Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 890
Ì789530*Î789530
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/21/2017 .
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The Committee on Education (Bean) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 413.615, Florida Statutes, is amended to
6 read:
7 413.615 Florida Endowment for Vocational Rehabilitation.—
8 (1) SHORT TITLE.—This section may be cited as the “Florida
9 Endowment for Vocational Rehabilitation Act.”
10 (2) DEFINITIONS.—For the purposes of this section:
11 (a) “Board” means the board of directors of the Florida
12 Endowment Foundation for Vocational Rehabilitation.
13 (b) “Endowment fund” means an account established within
14 the Florida Endowment Foundation for Vocational Rehabilitation
15 to provide a continuing and growing source of revenue for
16 vocational rehabilitation efforts.
17 (c) “Foundation” means the Florida Endowment Foundation for
18 Vocational Rehabilitation.
19 (d) “Operating account” means an account established under
20 paragraph (4)(d) to carry out the purposes provided in
21 subsection (10).
22 (3) LEGISLATIVE INTENT.—The Legislature recognizes that it
23 is in the best interest of the citizens of this state that
24 citizens with disabilities be afforded a fair opportunity to
25 become self-supporting, productive members of society. However,
26 there is a critical need for significant additional funding to
27 achieve this goal. Accordingly, the Legislature further finds
28 and declares that:
29 (a) With skilled evaluation procedures and proper
30 rehabilitative treatment, plus employment, training, and
31 supportive services consistent with the needs of the individual,
32 persons who are disabled can assume the activities of daily
33 living and join their communities with dignity and independence.
34 (b) The purpose of this section is to broaden the
35 participation and funding potential for further significant
36 support for the rehabilitation of Florida citizens who are
37 disabled.
38 (c) It is appropriate to encourage individual and corporate
39 support and involvement, as well as state support and
40 involvement, to promote employment opportunities for disabled
41 citizens.
42 (4) REVENUE FOR THE ENDOWMENT FUND.—
43 (a) The endowment fund of the Florida Endowment for
44 Vocational Rehabilitation is created as a long-term, stable, and
45 growing source of revenue to be administered, in accordance with
46 rules promulgated by the division, by the foundation as a
47 direct-support organization of the division.
48 (b) The principal of the endowment fund shall derive from
49 the deposits made pursuant to s. 318.21(2)(e), together with any
50 legislative appropriations which may be made to the endowment,
51 and such bequests, gifts, grants, and donations as may be
52 solicited for such purpose by the foundation from public or
53 private sources.
54 (c) All funds remitted to the Department of Revenue
55 pursuant to s. 318.21(2)(e) and (5) shall be transmitted monthly
56 to the foundation for use as provided in subsection (10). All
57 remaining liquid balances of funds held for investment and
58 reinvestment by the State Board of Administration for the
59 endowment fund on the effective date of this act shall be
60 transmitted to the foundation within 60 days for use as provided
61 in subsection (10).
62 (d) The board of directors of the foundation shall
63 establish the operating account and shall deposit therein the
64 moneys transmitted pursuant to paragraph (c). Moneys in the
65 operating account shall be available to carry out the purposes
66 of subsection (10).
67 (5) THE FLORIDA ENDOWMENT FOUNDATION FOR VOCATIONAL
68 REHABILITATION.—The Florida Endowment Foundation for Vocational
69 Rehabilitation is hereby created as a direct-support
70 organization of the Division of Vocational Rehabilitation, to
71 encourage public and private support to enhance vocational
72 rehabilitation and employment of citizens who are disabled. As a
73 direct-support organization, the foundation shall operate under
74 contract with the division and shall:
75 (a) Be a Florida corporation not for profit incorporated
76 under the provisions of chapter 617 and approved by the
77 Department of State.
78 (b) Be organized and operated exclusively to raise funds;
79 to submit requests and receive grants from the Federal
80 Government, the state, private foundations, and individuals; to
81 receive, hold, and administer property; and to make expenditures
82 to or for the benefit of the rehabilitation programs approved by
83 the board of directors of the foundation.
