Florida Senate - 2020              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1784
       
       
       
       
       
                               Ì776336;Î776336                          
       
       576-03578-20                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Education)
    1                        A bill to be entitled                      
    2         An act relating to vocational rehabilitation services;
    3         amending s. 413.20, F.S.; defining the term
    4         “preemployment transition services”; amending s.
    5         413.207, F.S.; revising information that the Division
    6         of Vocational Rehabilitation must include in its
    7         annual performance report to the Governor and the
    8         Legislature; amending s. 413.23, F.S.; requiring the
    9         division to provide preemployment transition services
   10         to potentially eligible persons; amending s. 413.30,
   11         F.S.; removing provisions relating to trial work
   12         evaluation requirements; requiring the division to
   13         assess the service needs of eligible individuals
   14         within a specified period; providing for an extension
   15         of time for the division’s assessment under certain
   16         circumstances; creating s. 413.301, F.S.; requiring
   17         preemployment transition services to be provided to
   18         certain individuals with disabilities under certain
   19         conditions; requiring that the division provide such
   20         services within a reasonable period of time under
   21         certain circumstances; requiring the division to work
   22         with qualified providers to provide such services
   23         under certain circumstances; amending s. 413.405,
   24         F.S.; revising the composition of the Florida
   25         Rehabilitation Council; revising the responsibilities
   26         of the council to conform to changes made by the act;
   27         amending s. 413.41, F.S.; requiring the division to
   28         enter into a formal interagency agreement with the
   29         state education agency for certain purposes; requiring
   30         that such agreement meet specified requirements;
   31         requiring the division to work with local educational
   32         agencies to provide specified services and arrange for
   33         timely referrals; amending s. 413.615, F.S.; revising
   34         definitions and legislative intent; revising
   35         provisions relating to revenue for the endowment fund
   36         of the Florida Endowment for Vocational
   37         Rehabilitation; revising provisions relating to the
   38         board of directors of the Florida Endowment
   39         Foundation; revising provisions relating to
   40         administrative costs of the foundation; amending s.
   41         1003.5716, F.S.; requiring that a student’s individual
   42         education plan contain a statement regarding
   43         preemployment transition services; providing an
   44         effective date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Present subsections (20) through (27) of section
   49  413.20, Florida Statutes, are redesignated as subsections (21)
   50  through (28), respectively, and a new subsection (20) is added
   51  to that section, to read:
   52         413.20 Definitions.—As used in this part, the term:
   53         (20)“Preemployment transition services” means the services
   54  of job exploration counseling, work-based learning experiences,
   55  counseling on comprehensive transition or postsecondary
   56  education programs, workplace readiness training, and
   57  instruction in self-advocacy as required by the Workforce
   58  Innovation and Opportunity Act of 2014, which may be provided to
   59  students with disabilities who are eligible or potentially
   60  eligible for vocational rehabilitation services.
   61         Section 2. Present paragraph (d) of subsection (4) of
   62  section 413.207, Florida Statutes, is redesignated as paragraph
   63  (e), a new paragraph (d) and paragraph (f) are added to that
   64  subsection, and paragraph (a) of that subsection is amended, to
   65  read:
   66         413.207 Division of Vocational Rehabilitation; quality
   67  assurance; performance improvement plan.—
   68         (4) By December 1 of each year, the division shall submit a
   69  performance report to the Governor, the President of the Senate,
   70  and the Speaker of the House of Representatives which includes
   71  the following information for each of the 5 most recent fiscal
   72  years:
   73         (a) Caseload data, by service type and service area,
   74  including the number of individuals who apply for services and
   75  the timeframes in which eligibility is determined, plans are
   76  developed, and services are provided who receive services, by
   77  service type, reported statewide and by service area.
   78         (d)Matching fund data, including the sources and amounts
   79  of matching funds received by the division and the extent to
   80  which the state is meeting its cost-sharing requirements.
   81         (f)Transition services data, including preemployment
   82  transition services, for students and youth with disabilities by
   83  service type, including expenditure data on a statewide and
   84  service area basis, employment outcomes achieved by youth
   85  served, and postsecondary enrollment rates.
