VOLUME 21, ISSUE 7 - April 23 |
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Budget Conference is still going on!
Contact your legislator and let them know how you feel about Federal Funds being left on the table.
The latest COVID relief bill passed by Congress provides a 10-percentage point increase to Federal matching funds in Medicaid exclusively for Home and Community Based Services. In the Agency for Persons with Disabilities, this could generate as much as $450 million which can only be spent on enhancing Home and Community Based Services. We are urging the Florida Legislature to not leave these dollars on the table!
The COVID pandemic has decimated the service delivery system and we are struggling to maintain a workforce, purchase personal protective equipment, and maintain operations in the aftermath of government-mandated program closures and reductions in operating capacity. These are one-time dollars but can still go a long way to help the service delivery system regain its footing and maintain stability until we return to normal.
The Council will urge the Legislature to take advantage of the additional Federal funding available to serve individuals with intellectual and developmental disabilities by including them in the state budget and directing their use for program enhancements.
Please share your opinion via phone call or email with your legislators or especially the following linked lawmakers. The Council will educate these Senate and House lawmakers who currently oversee all state health funding in Florida. Please go to the Preserve the iBudget Waiver site for more information.
Other Budget Conference Updates include:
- There is agreement so far that there will be no cuts to iBudget services!
- The conference committees have agreed so far on funding for only 300 individuals in crisis to come off the waitlist. The Council is advocating that 1,000 to 2,000 individuals to come off the waitlist this year.
- There has been no indication that provider rates will be increased or that there is consideration of funding to assist providers with meeting the impact of the $10 an hour minimum wage. Individuals and families need a more reliable group of Personal Support Workers. Currently there is a 51% turnover rate for personal support services in the family home, independent living situations and group homes. Many of these workers barely make minimum wage and providers may not be able to stay in business when the minimum wage goes up to $10.00 an hour without state assistance.
- The legislature seems to agree on one million dollars for the Employment Enhancement Fund and the Individual and Family Support Fund as a merged line item. These dollars aid with critical services while individuals are on the waitlist to prevent individuals and their families from going into crisis.
- The Conferees seem to have agreed on budget authority for Early Steps.
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Please see the linked bills below for more information! |
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Important Bills to Watch
Summary
This bill revises provisions of law relating to guardianship and alternatives to guardianship. The bill creates a process for supported decision-making (SDM), including providing requirements for court, guardian petition, supported decision-making agreement, decisionmaker and supporter, and educational agencies. Parents of children with disabilities are often told they need to seek guardianship as soon as their child turns 18. Florida law states that you cannot put someone under guardianship if there is a “less restrictive” alternative, but the law does not offer a meaningful alternative. This proposed legislation would list alternatives to guardianship in Florida Statute, including SDM and ensure judges have the information they need to protect people with disabilities. The bill would require anyone trying to put another person under guardianship or guardian advocacy to show why an alternative, including SDM, will not work. Effective Date: July 1, 2021. The Council is supporting this proposed legislation.
Actions
02/02/21 HOUSE - Filed.
02/18/21 HOUSE - Referred to Children, Families & Seniors Subcommittee; Civil Justice & Property Rights Subcommittee; Health & Human Services Committee.
HOUSE - Now in Children, Families & Seniors Subcommittee.
Similar Bills
02/10/21 SENATE - Referred to Children, Families, and Elder Affairs; Appropriations; Rules.
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Summary
This bill requires the Department of Law Enforcement, in cooperation with the Department of Transportation, the Department of Highway Safety and Motor Vehicles, the Department of the Lottery, and local law enforcement agencies, to establish and implement the Purple Alert; requiring the local law enforcement agency having jurisdiction to notify media and alert subscribers if a Purple Alert is determined to be necessary and appropriate. The bill provides that the Department of Law Enforcement, as the Purple Alert coordinator, and certain agencies, employees, individuals, and entities are immune from civil liability for damages when performing certain actions in good faith. This bill is another avenue to prevent drowning and other accidents that can happen when someone with verified cognitive challenges and history wanders from their home. Effective Date: Except as otherwise expressly provided in this act and except for this section, which shall take effect July 1, 2021, this act shall take effect July 1, 2022. The Council is supporting this proposed legislation.
