CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. SB 136

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Forman moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 1, line 10,

15

16  insert:

17         Section 1.  Present subsection (2) of section 413.011,

18  Florida Statutes, is redesignated as subsection (3) and

19  amended, and a new subsection (2) is added to that section, to

20  read:

21         413.011  Division of Blind Services, internal

22  organizational structure; Advisory Council for the Blind.--

23         (2)  As used in this section, the term:

24         (a)  "Act" means the Rehabilitation Act of 1973, 29

25  U.S.C. s. 706(8)(b), unless the context indicates otherwise.

26         (b)  "Blindness" or "blind" means the state of

27  blindness as a disability, as defined by the Rehabilitation

28  Act of 1973, 29 U.S.C. s. 706(8)(b).

29         (c)  "Department" means the Department of Labor and

30  Employment Security.

31         (3)(2)  There is hereby created in the department of

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                                                  SENATE AMENDMENT

    Bill No. SB 136

    Amendment No.    





 1  Labor and Employment Security the Advisory Council for the

 2  Blind to assist the division in the planning and development

 3  of statewide rehabilitation programs and services, to

 4  recommend improvements to such programs and services, and to

 5  perform the functions listed in this section. The council

 6  shall be composed of:

 7         1.  At least one representative of the Independent

 8  Living Council, who may be the chairperson or the

 9  chairperson's designee;

10         2.  At least one representative of a parent training

11  and information center established pursuant to s. 631(c)(9) of

12  the Individuals with Disabilities Act, 20 U.S.C. s.

13  1431(c)(9);

14         3.  At least one representative of the client

15  assistance program established under the act;

16         4.  At least one vocational rehabilitation counselor

17  who has knowledge of and experience in vocational

18  rehabilitation services for the blind, who shall be an ex

19  officio, nonvoting member of the council if he or she is an

20  employee of the department;

21         5.  At least one representative of community

22  rehabilitation program service providers;

23         6.  Four representatives of business, industry, and

24  labor;

25         7.  At least one representative of a disability

26  advocacy group representing individuals who are blind;

27         8.  At least one parent, family member, guardian,

28  advocate, or authorized representative of an individual who is

29  blind, has multiple disabilities, and either has difficulties

30  representing himself or herself or is unable, due to

31  disabilities, to represent himself or herself;

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                                                  SENATE AMENDMENT

    Bill No. SB 136

    Amendment No.    





 1         9.  Current or former applicants for or recipients of

 2  vocational rehabilitation services; and

 3         10.  The director of the division, who shall be an ex

 4  officio member.

 5         (b)  Members of the council shall be appointed by the

 6  Governor, who shall select members after soliciting

 7  recommendations from representatives of organizations that

 8  represent a broad range of individuals who have disabilities

 9  and from organizations that are interested in such

10  individuals.

11         (c)  A majority of council members must be blind and

12  must not be employed by the Division of Blind Services.

13         (d)  The council shall select a chairperson from among

14  its members.

15         (e)  Each member of the council shall be appointed to

16  serve for a term of not more than 3 years, except that:

17         1.  A member who is appointed to fill a vacancy that

18  occurs before the expiration of the term for which the

19  member's predecessor was appointed shall be appointed for the

20  remainder of the predecessor's term, and

21         2.  The terms of service of the members who are

22  initially appointed shall be of such duration, as specified by

23  the Governor, as will provide for the terms to be staggered.

24         (f)  A member may not serve more than two consecutive

25  full terms.

26         (g)  A vacancy in the membership of the council must be

27  filled in the same manner as the original appointment. A

28  vacancy does not affect the power of the remaining members to

29  execute the duties of the council.

30         (h)  In addition to other functions specified in this

31  section, the council shall:

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                                                  SENATE AMENDMENT

    Bill No. SB 136

    Amendment No.    





 1         1.  Review, analyze, and advise the division regarding

 2  the performance of the division's responsibilities under Title

 3  I of the act, especially the responsibilities relating to:

 4         a.  Eligibility, including order of selection;

 5         b.  The extent, scope, and effectiveness of services

 6  provided; and

 7         c.  Functions performed by state agencies which affect

 8  or potentially affect the ability of individuals who are blind

 9  to achieve rehabilitation goals and objectives under Title I.

10         2.  Advise the department and the division, and, at the

11  discretion of the department or division, assist in the

12  preparation of applications, the state plan, the strategic

13  plan, and amendments to the plans, reports, needs assessments,

14  and evaluations required by Title I.

15         3.  To the extent feasible, conduct a review and

16  analysis of the effectiveness of, and consumer satisfaction

17  with:

18         a.  The functions performed by state agencies and other

19  public and private entities that are responsible for

20  performing functions for individuals who are blind.

21         b.  Vocational rehabilitation services that are:

22         (I)  Provided or paid for from funds made available

23  under the act or through other public or private sources.

24         (II)  Provided by state agencies and other public and

25  private entities responsible for providing vocational

26  rehabilitation services to individuals who are blind.