   86         Section 3. Section 413.23, Florida Statutes, is amended to
   87  read:
   88         413.23 Administration.—The division shall provide
   89  vocational rehabilitation services to persons who have
   90  disabilities determined to be eligible therefor and
   91  preemployment transition services to persons potentially
   92  eligible for such services and, in carrying out the purposes of
   93  this part, is authorized, among other things:
   94         (1) To cooperate with other departments, agencies, public
   95  and private and institutions, both public and private, and
   96  providers in providing for the vocational rehabilitation and
   97  preemployment transition services of persons who have
   98  disabilities, in studying the problems involved therein, and in
   99  establishing, developing, and providing, in conformity with the
  100  purposes of this part, such programs, facilities, and services
  101  as may be necessary or desirable;
  102         (2) To enter into reciprocal agreements with other states
  103  to provide for the vocational rehabilitation of residents of the
  104  states concerned;
  105         (3) To conduct research and compile statistics relating to
  106  the vocational rehabilitation of persons who have disabilities;
  107         (4) To prepare a federally required state plan for
  108  vocational rehabilitation, as required by the act. The state
  109  plan must contain all of the elements required by s. 101 of the
  110  act, including an assessment of the needs of persons who have
  111  disabilities and how those needs may be most effectively met.
  112  The division is authorized to make amendments to the state plan
  113  considered necessary to maintain compliance with the act and to
  114  implement such changes in order to qualify for and maintain
  115  federal funding. After completion of the state plan or making
  116  amendments to the state plan, the division must distribute
  117  copies of the state plan to the Governor, the President of the
  118  Senate, the Speaker of the House of Representatives, and the
  119  United States Secretary of Education.
  120         Section 4. Subsections (3) and (5) of section 413.30,
  121  Florida Statutes, are amended to read:
  122         413.30 Eligibility for vocational rehabilitation services.—
  123         (3) An individual is presumed to benefit in terms of an
  124  employment outcome from vocational rehabilitation services under
  125  this part unless the division can demonstrate by clear and
  126  convincing evidence that the individual is incapable of
  127  benefiting from vocational rehabilitation services in terms of
  128  an employment outcome. Before making such a determination, the
  129  division must consider the individual’s abilities, capabilities,
  130  and capacity to perform in a work situation through the use of
  131  trial work experiences. Trial work experiences include supported
  132  employment, on-the-job training, or other work experiences using
  133  realistic work settings. Under limited circumstances, if an
  134  individual cannot take advantage of trial work experiences or if
  135  options for trial work experiences have been exhausted, the
  136  division shall conduct an extended evaluation, not to exceed 18
  137  months. The evaluation must determine the eligibility of the
  138  individual and the nature and scope of needed vocational
  139  rehabilitation services. The extended evaluation must be
  140  reviewed once every 90 days to determine whether the individual
  141  is eligible for vocational rehabilitation services.
  142         (5) When the division determines that an individual is
  143  eligible for vocational rehabilitation services, the division
  144  must complete an assessment for determining eligibility and
  145  vocational rehabilitation needs and ensure that an
  146  individualized plan for employment is prepared within a
  147  reasonable period of time, not to exceed 90 days after the date
  148  of eligibility determination, unless unforeseen circumstances
  149  beyond the control of the division prevent the division from
  150  completing the assessment and individualized plan for employment
  151  within the 90-day timeframe and the division and the individual
  152  agree that an extension of time is warranted.
  153         (a) Each individualized plan for employment must be jointly
  154  developed, agreed upon, and signed by the vocational
  155  rehabilitation counselor or coordinator and the eligible
  156  individual or, in an appropriate case, a parent, family member,
  157  guardian, advocate, or authorized representative, of the
  158  individual.
  159         (b) The division must ensure that each individualized plan
  160  for employment is designed to achieve the specific employment
  161  outcome of the individual, consistent with the unique strengths,
  162  resources, priorities, concerns, abilities, and capabilities of
  163  the individual, and otherwise meets the content requirements for
  164  an individualized plan for employment as set out in federal law
  165  or regulation.
  166         (c) Each individualized plan for employment shall be
  167  reviewed annually, at which time the individual, or the
  168  individual’s parent, guardian, advocate, or authorized
  169  representative, shall be afforded an opportunity to review the
  170  plan and jointly redevelop and agree to its terms. Each plan
  171  shall be revised as needed.
  172         Section 5. Section 413.301, Florida Statutes, is created to
  173  read:
  174         413.301Preemployment transition services.—
  175         (1)Preemployment transition services shall be provided to
  176  an individual with disabilities who is between 14 and 21 years
  177  of age; who is potentially eligible for vocational
  178  rehabilitation services in a secondary, postsecondary, or other
  179  recognized education program; and who:
  180         (a)Has a current individual education plan developed by a
  181  local school board in accordance with rules of the State Board
  182  of Education; or
  183         (b)Meets the definition of an individual with a disability
  184  for the purposes of s. 504 of the Rehabilitation Act of 1973.
