Senate Bill sb2206c1

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    Florida Senate - 2002                           CS for SB 2206

    By the Committee on Education; and Senator Mitchell





    304-2040B-02

  1                      A bill to be entitled

  2         An act relating to services for persons who

  3         have disabilities; amending ss. 20.15, 20.171,

  4         229.003, 229.004, and 229.0073, F.S.;

  5         conforming organizational provisions to the

  6         transfer of the Division of Vocational

  7         Rehabilitation and the Division of Blind

  8         Services from the Department of Labor and

  9         Employment Security to the Department of

10         Education; providing for establishment and

11         oversight of the divisions within the

12         reorganized state education system; amending s.

13         413.20, F.S.; revising definitions under pt. II

14         of ch. 413, F.S., relating to vocational

15         rehabilitation programs; creating s. 413.201,

16         F.S.; providing that the Department of

17         Education is the designated state agency for

18         implementing federal vocational rehabilitation

19         requirements; creating s. 413.202, F.S.;

20         providing that the Division of Vocational

21         Rehabilitation is the designated administrative

22         unit for such implementation; creating s.

23         413.203, F.S.; providing legislative intent and

24         procedure with respect to conflicting laws;

25         creating s. 413.206, F.S.; requiring the

26         Division of Vocational Rehabilitation to

27         develop a 5-year plan relating to general

28         vocational rehabilitation programs; providing

29         requirements for the contents of the plan;

30         requiring annual reports; creating s. 413.207,

31         F.S.; providing quality assurance and

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    Florida Senate - 2002                           CS for SB 2206
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  1         performance requirements for the Division of

  2         Vocational Rehabilitation; creating s. 413.208,

  3         F.S.; providing for service providers' quality

  4         assurance and fitness for their

  5         responsibilities; amending s. 413.23, F.S.;

  6         revising provisions relating to the federally

  7         required state plan for administration of

  8         vocational rehabilitation services; amending s.

  9         413.395, F.S.; clarifying reporting

10         requirements of the Florida Independent Living

11         Council; revising references to conform to

12         changes made by the act; amending s. 413.401,

13         F.S.; revising references to conform to changes

14         made by the act; amending s. 413.405, F.S.;

15         renaming the Rehabilitation Advisory Council as

16         the Florida Rehabilitation Council; revising

17         council membership and duties; requiring the

18         council to submit reports to the Governor,

19         Legislature, and United States Secretary of

20         Education; amending ss. 11.45, 90.6063,

21         215.311, 394.75, 395.404, 410.0245, 410.604,

22         413.034, 413.051, 413.064, 413.066, 413.067,

23         413.091, 413.092, 413.445, 413.615, 944.012,

24         F.S.; revising provisions and references to

25         conform to changes made by the act; requiring

26         the Office of Program Policy Analysis and

27         Government Accountability to conduct a review

28         of the progress of the Division of Vocational

29         Rehabilitation and to prepare a report;

30         repealing pt. III of ch. 413, F.S., and s.

31         445.024(8), F.S., relating to creation and

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    Florida Senate - 2002                           CS for SB 2206
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  1         duties of the Occupational Access and

  2         Opportunity Commission; providing an effective

  3         date.

  4

  5  Be It Enacted by the Legislature of the State of Florida:

  6

  7         Section 1.  Subsection (3) of section 20.15, Florida

  8  Statutes, is amended to read:

  9         20.15  Department of Education.--There is created a

10  Department of Education.

11         (3)  DIVISIONS.--The following divisions of the

12  Department of Education are established:

13         (a)  Division of Community Colleges.

14         (b)  Division of Public Schools and Community

15  Education.

16         (c)  Division of Universities.

17         (d)  Division of Workforce Development.

18         (e)  Division of Professional Educators.

19         (f)  Division of Administration.

20         (g)  Division of Financial Services.

21         (h)  Division of Support Services.

22         (i)  Division of Technology.

23         (j)  Division of Blind Services.

24         (k)  Division of Vocational Rehabilitation.

25         Section 2.  Paragraph (b) of subsection (4) and

26  paragraph (c) of subsection (5) of section 20.171, Florida

27  Statutes, are amended to read:

28         20.171  Department of Labor and Employment

29  Security.--There is created a Department of Labor and

30  Employment Security. The department shall operate its programs

31  in a decentralized fashion.

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  1         (4)

  2         (b)  The assistant secretary is responsible for

  3  developing, monitoring, and enforcing policy and managing

  4  major technical programs and supervising the Bureau of Appeals

  5  of the Division of Unemployment Compensation. The

  6  responsibilities and duties of the position include, but are

  7  not limited to, the following functional areas:

  8         1.  Workers' compensation management and policy

  9  implementation.

10         2.  Unemployment compensation management and policy

11  implementation.

12         3.  Blind services management and policy

13  implementation.

14         3.4.  Oversight of the five field offices and any local

15  offices.

16         (5)  The following divisions are established and shall

17  be headed by division directors who shall be supervised by and

18  shall be responsible to the Assistant Secretary for Programs

19  and Operations:

20         (c)  Division of Vocational Rehabilitation.

21         Section 3.  Paragraph (i) of subsection (5) of section

22  229.003, Florida Statutes, is amended to read:

23         229.003  Florida education governance reorganization.--

24         (5)  Effective July 1, 2001:

25         (i)  Notwithstanding the provisions of s. 20.15, the

26  Commissioner of Education and the Secretary of the Florida

27  Board of Education shall work together to commence the

28  reorganization of the Department of Education in accordance

29  with s. 229.0073, which shall include an Office of the

30  Commissioner of Education comprised of the general areas of

31

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    Florida Senate - 2002                           CS for SB 2206
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  1  operation that are common to all delivery sectors and, in

  2  addition, shall include:

  3         1.  The creation of an Office of Technology and

  4  Information Services, an Office of Workforce and Economic

  5  Development, an Office of Educational Facilities and SMART

  6  Schools Clearinghouse, and an Office of Student Financial

  7  Assistance.

  8         2.  The creation of a Division of Colleges and

  9  Universities.

10         3.  The creation of a Division of Community Colleges.

11         4.  The creation of a Division of Public Schools.