27         4.  Prepare an annual report on the status of

28  vocational rehabilitation services for the blind in this

29  state, submit the report to the Governor and the Commissioner

30  of the Rehabilitative Services Administration, which is

31  established under s. 702 of the act, and make the report

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                                                  SENATE AMENDMENT

    Bill No. SB 136

    Amendment No.    





 1  available to the public.

 2         5.  Coordinate with other councils within this state,

 3  including the Independent Living Council, the advisory panel

 4  established under s. 613(a)(12) of the Individuals with

 5  Disabilities Education Act, 20 U.S.C. 1413(a)(12), the State

 6  Planning Council described in s. 124 of the Developmental

 7  Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s.

 8  6024, and the state mental-health planning council established

 9  under s. 1916(e) of the Public Health Service Act, 42 U.S.C.

10  300x-4(e).

11         6.  Advise the department and division and provide for

12  coordination and the establishment of working relationships

13  among the department, the division, the Independent Living

14  Council, and centers for independent living in the state.

15         7.  Perform such other functions consistent with the

16  purposes of the act which the council determines to be

17  appropriate and which are comparable to functions performed by

18  the council.

19         (i)  The council shall prepare, in conjunction with the

20  division, a plan for providing such resources, including such

21  staff and other personnel, as are necessary to carry out the

22  functions of the council. The resource plan must, to the

23  maximum extent possible, rely on the use of resources in

24  existence during the period of implementation of the plan.

25         2.  If there is a disagreement between the council and

26  the division with respect to the resources necessary to carry

27  out the functions of the council as set forth in this section,

28  the Governor shall resolve the disagreement.

29         3.  The council shall, consistent with law, supervise

30  and evaluate such staff and other personnel as are necessary

31  for carrying out its functions.

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                                                  SENATE AMENDMENT

    Bill No. SB 136

    Amendment No.    





 1         4.  While assisting the council in carrying out its

 2  duties, staff and other personnel may not be assigned, by the

 3  division or by any other state agency or office, to perform

 4  duties that would create a conflict of interest.

 5         (j)  A council member may not cast a vote on any matter

 6  if a favorable vote of the council on that matter would

 7  provide financial advantage to that member or if it appears

 8  that, under state law, the member has a conflict of interest

 9  in that matter.

10         (k)  The council shall convene at least four meetings

11  each year. These meetings must occur in such places as the

12  council considers necessary for the conduct of council

13  business. The council may conduct such forums or hearings as

14  the council considers appropriate. The meetings, hearings, and

15  forums must be publicly announced and must be open and

16  accessible to the public unless there is a valid reason under

17  s. 119.15 for an executive session. The council shall make a

18  record of each meeting, which must include a record of its

19  discussions and recommendations, and all such records must be

20  made available to the public.

21         (l)  The council may reimburse members for reasonable

22  and necessary expenses of attending council meetings and

23  performing council duties, including costs of child care and

24  personal assistance services, as provided in and subject to s.

25  112.061. The council may pay reasonable compensation to a

26  member of the council, if the member is not employed or must

27  forfeit wages from other employment, for each day the member

28  is engaged in performing the duties of the council. The

29  council shall be advisory to the director of the Division of

30  Blind Services, and the division shall provide necessary staff

31  assistance to the council.  The council shall consist of nine

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                                                  SENATE AMENDMENT

    Bill No. SB 136

    Amendment No.    





 1  members appointed by the Secretary of Labor and Employment

 2  Security.  At least three members shall be blind persons.

 3  Appointment shall be for terms of 4 years.  No person or

 4  persons in the employ of the state shall be eligible for

 5  membership on the council.  Each member of the council shall

 6  have been a citizen and elector of this state for not less

 7  than 5 years immediately preceding the date of his or her

 8  appointment. Council members may be replaced because of poor

 9  attendance or lack of participation in the work of the

10  council.  A vacancy shall be filled for the remainder of the

11  unexpired term in the same manner as an initial appointment.

12  The members shall elect from among the membership a

13  chairperson and a vice chairperson who shall each serve for a

14  term of 1 year. No member shall be elected to consecutive

15  terms as chairperson. Members shall receive no compensation

16  for their services, but shall be reimbursed for travel

17  expenses as provided in s. 112.061.  The council shall meet at

18  the call of its chairperson, at the request of a majority of

19  its membership, at the request of the division, or at such

20  times as may be prescribed by its rules.

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22  (Redesignate subsequent sections.)

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24

25  ================ T I T L E   A M E N D M E N T ===============

26  And the title is amended as follows:

27         On page 1, line 2, delete that line

28

29  and insert:

30         An act relating to services for the blind;

31         amending s. 413.011, F.S.; providing

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                                                  SENATE AMENDMENT

    Bill No. SB 136

    Amendment No.    





 1         definitions; providing the composition of the

 2         council; providing for appointments to the

 3         council; providing for terms of council

 4         members; providing functions of the council;

 5         providing for a plan of resources; providing

 6         for staff; providing for forums and hearings;

 7         providing for open meetings, with exceptions as

 8         specified; providing for the reimbursement of

 9         members' expenses; providing for the

10         compensation of members, in specified

11         circumstances;

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