  185         (2)When the division receives documentation that an
  186  individual meets the conditions described in subsection (1), the
  187  division must provide preemployment transition services within a
  188  reasonable period of time, not to exceed 90 days after the date
  189  that it receives an individual’s consent or, for a minor, a
  190  parent’s or legal guardian’s consent, to receive services,
  191  unless unforeseen circumstances beyond the control of the
  192  division prevent the division from providing services within the
  193  90-day timeframe and the division and the individual or, for a
  194  minor, a parent or legal guardian agree that an extension of
  195  time is warranted.
  196         (3)If the division is unable to provide preemployment
  197  transition services within the timeframe required in subsection
  198  (2), the division must, upon the request of the individual, or
  199  for a minor, a parent or legal guardian, work with other
  200  qualified providers to provide such services.
  201         Section 6. Paragraph (h) of subsection (1) and paragraph
  202  (d) of subsection (9) of section 413.405, Florida Statutes, are
  203  amended to read:
  204         413.405 Florida Rehabilitation Council.—There is created
  205  the Florida Rehabilitation Council to assist the division in the
  206  planning and development of statewide rehabilitation programs
  207  and services, to recommend improvements to such programs and
  208  services, and to perform the functions listed in this section.
  209         (1) The council shall be composed of:
  210         (h) Current or former applicants for, or recipients of,
  211  vocational rehabilitation services, including preemployment
  212  transition services.
  213         (9) In addition to the other functions specified in this
  214  section, the council shall, after consulting with the board of
  215  directors of CareerSource Florida, Inc.:
  216         (d) To the extent feasible, conduct a review and analysis
  217  of the effectiveness of, and consumer satisfaction with:
  218         1. The functions performed by state agencies and other
  219  public and private entities responsible for performing functions
  220  for individuals who have disabilities.
  221         2. Vocational rehabilitation services:
  222         a. Provided or paid for from funds made available under the
  223  act or through other public or private sources.
  224         b. Provided by state agencies and other public and private
  225  entities responsible for providing vocational rehabilitation
  226  services to individuals who have disabilities.
  227         3.Preemployment transition services:
  228         a.Provided or paid for from funds made available under the
  229  act or through other public or private sources.
  230         b.Provided by state agencies and other public and private
  231  entities responsible for providing preemployment transition
  232  services to students who have disabilities.
  233         4.3. The employment outcomes achieved by eligible
  234  individuals receiving services under this part, including the
  235  availability of health or other employment benefits in
  236  connection with those employment outcomes; alignment with labor
  237  market demands in the state; and for youth who have
  238  disabilities, the availability of career pathways, including
  239  work-based learning experiences and customized employment.
  240         Section 7. Section 413.41, Florida Statutes, is amended to
  241  read:
  242         413.41 Cooperation by division with state agencies.—
  243         (1) The division is hereby authorized to cooperate with
  244  other agencies of state government or with any nonprofit,
  245  charitable corporations or foundations concerned with the
  246  problems of persons who have disabilities. The division may
  247  provide disability evaluation, work capacity appraisal, and
  248  appraisal of vocational rehabilitation potential of persons who
  249  have disabilities for other public agencies pursuant to
  250  agreements made with such agencies. The division may charge the
  251  agencies contracting for these services the actual cost thereof.
  252         (2)(a)The division shall enter into a formal interagency
  253  agreement with the state education agency that provides for the
  254  transition of students who have disabilities, including
  255  preemployment transition services and other vocational
  256  rehabilitation services as required by s. 101(a)(11)(D) of the
  257  Rehabilitation Act of 1973, as amended. The formal interagency
  258  agreement shall comply with the requirements of 34 C.F.R. s.
  259  361.22(b).
  260         (b)The division shall work with all local educational
  261  agencies to provide vocational rehabilitation services,
  262  including preemployment transition services, to students with
  263  disabilities. Such services may also include any preemployment
  264  transition coordination activities, such as attending individual
  265  education plan meetings for students with disabilities or
  266  attending person-centered planning meetings for students with
  267  disabilities who are receiving services under Title XIX of the
  268  Social Security Act. The division and local educational agencies
  269  must arrange for the timely referral of students for services,
  270  including electronic referral as prescribed by the division.
  271         Section 8. Subsections (2) through (6) and (8) and
  272  paragraphs (h) and (j) of subsection (9) of section 413.615,
  273  Florida Statutes, are amended to read:
  274         413.615 Florida Endowment for Vocational Rehabilitation.—
  275         (2) DEFINITIONS.—For the purposes of this section:
  276         (a) “Board” means the board of directors of the Florida
  277  Endowment Foundation for the Division of Vocational
  278  Rehabilitation within the Department of Education.
  279         (b) “Endowment fund” means an account established within
  280  the Florida Endowment Foundation for the Division of Vocational
  281  Rehabilitation within the Department of Education to provide a
  282  continuing and growing source of revenue for vocational
  283  rehabilitation efforts.