12         5.  The creation of a Division of Independent

13  Education.

14         6.  The creation of a Division of Vocational

15  Rehabilitation.

16         7.  The creation of a Division of Blind Services.

17         8.6.  The merger of the powers, duties, and staffs of

18  the State Board of Independent Colleges and Universities and

19  the State Board of Nonpublic Career Education, except as

20  relating to any independent nonprofit college or university

21  whose students are eligible to receive the William L. Boyd,

22  IV, Florida resident access grants pursuant to s. 240.605,

23  into a single Commission for Independent Education

24  administratively housed within the Division of Independent

25  Education.

26         Section 4.  Paragraphs (e) and (f) are added to

27  subsection (4) of section 229.004, Florida Statutes, to read:

28         229.004  Florida Board of Education.--

29         (4)  The board, through its secretary, with the

30  Commissioner of Education, shall be responsible for:

31

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    Florida Senate - 2002                           CS for SB 2206
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  1         (e)  The work of the director of the Division of

  2  Vocational Rehabilitation to establish and maintain optimal

  3  efficiency of a Division of Vocational Rehabilitation within

  4  the guidelines of s. 229.0073 and part II of chapter 413 and

  5  to achieve the mission and goals of part II of chapter 413.

  6         (f)  The work of the director of the Division of Blind

  7  Services to establish and maintain optimal efficiency of a

  8  Division of Blind Services within the guidelines of s.

  9  229.0073 and part I of chapter 413 and to achieve the mission

10  and goals of part I of chapter 413.

11         Section 5.  Paragraphs (e) and (f) are added to

12  subsection (4) of section 229.0073, Florida Statutes, to read:

13         229.0073  Reorganization of the Department of

14  Education.--Effective July 1, 2001, notwithstanding the

15  provisions of s. 20.15, the secretary's Education

16  Reorganization Workgroup is established to direct and provide

17  oversight for the reorganization of Florida's K-20 Department

18  of Education. The workgroup shall be comprised of the

19  Secretary of the Florida Board of Education, the Commissioner

20  of Education, the Governor or his designee, the Chancellor of

21  Colleges and Universities, the Chancellor of Community

22  Colleges, the Chancellor of Public Schools, and the Executive

23  Director of Independent Education, who shall consult with the

24  legislative members of the Education Governance Reorganization

25  Transition Task Force. The reorganization shall:

26         (4)  Establish the following divisions within the

27  department:

28         (e)  Division of Vocational Rehabilitation.--The

29  designated administrative unit for the state's vocational

30  rehabilitation program.

31

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    Florida Senate - 2002                           CS for SB 2206
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  1         (f)  Division of Blind Services.--The designated

  2  administrative unit for services to blind persons.

  3         Section 6.  Section 413.20, Florida Statutes, is

  4  amended to read:

  5         413.20  Definitions.--As used in this part, the term:

  6         (1)  "Act" means the Rehabilitation Act of 1973, as

  7  amended.

  8         (2)  "Activity of daily living" means an activity

  9  required on a frequent basis that permits an individual to

10  secure or maintain independence. Such activities include, but

11  are not limited to, personal home care, transportation,

12  personal assistance services, housekeeping, shopping,

13  attending school, communication, and employment.

14         (3)  "Assessment for determining eligibility and

15  vocational rehabilitation needs" means a review of existing

16  data to determine whether an individual is eligible for

17  vocational rehabilitation services and to assign the priority,

18  and, to the extent additional data is necessary to make such

19  determination and assignment, a preliminary assessment of such

20  data, including the provision of goods and services during

21  such assessment. If additional data is necessary, the division

22  must make a comprehensive assessment of the unique strengths,

23  resources, priorities, concerns, abilities, capabilities,

24  interests, and informed choice needs, including the need for

25  supported employment, of an eligible individual to make a

26  determination of the goals, objectives, nature, and scope of

27  vocational rehabilitation services to be included in the

28  individualized plan for employment written rehabilitation

29  program of the individual.

30         (4)  "Center for independent living" means a

31  consumer-controlled, community-based, cross-disability,

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  1  nonresidential, private, nonprofit organization designed and

  2  operated within a local community by persons who have

  3  disabilities to provide an array of independent living

  4  services.

  5         (5)  "Community rehabilitation program" means a program

  6  that provides directly or facilitates the provision of one or

  7  more services to persons who have disabilities to enable them

  8  to maximize their opportunities for employment, including

  9  career advancement.

10         (6)(5)  "Department" means the Department of Education

11  Labor and Employment Security.

12         (7)(6)  "Disability" means a physical or mental

13  impairment that constitutes or results in a substantial

14  impediment to employment.

15         (8)(7)  "Division" means the Division of Vocational

16  Rehabilitation of the Department of Education Labor and

17  Employment Security.

18         (8)  "Emergency medical evacuation system" means a

19  division-approved transportation system that provides timely

20  skilled emergency care and movement of persons believed to

21  have suffered brain or spinal cord injuries.

22         (9)  "Employment outcome" means, with respect to an

23  individual, entering or retaining full-time or, if

24  appropriate, part-time competitive employment in the

25  integrated labor market to the greatest extent practicable,

26  supported employment, or any other type of employment,

27  including self-employment, telecommuting, or business

28  ownership, that is consistent with an individual's strengths,

29  resources, priorities, concerns, abilities, capabilities,

30  interests, and informed choice or satisfying any other

31

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    Florida Senate - 2002                           CS for SB 2206
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  1  vocational outcome the secretary may determine to be

  2  consistent with the act.

  3         (10)  "Extended services" means one or more ongoing

  4  support services and other appropriate services needed to

  5  support and maintain a person who has a most significant

  6  severe disability in supported employment and to assist an

  7  eligible person in maintaining integrated and competitive

  8  employment. Extended services are based upon a determination

  9  of the needs of the eligible person as specified in the

10  person's individualized written rehabilitation program and are

11  provided by a state agency, a nonprofit private organization,

12  an employer, or any other appropriate resource after the

13  person has made the transition from support provided by the

14  department.