84 (c) Be approved by the division to be operating for the
85 benefit and best interest of the state.
86 (6) DIRECT-SUPPORT ORGANIZATION CONTRACT.—The contract
87 between the foundation and the division shall provide for:
88 (a) Approval of the articles of incorporation of the
89 foundation by the division.
90 (b) Governance of the foundation by a board of directors
91 appointed by the Governor.
92 (c) Submission of an annual budget of the foundation for
93 approval by the division.
94 (d) Certification by the division, after an annual
95 financial and performance review, that the foundation is
96 operating in compliance with the terms of the contract and the
97 rules of the division, and in a manner consistent with the goals
98 of the Legislature in providing assistance to disabled citizens.
99 (e) The release and conditions of the expenditure of any
100 state revenues.
101 (f) The reversion to the state of moneys in the foundation
102 and in any other funds and accounts held in trust by the
103 foundation if the contract is terminated.
104 (g) The fiscal year of the foundation, to begin on July 1
105 and end on June 30 of each year.
106 (7) CONFIDENTIALITY.—
107 (a) The identity of a donor or prospective donor to the
108 Florida Endowment Foundation for Vocational Rehabilitation who
109 desires to remain anonymous and all information identifying such
110 donor or prospective donor are confidential and exempt from the
111 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
112 Constitution. Portions of meetings of the Florida Endowment
113 Foundation for Vocational Rehabilitation during which the
114 identity of donors or prospective donors is discussed are exempt
115 from the provisions of s. 286.011 and s. 24(b), Art. I of the
116 State Constitution.
117 (b) Records relating to clients of or applicants to the
118 Division of Vocational Rehabilitation that come into the
119 possession of the foundation and that are confidential by other
120 provisions of law are confidential and exempt from the
121 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
122 Constitution, and may not be released by the foundation.
123 Portions of meetings of the Florida Endowment Foundation for
124 Vocational Rehabilitation during which the identities of such
125 clients of or applicants to the Division of Vocational
126 Rehabilitation are discussed are exempt from the provisions of
127 s. 286.011 and s. 24(b), Art. I of the State Constitution.
128 (8) BOARD OF DIRECTORS.—The foundation shall be
129 administered by a board of directors, as follows:
130 (a) Membership.—The board of directors shall consist of
131 nine members who have an interest in service to persons with
132 disabilities and who:
133 1. Have skills in foundation work or other fundraising
134 activities, financial consulting, or investment banking or other
135 related experience; or
136 2. Have experience in policymaking or management-level
137 positions or have otherwise distinguished themselves in the
138 field of business, industry, or rehabilitation.
139
140 Disabled individuals who meet the above criteria shall be given
141 special consideration for appointment.
142 (b) Appointment.—The board members shall be appointed by
143 the Governor.
144 (c) Terms.—Board members shall serve for 3-year terms or
145 until resignation or removal for cause.
146 (d) Filling of vacancies.—In the event of a vacancy on the
147 board caused by other than the expiration of a term, a new
148 member shall be appointed.
149 (e) Removal for cause.—Each member is accountable to the
150 Governor for the proper performance of the duties of office. The
151 Governor may remove any member from office for malfeasance,
152 misfeasance, neglect of duty, incompetence, or permanent
153 inability to perform official duties or for pleading nolo
154 contendere to, or being found guilty of, a crime.
155 (9) ORGANIZATION, POWERS, AND DUTIES.—Within the limits
156 prescribed in this section or by rule of the division:
157 (a) Upon appointment, the board shall meet and organize.
158 Thereafter, the board shall hold such meetings as are necessary
159 to implement the provisions of this section and shall conduct
160 its business in accordance with rules promulgated by the
161 division.
162 (b) The board may solicit and receive bequests, gifts,
163 grants, donations, goods, and services. Where gifts are
164 restricted as to purpose, they may be used only for the purpose
165 or purposes stated by the donor. The board may transmit monetary
166 gifts to the State Board of Administration for deposit in the
167 endowment fund principal.