  284         (c) “Foundation” means the Florida Endowment Foundation for
  285  the Division of Vocational Rehabilitation within the Department
  286  of Education.
  287         (d) “Operating account” means an account established under
  288  paragraph (4)(c) (4)(d) to carry out the purposes provided in
  289  subsection (10).
  290         (3) LEGISLATIVE INTENT.—The Legislature recognizes that it
  291  is in the best interest of the citizens of this state that
  292  citizens with disabilities be afforded a fair opportunity to
  293  become self-supporting, productive members of society. However,
  294  there is a critical need for significant additional funding to
  295  achieve this goal. Accordingly, the Legislature further finds
  296  and declares that:
  297         (a) With skilled evaluation procedures and proper
  298  rehabilitative treatment, plus employment, training, and
  299  supportive services consistent with the needs of the individual,
  300  persons who are disabled can assume the activities of daily
  301  living and join their communities with dignity and independence.
  302         (b) The purpose of this section is to broaden the
  303  participation and funding potential for further significant
  304  support for the vocational rehabilitation of Florida citizens
  305  who are disabled.
  306         (c) It is appropriate to encourage individual and corporate
  307  support and involvement, as well as state support and
  308  involvement, to promote employment opportunities for disabled
  309  citizens.
  310         (4) REVENUE FOR THE ENDOWMENT FUND.—
  311         (a) The endowment fund of the Florida Endowment for the
  312  Division of Vocational Rehabilitation within the Department of
  313  Education is created as a long-term, stable, and growing source
  314  of revenue to be administered, in accordance with rules
  315  promulgated by the division, by the foundation as a direct
  316  support organization of the Division of Vocational
  317  Rehabilitation within the Department of Education.
  318         (b) The principal of the endowment fund shall derive from
  319  any legislative appropriations which may be made to the
  320  endowment, and such bequests, gifts, grants, and donations as
  321  may be solicited for such purpose by the foundation from public
  322  or private sources.
  323         (c)All remaining liquid balances of funds held for
  324  investment and reinvestment by the State Board of Administration
  325  for the endowment fund on the effective date of this act shall
  326  be transmitted to the foundation within 60 days for use as
  327  provided in subsection (10).
  328         (c)(d) The board of directors of the foundation shall
  329  establish the operating account and shall deposit therein the
  330  moneys transmitted pursuant to paragraph (c). Moneys in the
  331  operating account shall be available to carry out the purposes
  332  of subsection (10).
  333         (d)(e) Funds received from state sources shall be accounted
  334  for separately from bequests, gifts, grants, and donations which
  335  may be solicited for such purposes by the foundation from public
  336  or private sources. Earnings on funds received from state
  337  sources and funds received from public or private sources shall
  338  be accounted for separately.
  339         (5) THE FLORIDA ENDOWMENT FOUNDATION FOR VOCATIONAL
  340  REHABILITATION.—The Florida Endowment Foundation for Vocational
  341  Rehabilitation is hereby created as a direct-support
  342  organization of the Division of Vocational Rehabilitation within
  343  the Department of Education, to encourage public and private
  344  support to enhance vocational rehabilitation and employment of
  345  citizens who are disabled. As a direct-support organization, the
  346  foundation shall operate under contract with the division and
  347  shall:
  348         (a) Be a Florida corporation not for profit incorporated
  349  under the provisions of chapter 617 and approved by the
  350  Department of State.
  351         (b) Be organized and operated exclusively to raise funds;
  352  to submit requests and receive grants from the Federal
  353  Government, the state, private foundations, and individuals; to
  354  receive, hold, and administer property; and to make expenditures
  355  to or for the benefit of the rehabilitation programs approved by
  356  the board of directors of the foundation.
  357         (c) Be approved by the division to be operating for the
  358  benefit and best interest of the state.
  359         (6) DIRECT-SUPPORT ORGANIZATION CONTRACT.—The contract
  360  between the foundation and the division shall provide for:
  361         (a) Approval of the articles of incorporation of the
  362  foundation by the division.
  363         (b) Governance of the foundation by a board of directors
  364  appointed by the Governor.
  365         (c) Submission of an annual budget of the foundation for
  366  approval by the division. The division may not approve an annual
  367  budget that does not comply with paragraph (9)(j).