15         (11)  "Independent living core services" means

16  informational and referral services; independent living skills

17  training; peer counseling, including cross-disability peer

18  counseling; and individual and systems advocacy.

19         (12)  "Independent living services" means any

20  appropriate rehabilitation service that will enhance the

21  ability of a person who has a severe disability to live

22  independently, to function within her or his family and

23  community and, if appropriate, to secure and maintain

24  employment. Services may include, but are not limited to,

25  psychological counseling and psychotherapeutic counseling;

26  independent living care services; community education and

27  related services; housing assistance; physical and mental

28  restoration; personal attendant care; transportation; personal

29  assistance services; interpretive services for persons who are

30  deaf; recreational activities; services to family members of

31  persons who have severe disabilities; vocational and other

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    Florida Senate - 2002                           CS for SB 2206
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  1  training services; telecommunications services; sensory and

  2  other technological aids and devices; appropriate preventive

  3  services to decrease the needs of persons assisted under the

  4  program; and other rehabilitation services appropriate for the

  5  independent living needs of a person who has a severe

  6  disability.

  7         (13)  "Limiting disability" means a physical condition

  8  that constitutes, contributes to, or, if not corrected, will

  9  result in an impairment of one or more activities of daily

10  living but does not result in an individual qualifying as a

11  person who has a disability.

12         (14)  "Occupational license" means any license, permit,

13  or other written authority required by any governmental unit

14  to be obtained in order to engage in an occupation.

15         (15)  "Ongoing support services" means services

16  provided at a twice-monthly minimum to persons who have a most

17  significant disability severe disabilities, to:

18         (a)  Make an assessment regarding the employment

19  situation at the worksite of each individual in supported

20  employment or, under special circumstances at the request of

21  the individual, offsite.

22         (b)  Based upon the assessment, provide for the

23  coordination or provision of specific intensive services, at

24  or away from the worksite, that are needed to maintain the

25  individual's employment stability.

26

27  The ongoing support services may consist of, but are not

28  limited to, the provision of skilled job trainers who

29  accompany the individual for intensive job-skill training at

30  the worksite, job development and placement, social skills

31

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  1  training, followup services, and facilitation of natural

  2  supports at the worksite.

  3         (16)  "Person who has a disability" means an individual

  4  who has a physical or mental impairment that, for the

  5  individual, constitutes or results in a substantial impediment

  6  to employment and who can therefore benefit in terms of an

  7  employment outcome from vocational rehabilitation services.

  8  The term encompasses the terms "person who has a significant

  9  disability" and term "person who has a most significant severe

10  disability."

11         (17)  "Person who has a significant severe disability"

12  means an individual who has a disability that is a severe

13  physical or mental impairment that seriously limits one or

14  more functional capacities, such as mobility, communication,

15  self-care, self-direction, interpersonal skills, work

16  tolerance, or work skills, in terms of an employment outcome;

17  whose vocational rehabilitation may be expected to require

18  multiple vocational rehabilitation services over an extended

19  period of time; and who has one or more physical or mental

20  disabilities resulting from amputation, arthritis, autism,

21  blindness, burn injury, cancer, cerebral palsy, cystic

22  fibrosis, deafness, head injury, heart disease, hemiplegia,

23  hemophilia, respiratory or pulmonary dysfunction, mental

24  retardation, mental illness, multiple sclerosis, muscular

25  dystrophy, musculoskeletal disorder, neurological disorder,

26  including stroke and epilepsy, paraplegia, quadriplegia, or

27  other spinal cord condition, sickle-cell anemia, specific

28  learning disability, end-stage renal disease, or another

29  disability or a combination of disabilities that is

30  determined, after an assessment for determining eligibility

31

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  1  and vocational rehabilitation needs, to cause comparable

  2  substantial functional limitation.

  3         (18)  "Person who has a most significant disability"

  4  means a person who has a significant disability who meets the

  5  designated administrative unit's criteria for a person who has

  6  a most significant disability.

  7         (19)(18)  "Personal assistance services" means a range

  8  of services, provided by one or more persons, designed to

  9  assist a person who has a disability to perform daily living

10  activities on or off the job that the individual would

11  typically perform if the individual did not have a disability.

12  Such services shall be designed to increase the individual's

13  control in life and ability to perform everyday activities on

14  or off the job.

15         (20)(19)  "Physical and mental restoration" means any

16  medical, surgical, or therapeutic treatment necessary to

17  correct or substantially modify a physical or mental condition

18  that is stable or slowly progressive and constitutes an

19  impediment to employment, but is of such nature that the

20  treatment can such correction or modification may reasonably

21  be expected to correct or modify eliminate or reduce such

22  impediment to employment within a reasonable length of time,

23  including, but not limited to, medical, psychiatric, dental,

24  and surgical treatment, nursing services, hospital care in

25  connection with surgery or treatment, convalescent home care,

26  drugs, medical and surgical supplies, and prosthetic and

27  orthotic devices.

28         (21)  "Program" means an agency, organization, or

29  institution, or a unit of an agency, organization, or

30  institution, that provides directly or facilitates the

31

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    Florida Senate - 2002                           CS for SB 2206
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  1  provision of vocational rehabilitation services as one of its

  2  major functions.

  3         (22)(20)  "Rehabilitation" means those events and

  4  processes occurring after injury and progressing to ultimate

  5  stabilization and maximum possible recovery.

  6         (21)  "Rehabilitation center" means a division-approved

  7  facility providing intermediate care that stresses

  8  rehabilitation for persons who have brain or spinal cord

  9  injuries.

10         (23)(22)  "Rehabilitation service" means any service,

11  provided directly or indirectly through public or private

12  agencies, found by the division to be necessary to enable a

13  person who has a limiting disability to engage in competitive

14  employment.

15         (24)(23)  "Rules" means rules adopted made by the

16  department and promulgated in the manner prescribed by law.

17         (24)  "Secretary" means the secretary of the Department

18  of Labor and Employment Security.