168 (c) The board may enter into contracts with the Federal
169 Government, state or local agencies, private entities, or
170 individuals to carry out the purposes of this section.
171 (d) The board may identify, initiate, and fund new and
172 creative programs to carry out the purposes of this section,
173 utilizing existing organizations, associations, and agencies to
174 carry out such rehabilitation programs and purposes wherever
175 possible.
176 (e) The board may make gifts or grants:
177 1. To the State of Florida or any political subdivision
178 thereof, or any public agency of state or local government.
179 2. To a corporation, trust, association, or foundation
180 organized and operated exclusively for charitable, educational,
181 or scientific purposes.
182 3. To any citizen who has a documented disability.
183 4. To the division for purposes of program recognition and
184 marketing, public relations and education, professional
185 development, and technical assistance and workshops for grant
186 applicants and recipients, the business community, and
187 individuals with disabilities or recognized groups organized on
188 their behalf.
189 (f) The board may advertise and solicit applications for
190 funding and shall evaluate applications and program proposals
191 submitted thereto. Funding shall be awarded only where the
192 evaluation is positive and the proposal meets both the
193 guidelines for use established in subsection (10) and such
194 evaluation criteria as the division may prescribe by rule.
195 (g) The board shall monitor, review, and annually evaluate
196 funded programs to determine whether funding should be
197 continued, terminated, reduced, or increased.
198 (h) The board shall establish an operating account as
199 provided in paragraph (4)(d).
200 (i) The board may take such additional actions, including
201 the hiring of necessary staff, as are deemed necessary and
202 appropriate to administer this section, subject to rules of the
203 division.
204 (10) DISTRIBUTION OF MONEYS.—The board shall use the moneys
205 in the operating account, by whatever means, to provide for:
206 (a) Planning, research, and policy development for issues
207 related to the employment and training of disabled citizens, and
208 publication and dissemination of such information as may serve
209 the objectives of this section.
210 (b) Promotion of initiatives for disabled citizens.
211 (c) Funding of programs which engage in, contract for,
212 foster, finance, or aid in job training and counseling for
213 disabled citizens or research, education, demonstration, or
214 other activities related thereto.
215 (d) Funding of programs which engage in, contract for,
216 foster, finance, or aid in activities designed to advance better
217 public understanding and appreciation of the field of vocational
218 rehabilitation.
219 (e) Funding of programs, property, or facilities which aid,
220 strengthen, and extend in any proper and useful manner the
221 objectives, work, services, and physical facilities of the
222 division, in accordance with the purposes of this section.
223 (11) ANNUAL AUDIT.—The board shall provide for an annual
224 financial audit of the foundation in accordance with s. 215.981.
225 The identities of donors and prospective donors who desire to
226 remain anonymous shall be protected, and that anonymity shall be
227 maintained in the auditor’s report.
228 (12) ANNUAL REPORT.—The board shall issue a report to the
229 Governor, the President of the Senate, the Speaker of the House
230 of Representatives, and the Commissioner of Education by
231 February 1 each year, summarizing the performance of the
232 endowment fund for the previous fiscal year, summarizing the
233 foundation’s fundraising activities and performance, and
234 detailing those activities and programs supported by the
235 endowment principal or earnings on the endowment principal or by
236 bequests, gifts, grants, donations, and other valued goods and
237 services received.
238 (13) RULES.—The division shall promulgate rules for the
239 implementation of this section.
240 (14) REPEAL.—This section is repealed October 1, 2027 2017,
241 unless reviewed and saved from repeal by the Legislature.
242 Section 2. This act shall take effect July 1, 2017.
243
244 ================= T I T L E A M E N D M E N T ================
245 And the title is amended as follows:
246 Delete everything before the enacting clause
247 and insert:
248 A bill to be entitled
249 An act relating to the Florida Endowment for
250 Vocational Rehabilitation; amending s. 413.615, F.S.;
251 extending the date for future review and repeal of
252 provisions governing the Florida Endowment for
253 Vocational Rehabilitation; providing an effective
254 date.