  368         (d) Approval Certification by the division, after an annual
  369  financial and performance review, that the foundation is
  370  operating in compliance with the terms of the contract and the
  371  rules of the division, and in a manner consistent with the goals
  372  of the Legislature in providing assistance to disabled citizens.
  373         (e) The release and conditions of the expenditure of any
  374  state revenues.
  375         (f) The orderly cessation of operations and reversion to
  376  the state of funds held in trust by the foundation if the
  377  contract is terminated, the foundation is dissolved, or this
  378  section is repealed.
  379         (g) The fiscal year of the foundation, to begin on July 1
  380  and end on June 30 of each year.
  381         (8) BOARD OF DIRECTORS.—The foundation shall be
  382  administered by a board of directors, as follows:
  383         (a) Membership.—The board of directors shall consist of the
  384  director of the Division of Vocational Rehabilitation within the
  385  Department of Education, or his or her designee, who shall serve
  386  as an ex officio member, and nine other members who have an
  387  interest in service to persons with disabilities and who:
  388         1. Have skills in foundation work or other fundraising
  389  activities, financial consulting, or investment banking or other
  390  related experience; or
  391         2. Have experience in policymaking or management-level
  392  positions or have otherwise distinguished themselves in the
  393  field of business, industry, or rehabilitation.
  394  
  395  Disabled individuals who meet the above criteria shall be given
  396  special consideration for appointment.
  397         (b) Appointment.—The board members shall be appointed by
  398  the Governor.
  399         (c) Terms.—Board members shall serve for two 3-year terms
  400  or until resignation or removal for cause. A board member may
  401  continue to serve until a successor is appointed.
  402         (d) Filling of vacancies.—In the event of a vacancy on the
  403  board caused by other than the expiration of a term, a new
  404  member shall be appointed.
  405         (e) Removal for cause.—Each member is accountable to the
  406  Governor for the proper performance of the duties of office. The
  407  Governor may remove any member from office for malfeasance,
  408  misfeasance, neglect of duty, incompetence, or permanent
  409  inability to perform official duties or for pleading nolo
  410  contendere to, or being found guilty of, a crime.
  411         (9) ORGANIZATION, POWERS, AND DUTIES.—Within the limits
  412  prescribed in this section or by rule of the division:
  413         (h) The board shall establish an operating account as
  414  provided in paragraph (4)(c) (4)(d).
  415         (j) Administrative costs shall be kept to the minimum
  416  amount necessary for the efficient and effective administration
  417  of the foundation and are limited to 15 percent of total actual
  418  estimated expenditures in any fiscal calendar year.
  419  Administrative costs include payment of travel and per diem
  420  expenses of board members, officer salaries, chief executive
  421  officer program management, audits, salaries or other costs for
  422  nonofficers and contractors providing services that are not
  423  directly related to the mission of the foundation as described
  424  in subsection (5), costs of promoting the purposes of the
  425  foundation, all travel and per diem expenses of board members,
  426  officers’ salaries, chief executive officer program management,
  427  and other allowable costs. Administrative costs may be paid from
  428  the following sources:
  429         1.Interest and earnings on the endowment principal for the
  430  2017-2018 fiscal year.
  431         2.Private sources and up to 75 percent of interest and
  432  earnings on the endowment principal for the 2018-2019 fiscal
  433  year.
  434         3.Private sources and up to 50 percent of interest and
  435  earnings on the endowment principal for the 2019-2020 fiscal
  436  year.
  437         1.4. Private sources and up to 25 percent of interest and
  438  earnings on the endowment principal for the 2020-2021 fiscal
  439  year.
  440         2.5. Solely private sources for the 2021-2022 fiscal year
  441  and thereafter.
  442         Section 9. Paragraph (c) of subsection (2) of section
  443  1003.5716, Florida Statutes, is amended to read:
  444         1003.5716 Transition to postsecondary education and career
  445  opportunities.—All students with disabilities who are 3 years of
  446  age to 21 years of age have the right to a free, appropriate
  447  public education. As used in this section, the term “IEP” means
  448  individual education plan.
  449         (2) Beginning not later than the first IEP to be in effect
  450  when the student attains the age of 16, or younger if determined
  451  appropriate by the parent and the IEP team, the IEP must include
  452  the following statements that must be updated annually:
  453         (c) A statement of appropriate measurable long-term
  454  postsecondary education and career goals based upon age
  455  appropriate transition assessments related to training,
  456  education, employment, and, if appropriate, independent living
  457  skills and the transition services, including preemployment
  458  transition services and courses of study needed to assist the
  459  student in reaching those goals.
  460         Section 10. This act shall take effect July 1, 2020.