19         (25)  "State plan" means the state plan approved by the

20  Federal Government as qualifying for federal funds under the

21  Rehabilitation Act of 1973, as amended. However, the term

22  "state plan," as used in ss. 413.39-413.401, means the State

23  Plan for Independent Living Rehabilitative Services under

24  Title VII(A) of the Rehabilitation Act of 1973, as amended.

25         (26)  "Supported employment" means competitive work in

26  integrated working settings for persons who have severe

27  disabilities and for whom competitive employment has not

28  traditionally occurred or for whom competitive employment has

29  been interrupted or is intermittent as a result of a severe

30  disability. Persons who have severe disabilities requiring

31

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  1  supported employment need intensive supported employment

  2  services or extended services in order to perform such work.

  3         (27)  "Supported employment services" means ongoing

  4  support services and other appropriate services needed to

  5  support and maintain a person who has a severe disability in

  6  supported employment. Supported employment services are based

  7  upon a determination of the needs of the eligible individual

  8  as specified in the person's individualized written

  9  rehabilitation program. The services are provided singly or in

10  combination and are organized and made available in such a way

11  as to assist eligible individuals in entering or maintaining

12  integrated, competitive employment. The services are provided

13  for a period of time not to extend beyond 18 months, but can

14  be extended under special circumstances with the consent of

15  the individual to achieve the objectives of the rehabilitation

16  plan.

17         (28)  "Third-party coverage" means any claim for, right

18  to receive payment for or any coverage for, the payment of any

19  vocational rehabilitation and related services.

20         (29)  "Third-party payment" means any and all payments

21  received or due as a result of any third-party coverage.

22         (30)  "Transition services" means a coordinated set of

23  activities for a student, designed within an outcome-oriented

24  process, that promote movement from school to postschool

25  activities, including postsecondary education; vocational

26  training; integrated employment; including supported

27  employment; continuing and adult education; adult services;

28  independent living; or community participation. The

29  coordinated set of activities must be based upon the

30  individual student's needs, taking into account the student's

31  preferences and interests, and must include instruction,

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  1  community experiences, the development of employment and other

  2  postschool adult living objectives, and, when appropriate,

  3  acquisition of daily living skills and functional vocational

  4  evaluation.

  5         (31)  "Transitional living facility" means a

  6  state-approved facility as defined and licensed pursuant to

  7  chapter 400 and division-approved in accord with this part.

  8         (32)  "Trauma center" means a state-approved acute care

  9  facility that provides diagnosis and treatment of persons who

10  have brain or spinal cord injuries.

11         (33)  "Traumatic injury" means:

12         (a)  A lesion to the spinal cord or cauda equina with

13  evidence of significant involvement of two of the following

14  deficits or dysfunctions:

15         1.  Motor deficit.

16         2.  Sensory deficit.

17         3.  Bowel and bladder dysfunction; or

18         (b)  An insult to the skull, brain, or its covering,

19  resulting from external trauma which produces an altered state

20  of consciousness or anatomic motor, sensory, cognitive, or

21  behavioral deficits.

22         (32)(34)  "Vocational rehabilitation" and "vocational

23  rehabilitation services" mean any service, provided directly

24  or through public or private instrumentalities, to enable an

25  individual or group of individuals to achieve an employment

26  outcome, including, but not limited to, medical and vocational

27  diagnosis, an assessment for determining eligibility and

28  vocational rehabilitation needs by qualified personnel;

29  counseling, guidance, and work-related placement services;

30  vocational and other training services; physical and mental

31  restoration services; maintenance for additional costs

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  1  incurred while participating in rehabilitation; interpreter

  2  services for individuals who are deaf; recruitment and

  3  training services to provide new employment opportunities in

  4  the fields of rehabilitation, health, welfare, public safety,

  5  law enforcement, and other appropriate service employment;

  6  occupational licenses; tools, equipment, and initial stocks

  7  and supplies; transportation; telecommunications, sensory, and

  8  other technological aids and devices; rehabilitation

  9  technology services; referral services designed to secure

10  needed services from other agencies; transition services;

11  on-the-job or other related personal assistance services; and

12  supported employment services.

13         (33)(35)  "Vocational rehabilitation and related

14  services" means any services that are provided or paid for by

15  the division.

16         Section 7.  Section 413.201, Florida Statutes, is

17  created to read:

18         413.201  Designated state agency.--In order to comply

19  with the Vocational Rehabilitation Act of 1973, as amended,

20  the Department of Education is designated the official state

21  agency.

22         Section 8.  Section 413.202, Florida Statutes, is

23  created to read:

24         413.202  Designated administrative unit.--In order to

25  comply with the Vocational Rehabilitation Act of 1973, as

26  amended, the Division of Vocational Rehabilitation is

27  designated as the administrative unit.

28         Section 9.  Section 413.203, Florida Statutes, is

29  created to read:

30         413.203  Conflict of laws.--It is the intent of the

31  Legislature that the provisions of this part not conflict with

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  1  any federal statute or implementing regulation governing

  2  federal grant-in-aid programs administered by the Division of

  3  Vocational Rehabilitation. Wherever such a conflict is

  4  asserted by the applicable agency of the Federal Government,

  5  the Department of Education shall submit to the United States

  6  Department of Education, or other applicable federal agency, a

  7  request for a favorable policy interpretation of the

  8  conflicting portions.

  9         Section 10.  Section 413.206, Florida Statutes, is

10  created to read:

11         413.206  Five-year plan.--The division shall, by

12  October 1, 2002, after identifying specific weaknesses in

13  service capacity and program performance and after consulting

14  with stakeholders, develop a 5-year plan that prioritizes any

15  additional initiatives for the provision of vocational

16  rehabilitation services, including privatization, according to

17  identified needs, and details the steps needed to effectively

18  implement those initiatives, consistent with federal

19  requirements. The plan shall provide that the division, to the

20  extent that it is cost-efficient and cost-effective and

21  increases employment outcomes for persons who have

22  disabilities, enter into local agreements or contracts with

23  community-based rehabilitation providers to be the service

24  providers for the vocational rehabilitation program, except

25  for those services and activities that are federally required.

26  The plan must ensure the full involvement of persons who have

27  disabilities in the comprehensive workforce development

28  system. The plan shall be submitted to the Governor, the

29  President of the Senate, and the Speaker of the House of

30  Representatives.

31         (1)  The plan shall:

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  1         (a)  Promote innovative contracts that upgrade or

  2  enhance direct services to persons who have a disability.