Actions
12/04/20 SENATE - Filed.
12/15/20 SENATE - Referred to Transportation; Children, Families, and Elder Affairs; Appropriations.
02/02/21 SENATE - Favorable with CS by Transportation; 7 Yeas, 0 Nays.
02/03/21 SENATE - Committee Substitute Text (C1) Filed.
SENATE - Now in Children, Families, and Elder Affairs.
02/16/21 SENATE - Favorable by Children, Families, and Elder Affairs; 8 Yeas, Nays.
04/12/21 SENATE - on Committee agenda - Appropriations, 004/15/21, 9:00 a.m., 412 K.
04/16/21 SENATE - Placed on Special Order Calendar, 04/21/21 - If Received
04/21/21 SENATE - Read Second Time; Read Third Time; Passed (Vote: 40 Yeas / 0 Nays)
HOUSE - In Messages
Similar Bills
04/23/21 HOUSE - Temporarily Postponed on Third Reading
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Summary
This bill revises the timeline for development and implementation of a student’s individual education plan (IEP) for transition services for student with disabilities to postsecondary education and career opportunities. The bill proposes an earlier timeline to assure that a path has been started before high school. Another part of the bill provides for clarity regarding a component that the Council thinks it is critical to help parents of children with disabilities understand what graduating at age 18 with a standard diploma means. Students often lose access to three years of services they would otherwise be entitled to receive if they do not defer graduation. Also, there are programs that are available only to students who do graduate at age 18. Parents and their children need to understand the differences. Effective Date: July 1, 2021. The Council is supporting this bill.
Actions
01/06/21 HOUSE - Filed.
01/20/21 HOUSE - Referred to Secondary Education & Career Development Subcommittee; PreK-12 Appropriations Subcommittee; Education & Employment Committee.
03/12/21 HOUSE - Favorable with CS by Secondary Education & Career Development Subcommittee; 17 Yeas, 0 Nays.
HOUSE Committee Substitute Text (C1) Filed.
03/16/21 HOUSE - Reference to PreK-12 Appropriations Subcommittee removed; Remaining reference: Education & Employment Committee.
03/24/21 HOUSE - Favorable with CS by Education & Employment Committee; 21 Yeas, 0 Nays.
03/25/21 HOUSE - Committee Substitute Text (C2) Filed.
03/29/21 HOUSE - Placed on Calendar, on 2nd reading.
04/15/21 HOUSE - Placed on Special Order Calendar, 04/20/21
04/22/21 SENATE - Withdrawn from Appropriations; Placed on Calendar, on 2nd reading; Substituted for SB 0726; Read Second Time; Read Third Time; Passed (Vote: 39 Yeas / 0 Nays)
HOUSE - Ordered enrolled
HOUSE - Enrolled Text (ER) Filed
Similar Bills
04/22/21 SENATE - Read Second Time; Substituted for HB 0173; Laid on Table, Refer to HB 0173.
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Summary
The bill would establish the Low-Income Home Accessibility Program within the Florida Housing Finance Corporation (FHFC). The bill requires the FHFC to work with the Centers for Independent Living, to determine further eligibility requirements and adopt and revise policies and procedures governing the operation of the program. The bill requires that funds appropriated to the FHFC for the program be deposited in the State Housing Trust Fund. This program would provide funding and services to help individuals with disabilities live independently with accommodations to their living situation for wheelchairs, ramps and other adaptive modifications and services. Effective Date: 7/1/2021. The Council is supporting this bill.
Actions
02/09/21 SENATE - Filed.
02/18/21 SENATE - Referred to Community Affairs; Appropriations Subcommittee on
Transportation, Tourism, and Economic Development; Appropriations.
Similar Bills
03/05/21 HOUSE - Now in Local Administration & Veterans Affairs Subcommittee.
