Services Program. The bill passed unanimously in the House.

    On March 5, 2008, Senate Children, Families, and Elder Affairs met and considered SB 370, companion to HB 731. The Senate bill, sponsored by Senator Wise, also passed unanimously.


    Health Quality Committee

    On March 4, the House Health Quality Committee met and considered HB 793. This bill, sponsored by Representative Don Davis, addresses transitional services for young adults with disabilities. The bill would require the Department of Health to develop a task force to assess need for health care transition services and provide a report to the Governor and Legislature. The bill also creates the Don Davis Health & Transition Services Program of Jacksonville. The bill passed unanimously.


    Senate Criminal Justice

    The Senate Criminal Justice Committee met on March 5, and considered SB 116 and SB 268. SB 116, sponsored by Senator Fasano, addresses electronic monitoring for lost persons. The bill would establish a grant program to encourage counties to implement lifesaver programs modeled after Project Lifesaver, a search-and-rescue program designed to quickly find a lost or wandering person who is mentally impaired. FDLE is designated as the administrative agency. The bill was considered favorable without opposition.

    SB 268, sponsored by Senator Alex Villalobos, addresses the Truth in Government Act. The bill would require any person who addresses a legislative committee to take an oath or affirmation of truthfulness. Members of the general public who are not registered lobbyists or paid to appear, and minors would not be required to take the oath. The bill passed unanimously.


    Senate Transportation

    The Senate Committee on Transportation met on March 4, and considered SB 788. This bill, sponsored by Senator Mike Fasano, addresses transportation disadvantaged services. The bill revises the number of members required for a quorum at a meeting of the Commission for the Transportation Disadvantaged. The bill revises the responsibilities of the commission and requires the commission to incur expenses for the purchase of advertisements, marketing services, and promotional items. Duties and responsibilities for agencies that purchase transportation services would also be revised. The bill was considered favorable without opposition.