  3  Contracts shall be evaluated with respect to need and cost and

  4  shall be performance-based.

  5         (b)  Include recommendations regarding specific

  6  performance standards and measurable outcomes and shall

  7  outline procedures for monitoring the implementation of the

  8  plan. The division shall annually report to the Governor, the

  9  President of the Senate, and the Speaker of the House of

10  Representatives the progress that has been made toward

11  achieving the objectives set forth in the plan.

12         (2)  The division shall work with the employer

13  community to assist that community to better define, address,

14  and meet its business needs by employing qualified persons who

15  have a disability.

16         Section 11.  Section 413.207, Florida Statutes, is

17  created to read:

18         413.207  Division of Vocational Rehabilitation; quality

19  assurance.--The Division of Vocational Rehabilitation shall

20  maintain an internal system of quality assurance, have proven

21  functional systems, perform due diligence, review provider

22  systems of quality assurance, and be subject to monitoring for

23  compliance with state and federal laws, rules, and

24  regulations.

25         Section 12.  Section 413.208, Florida Statutes, is

26  created to read:

27         413.208  Service providers; quality assurance and

28  fitness for responsibilities.--The Division of Vocational

29  Rehabilitation shall certify providers of direct service and

30  ensure that they maintain an internal system of quality

31  assurance, have proven functional systems, and are subject to

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  1  a due-diligence inquiry as to their fitness to undertake

  2  service responsibilities, regardless of whether a contract for

  3  services is procured competitively or noncompetitively.

  4         Section 13.  Subsection (4) of section 413.23, Florida

  5  Statutes, is amended to read:

  6         413.23  Administration.--The division shall provide

  7  vocational rehabilitation services to persons who have

  8  disabilities determined to be eligible therefor and, in

  9  carrying out the purposes of this part, is authorized, among

10  other things:

11         (4)  To prepare a federally required state plan for

12  vocational rehabilitation, as required by the act. The state

13  plan must contain all of the elements required by s. 101 of

14  the act, including an assessment of the needs of persons who

15  have disabilities and how those needs may be most effectively

16  met. The division is authorized to make amendments to the

17  state plan considered necessary to maintain compliance with

18  the act and to implement such changes in order to qualify for

19  and maintain federal funding. After completion of the state

20  plan or making amendments to the state plan, the division must

21  distribute copies of the state plan to the Governor, the

22  President of the Senate, and the Speaker of the House of

23  Representatives, and the United States Secretary of Education.

24         Section 14.  Subsections (1) and (9) and paragraphs (c)

25  and (e) of subsection (11) of section 413.395, Florida

26  Statutes, are amended to read:

27         413.395  Florida Independent Living Council.--

28         (1)  There is created the Florida Independent Living

29  Council to assist the division and the Division of Blind

30  Services of the Department of Education Labor and Employment

31  Security, as well as other state agencies and local planning

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  1  and administrative entities assisted under Title VII of the

  2  act, in the expansion and development of statewide independent

  3  living policies, programs, and concepts and to recommend

  4  improvements for such programs and services. The council shall

  5  function independently of the division and, unless the council

  6  elects to incorporate as a not-for-profit corporation, is

  7  assigned to the division for administrative purposes only. The

  8  council may elect to be incorporated as a Florida corporation

  9  not for profit and, upon such election, shall be assisted in

10  the incorporation by the division for the purposes stated in

11  this section. The appointed members of the council may

12  constitute the board of directors for the corporation.

13         (9)  The chairperson of the council shall also serve as

14  a member of the Florida Rehabilitation Advisory Council.

15         (11)  The council shall:

16         (c)  Coordinate activities with the Florida

17  Rehabilitation Advisory Council and other councils that

18  address the needs of specific disability populations and

19  issues under other federal law.

20         (e)  Submit to the Commissioner of the Federal

21  Rehabilitation Administration Services such periodic reports

22  as the commissioner may reasonably request and keep such

23  records, and afford access to such records, as the

24  commissioner finds necessary to verify such reports.

25         Section 15.  Section 413.401, Florida Statutes, is

26  amended to read:

27         413.401  Eligibility for independent living

28  services.--Independent living services may be provided to any

29  person who has a significant severe disability and for whom a

30  reasonable expectation exists that independent living services

31  will significantly assist the individual to improve her or his

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  1  ability to function independently within the family or

  2  community, or to engage in or continue in employment, and to

  3  be able to function independently.

  4         Section 16.  Section 413.405, Florida Statutes, is

  5  amended to read:

  6         413.405  Florida Rehabilitation Advisory

  7  Council.--There is created the Florida Rehabilitation Advisory

  8  Council to assist the division in the planning and development

  9  of statewide rehabilitation programs and services, to

10  recommend improvements to such programs and services, and to

11  perform the functions listed in this section.

12         (1)  The council shall be composed of:

13         (a)  At least one representative of the Independent

14  Living Council, which representative may be the chairperson or

15  other designee of the council.

16         (b)  At least one representative of a parent training

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

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

19  1431(c)(9).

20         (c)  At least one representative of the client

21  assistance program established under s. 112 of the act.

22         (d)  At least one vocational rehabilitation counselor

23  who has knowledge of and experience in vocational

24  rehabilitation services, who shall serve as an ex officio,

25  nonvoting member of the council if the counselor is an

26  employee of the department.

27         (e)  At least one representative of community

28  rehabilitation program service providers.

29         (f)  At least four representatives of business,

30  industry, and labor.

31

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  1         (g)  Representatives of disability advocacy groups

  2  representing a cross-section of:

  3         1.  Persons who have physical, cognitive, sensory, or

  4  mental disabilities.

  5         2.  Parents, family members, guardians, advocates, or

  6  authorized representatives of persons who have disabilities

  7  and who find it difficult to or are unable due to their

  8  disabilities to represent themselves.

  9         (h)  Current or former applicants for, or recipients

10  of, vocational rehabilitation services.

11         (i)  The director of the division, who shall be an ex

12  officio member of the council.