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Summary
This bill requires school districts to prohibit the use of seclusion on students with disabilities in public schools and requires school districts to adopt positive behavior interventions and supports. The bill creates the Video Cameras in Public School Classrooms Pilot Program and requires continuing education and in-service training for instructional personnel teaching students with emotional or behavioral disabilities. Effective Date: 7/1/2021. The Council will only support this bill if it prohibits the use of mechanical restraints that are not prescribed by a doctor. Currently, the bill endorses the use of handcuffs, straight jackets, zip ties and tie-downs as long as they do not restrict blood circulation and breathing.
Actions
12/07/20 SENATE - Filed.
12/15/20 SENATE - Referred to Education; Appropriations Subcommittee on
Education; Appropriations.
03/23/21 SENATE - Favorable with CS by Education; 9 Yeas, 0 Nays.
03/25/21 SENATE - Committee Substitute Text (C1) Filed.
04/08/21 SENATE - Subcommittee Recommendation: Favorable by Appropriations
Subcommittee on Education; 8 Yeas, 0 Nays.
04/09/21 SENATE - Now in Appropriations.
04/14/21 SENATE - On Committee agenda - Appropriations, 04/19/21, 10:00 am, 412 K
04/22/21 SENATE - Placed on Special Order Calendar, 04/26/21
Similar Bills
04/14/21 HOUSE - Read Third Time; Passed (Vote: 118 Yeas / 0 Nays)
04/15/21 SENATE - In Messages
04/19/21 SENATE - Received
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Summary
This bill requires the Agency for Persons with Disabilities to provide specified written information to persons applying for iBudget waiver services, whether they are accepted, rejected or on the waitlist. Information includes state and local resources that will help individuals with disabilities and their families find out what is available to them especially around training and employment services. The resources do not guarantee admission into these programs. Effective Date: 7/1/2021. The Council is neutral on this bill.
Actions
01/21/21 SENATE - Filed.
01/28/21 SENATE - Referred to Children, Families, and Elder Affairs; Appropriations Subcommittee on Health and Human Services; Appropriations.
03/09/21 SENATE - Favorable with CS by Children, Families, and Elder Affairs; 8 Yeas, 0 Nays.
03/10/21 SENATE - Committee Substitute Text (C1) Filed.
SENATE - References to Appropriations Subcommittee on Health and Human Services, Appropriations removed; Reference to Rules added; Remaining reference: Rules.
04/06/21 SENATE - Favorable with CS by Rules; 16 Yeas, 0 Nays.
04/09/21 SENATE - Placed on Special Order Calendar, 04/15/21.
04/15/21 HOUSE - Substituted for HB 0117; Read Second Time; Read Third Time; Passed (Vote: 118 Yeas / 0 Nays); Immediately certified
SENATE Ordered enrolled
SENATE Enrolled Text (ER) Filed
Similar Bills
04/15/21 HOUSE - Read Second Time; Substituted for SB 0714; Laid on Table, Refer to SB 714
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Summary
This bill revises definition of term "developmental disability." This bill may be cited as “Diana’s Law.” It replaces the current statutory definition of “developmental disability” with the definition of the term currently used in federal law.
Specifically, the bill defines a developmental disability as a severe, chronic disability of an
individual that:
- Is attributable to a mental or physical impairment or combination of mental and physical impairments.
- Is manifested before the individual attains age 22.
- Is likely to continue indefinitely.
- Results in substantial functional limitations in 3 or more of the following areas of major life activity:
- Self-care.
- Receptive and expressive language.
- Learning.
- Mobility.
- Self-direction.
- Capacity for independent living.
- Economic self-sufficiency; and
- Reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.
The bill also provides that an individual from birth to age 9 who has a substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting three or more of the above criteria if the individual, without services and supports, has a high probability of meeting such criteria later in life. Effective Date: July 1, 2021. The Council is supporting this bill.
Actions
01/14/21 HOUSE - Filed.
02/03/21 HOUSE - Referred to Children, Families & Seniors Subcommittee; Health Care Appropriations Subcommittee; PreK-12 Appropriations Subcommittee; Health & Human Services Committee.
HOUSE - Now in Children, Families & Seniors Subcommittee.
Similar Bills
03/16/21 SENATE - Favorable by Children, Families, and Elder Affairs; 8 Yeas, 0 Nays
03/17/21 SENATE - Now in Appropriations Subcommittee on Health and Human Services
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