13         (j)  At least one representative of the state

14  educational agency responsible for the public education of

15  students who have a disability and who are eligible to receive

16  vocational rehabilitation services and services under the

17  Individuals with Disabilities Education Act.

18         (k)  At least one representative of the board of

19  directors of Workforce Florida, Inc.

20         (2)  Other persons who have a disability,

21  representatives of state and local government, employers,

22  community organizations, and members of the former

23  Occupational Access and Opportunity Commission may be

24  considered for council membership.

25         (3)(2)  Total membership on the council, excluding

26  including ex officio members, shall be no fewer than 15 and no

27  more than 25 not exceed 19 at any one time.

28         (4)(3)  Members of the council shall be appointed by

29  the Governor, who shall select members after soliciting

30  recommendations from representatives of organizations

31  representing a broad range of individuals who have

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  1  disabilities and organizations interested in those

  2  individuals. In selecting members, the extent to which

  3  minority populations are represented must be considered to the

  4  greatest extent practicable.

  5         (5)(4)  A majority of council members shall be persons

  6  who are:

  7         (a)  Individuals who have a physical or mental

  8  impairment that substantially limits one or more of the

  9  person's major life activities; have a record of such an

10  impairment; or are regarded as having such an impairment

11  disabilities described in s. 7(8)(B) of the act.

12         (b)  Not employed by the division.

13         (6)(5)  The council shall select a chairperson from

14  among the membership of the council.

15         (7)(6)  Each member of the council shall serve for a

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

17         (a)  A member appointed to fill a vacancy occurring

18  prior to the expiration of the term for which a predecessor

19  was appointed shall be appointed for the remainder of such

20  term.

21         (b)  The terms of service of the members initially

22  appointed shall be, as specified by the Governor, for such

23  fewer number of years as will provide for the expiration of

24  terms on a staggered basis.

25

26  No member of the council may serve more than two consecutive

27  full terms.

28         (8)(7)  Any vacancy occurring in the membership of the

29  council shall be filled in the same manner as the original

30  appointment. A vacancy does not affect the power of the

31  remaining members to execute the duties of the council.

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  1         (9)(8)  In addition to the other functions specified in

  2  this section, the council shall, after consulting with the

  3  board of directors of Workforce Florida, Inc.:

  4         (a)  Review, analyze, and advise the division regarding

  5  the performance of the responsibilities of the division under

  6  Title I of the act, particularly responsibilities relating to:

  7         1.  Eligibility, including order of selection.

  8         2.  The extent, scope, and effectiveness of services

  9  provided.

10         3.  Functions performed by state agencies that affect

11  or potentially affect the ability of individuals who have

12  disabilities to achieve rehabilitation goals and objectives

13  under Title I.

14         (b)  In partnership with the division:

15         1.  Develop, agree to, and review state goals and

16  priorities in accordance with 34 C.F.R. 361.29(c); and

17         2.  Evaluate the effectiveness of the vocational

18  rehabilitation program and submit reports of progress to the

19  Governor, the President of the Senate, the Speaker of the

20  House of Representatives, and the United States Secretary of

21  Education in accordance with 34 C.F.R. 361.29(e).

22         (c)(b)  Advise the department and the division and, at

23  the discretion of the department or division, assist in the

24  preparation of applications, the state plan the strategic

25  plan, and amendments to the plan plans, applications, reports,

26  needs assessments, and evaluations required by Title I.

27         (d)(c)  To the extent feasible, conduct a review and

28  analysis of the effectiveness of, and consumer satisfaction

29  with:

30

31

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  1         1.  The functions performed by state agencies and other

  2  public and private entities responsible for performing

  3  functions for individuals who have disabilities.

  4         2.  Vocational rehabilitation services:

  5         a.  Provided or paid for from funds made available

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

  7         b.  Provided by state agencies and other public and

  8  private entities responsible for providing vocational

  9  rehabilitation services to individuals who have disabilities.

10         (e)(d)  Prepare and submit an annual report on the

11  status of vocational rehabilitation services in the state to

12  the Governor, the President of the Senate, the Speaker of the

13  House of Representatives, and the United States Secretary of

14  Education and the Commissioner of the Rehabilitative Services

15  Administration, established under s. 702 of the act, and make

16  the report available to the public.

17         (f)(e)  Coordinate with other councils within Florida,

18  including the Independent Living Council, the advisory panel

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

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

21  State Planning Council described in s. 124 of the

22  Developmental Disabilities Assistance and Bill of Rights Act,

23  42 U.S.C. s. 6024, and the state mental health planning

24  council established under s. 1916(e) of the Public Health

25  Service Act, 42 U.S.C. s. 300x-4(e), and the board of

26  directors of Workforce Florida, Inc.

27         (g)(f)  Advise the department and division and provide

28  for coordination and the establishment of working

29  relationships among the department, the division, the

30  Independent Living Council, and centers for independent living

31  in the state.

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  1         (h)(g)  Perform such other functions as the council

  2  determines to be appropriate that are comparable to functions

  3  performed by the council.

  4         (10)(9)(a)  The council shall prepare, in conjunction

  5  with the division, a plan for the provision of such resources,

  6  including at least four staff persons, as may be necessary to

  7  carry out the functions of the council. The resource plan

  8  shall, to the maximum extent possible, rely on the use of

  9  resources in existence during the period of implementation of

10  the plan.

11         (b)  If there is a disagreement between the council and

12  the division in regard to the resources necessary to carry out

13  the functions of the council as set forth in this section, the

14  disagreement shall be resolved by the Governor.

15         (c)  The council shall, consistent with law, supervise

16  and evaluate such staff and other personnel as may be

17  necessary to carry out its functions.

18         (d)  While assisting the council in carrying out its

19  duties, staff and other personnel shall not be assigned duties

20  by the division or any other state agency or office that would

21  create a conflict of interest.

22         (11)(10)  The council shall convene at least four

23  meetings each year. These meetings shall occur in such places

24  as the council deems necessary to conduct council business.

25  The council may conduct such forums or hearings as the council

26  considers appropriate. The meetings, hearings, and forums

27  shall be publicly announced. The meetings shall be open and

28  accessible to the public unless there is a valid reason for an

29  executive session. The council shall make a report of each

30  meeting which shall include a record of its discussions and

31

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  1  recommendations, all of which reports shall be made available

  2  to the public.

  3         (12)(11)  The council shall reimburse members of the

  4  council for reasonable and necessary expenses of attending

  5  council meetings and performing council duties, including

  6  child care and personal assistance services, as provided in

  7  and subject to the requirements of s. 112.061. The council may

  8  pay reasonable compensation to a member of the council if such

  9  member is not employed or must forfeit wages from other

10  employment for each day the member is engaged in performing

11  the duties of the council.

12         Section 17.  Paragraph (a) of subsection (3) of section

13  11.45, Florida Statutes, is amended to read:

14         11.45  Definitions; duties; authorities; reports;

15  rules.--

16         (3)  AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.--

17         (a)  The Auditor General may, pursuant to his or her

18  own authority, or at the direction of the Legislative Auditing

19  Committee, conduct audits or other engagements as determined

20  appropriate by the Auditor General of:

21         1.  The accounts and records of any governmental entity

22  created or established by law.

23         2.  The information technology programs, activities,

24  functions, or systems of any governmental entity created or

25  established by law.

26         3.  The accounts and records of any charter school

27  created or established by law.

28         4.  The accounts and records of any direct-support

29  organization or citizen support organization created or

30  established by law. The Auditor General is authorized to

31  require and receive any records from the direct-support

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  1  organization or citizen support organization, or from its

  2  independent auditor.

  3         5.  The public records associated with any

  4  appropriation made by the General Appropriations Act to a

  5  nongovernmental agency, corporation, or person. All records of

  6  a nongovernmental agency, corporation, or person with respect

  7  to the receipt and expenditure of such an appropriation shall

  8  be public records and shall be treated in the same manner as

  9  other public records are under general law.

10         6.  State financial assistance provided to any nonstate

11  entity.

12         7.  The Tobacco Settlement Financing Corporation

13  created pursuant to s. 215.56005.

14         8.  The Florida On-Line High School created pursuant to

15  s. 228.082.

16         9.  Any purchases of federal surplus lands for use as

17  sites for correctional facilities as described in s. 253.037.

18         10.  Enterprise Florida, Inc., including any of its

19  boards, advisory committees, or similar groups created by

20  Enterprise Florida, Inc., and programs.  The audit report may

21  not reveal the identity of any person who has anonymously made

22  a donation to Enterprise Florida, Inc., pursuant to this

23  subparagraph. The identity of a donor or prospective donor to

24  Enterprise Florida, Inc., who desires to remain anonymous and

25  all information identifying such donor or prospective donor

26  are confidential and exempt from the provisions of s.

27  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

28  anonymity shall be maintained in the auditor's report.

29         11.  The Florida Development Finance Corporation or the

30  capital development board or the programs or entities created

31  by the board. The audit or report may not reveal the identity

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  1  of any person who has anonymously made a donation to the board

  2  pursuant to this subparagraph. The identity of a donor or

  3  prospective donor to the board who desires to remain anonymous

  4  and all information identifying such donor or prospective

  5  donor are confidential and exempt from the provisions of s.

  6  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

  7  anonymity shall be maintained in the auditor's report.

  8         12.  The records pertaining to the use of funds from

  9  voluntary contributions on a motor vehicle registration

10  application or on a driver's license application authorized

11  pursuant to ss. 320.023 and 322.081.

12         13.  The records pertaining to the use of funds from

13  the sale of specialty license plates described in chapter 320.

14         14.  The transportation corporations under contract

15  with the Department of Transportation that are acting on

16  behalf of the state to secure and obtain rights-of-way for

17  urgently needed transportation systems and to assist in the

18  planning and design of such systems pursuant to ss.

19  339.401-339.421.

20         15.  The acquisitions and divestitures related to the

21  Florida Communities Trust Program created pursuant to chapter

22  380.

23         16.  The Florida Water Pollution Control Financing

24  Corporation created pursuant to s. 403.1837.

25         17.  The Florida Partnership for School Readiness

26  created pursuant to s. 411.01.

27         18.  The Occupational Access and Opportunity Commission

28  created pursuant to s. 413.83.

29         18.19.  The Florida Special Disability Trust Fund

30  Financing Corporation created pursuant to s. 440.49.

31

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  1         19.20.  Workforce Florida, Inc., or the programs or

  2  entities created by Workforce Florida, Inc., created pursuant

  3  to s. 445.004.

  4         20.21.  The corporation defined in s. 455.32 that is

  5  under contract with the Department of Business and

  6  Professional Regulation to provide administrative,

  7  investigative, examination, licensing, and prosecutorial

  8  support services in accordance with the provisions of s.

  9  455.32 and the practice act of the relevant profession.

10         21.22.  The Florida Engineers Management Corporation

11  created pursuant to chapter 471.

12         22.23.  The Investment Fraud Restoration Financing

13  Corporation created pursuant to chapter 517.

14         23.24.  The books and records of any permitholder that

15  conducts race meetings or jai alai exhibitions under chapter

16  550.

17         24.25.  The corporation defined in part II of chapter

18  946, known as the Prison Rehabilitative Industries and

19  Diversified Enterprises, Inc., or PRIDE Enterprises.

20         Section 18.  Subsection (5) of section 90.6063, Florida

21  Statutes, is amended to read:

22         90.6063  Interpreter services for deaf persons.--

23         (5)  The appointing authority may channel requests for

24  qualified interpreters through:

25         (a)  The Florida Registry of Interpreters for the Deaf;

26         (b)  The Division of Vocational Rehabilitation Program

27  Office of the Department of Education Labor and Employment

28  Security; or

29         (c)  Any other resource wherein the appointing

30  authority knows that qualified interpreters can be found.

31

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  1         Section 19.  Section 215.311, Florida Statutes, is

  2  amended to read:

  3         215.311  State funds; exceptions.--The provisions of s.

  4  215.31 shall not apply to funds collected by and under the

  5  direction and supervision of the Division of Blind Services of

  6  the Department of Education Labor and Employment Security as

  7  provided under ss. 413.011, 413.041, and 413.051; however,

  8  nothing in this section shall be construed to except from the

  9  provisions of s. 215.31 any appropriations made by the state

10  to the division.

11         Section 20.  Subsection (5) of section 394.75, Florida

12  Statutes, is amended to read:

13         394.75  State and district substance abuse and mental

14  health plans.--

15         (5)  The district plan shall address how substance

16  abuse and mental health services will be provided and how a

17  system of care for target populations will be provided given

18  the resources available in the service district. The plan must

19  include provisions for maximizing client access to the most

20  recently developed psychiatric medications approved by the

21  United States Food and Drug Administration, for developing

22  independent housing units through participation in the Section

23  811 program operated by the United States Department of

24  Housing and Urban Development, for developing supported

25  employment services through the Division of Vocational

26  Rehabilitation of the Department of Education Labor and

27  Employment Security, for providing treatment services to

28  persons with co-occurring mental illness and substance abuse

29  problems which are integrated across treatment systems, and

30  for providing services to adults who have a serious mental

31

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  1  illness, as defined in s. 394.67, and who reside in assisted

  2  living facilities.

  3         Section 21.  Subsection (2) of section 395.404, Florida

  4  Statutes, is amended to read:

  5         395.404  Review of trauma registry data;

  6  confidentiality and limited release.--

  7         (2)  Notwithstanding the provisions of s. 381.74, each

  8  trauma center and acute care hospital shall submit severe

  9  disability and head-injury registry data to the department as

10  provided by rule in lieu of submitting such registry

11  information to the Department of Labor and Employment

12  Security. Each trauma center and acute care hospital shall

13  continue to provide initial notification of persons who have

14  severe disabilities and head injuries to the Department of

15  Health Labor and Employment Security within timeframes

16  provided in chapter 413. Such initial notification shall be

17  made in the manner prescribed by the department of Labor and

18  Employment Security for the purpose of providing timely

19  vocational rehabilitation services to the severely disabled or

20  head-injured person.

21         Section 22.  Paragraph (a) of subsection (1) of section

22  410.0245, Florida Statutes, is amended to read:

23         410.0245  Study of service needs; report; multiyear

24  plan.--

25         (1)(a)  The Adult Services Program Office of the

26  Department of Children and Family Services shall contract for

27  a study of the service needs of the 18-to-59-year-old disabled

28  adult population served or waiting to be served by the

29  community care for disabled adults program.  The Division of

30  Vocational Rehabilitation of the Department of Education Labor

31  and Employment Security and other appropriate state agencies

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  1  shall provide information to the Department of Children and

  2  Family Services when requested for the purposes of this study.

  3         Section 23.  Subsection (2) of section 410.604, Florida

  4  Statutes, is amended to read:

  5         410.604  Community care for disabled adults program;

  6  powers and duties of the department.--

  7         (2)  Any person who meets the definition of a disabled

  8  adult pursuant to s. 410.603(2) is eligible to receive the

  9  services of the community care for disabled adults program.

10  However, the community care for disabled adults program shall

11  operate within the funds appropriated by the Legislature.

12  Priority shall be given to disabled adults who are not

13  eligible for comparable services in programs of or funded by

14  the department or the Division of Vocational Rehabilitation of

15  the Department of Education Labor and Employment Security; who

16  are determined to be at risk of institutionalization; and

17  whose income is at or below the existing institutional care

18  program eligibility standard.

19         Section 24.  Subsection (1) of section 413.034, Florida

20  Statutes, is amended to read:

21         413.034  Commission established; membership.--

22         (1)  There is created within the Department of

23  Management Services the Commission for Purchase from the Blind

24  or Other Severely Handicapped, to be composed of the secretary

25  of the Department of Management Services; the director of the

26  Division of Vocational Rehabilitation of the Department of

27  Education Labor and Employment Security, who shall be an ex

28  officio member with voting rights; the director of the

29  Division of Blind Services of the Department of Education

30  Labor and Employment Security; and four members to be

31  appointed by the Governor, which four members shall be an

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  1  executive director of a nonprofit agency for the blind, an

  2  executive director of a nonprofit agency for other severely

  3  handicapped persons, a representative of private enterprise,

  4  and a representative of other political subdivisions. All

  5  appointed members shall serve for terms of 4 years.  Appointed

  6  commission members shall serve subject to confirmation by the

  7  Senate.

  8         Section 25.  Paragraph (a) of subsection (2) and

  9  subsection (3) of section 413.051, Florida Statutes, are

10  amended to read:

11         413.051  Eligible blind persons; operation of vending

12  stands.--

13         (2)  As used in this section:

14         (a)  "Blind licensee" means any blind person trained

15  and licensed by the Division of Blind Services of the

16  Department of Education Labor and Employment Security to

17  operate a vending stand.

18         (3)  Blind licensees shall be given the first

19  opportunity to participate in the operation of vending stands

20  on all state properties acquired after July 1, 1979, when such

21  facilities are operated under the supervision of the Division

22  of Blind Services of the Department of Education Labor and

23  Employment Security.

24         Section 26.  Section 413.064, Florida Statutes, is

25  amended to read:

26         413.064  Rules.--The Department of Education Labor and

27  Employment Security shall adopt all necessary rules pertaining

28  to the conduct of a solicitation for the benefit of blind

29  persons, including criteria for approval of an application for

30  a permit for such solicitation.

31

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  1         Section 27.  Section 413.066, Florida Statutes, is

  2  amended to read:

  3         413.066  Revocation of permit.--Any failure on the part

  4  of a person or organization holding a permit under the

  5  provisions of ss. 413.061-413.068 to comply with the law or

  6  with all rules promulgated by the Department of Education

  7  Labor and Employment Security as authorized by s. 413.064

  8  constitutes a ground for revocation of the permit by the

  9  Division of Blind Services.

10         Section 28.  Section 413.067, Florida Statutes, is

11  amended to read:

12         413.067  Penalty.--Any person who violates the

13  provisions of ss. 413.061-413.068 or any rule promulgated by

14  the Department of Education Labor and Employment Security

15  pursuant thereto commits a misdemeanor of the second degree,

16  punishable as provided in s. 775.082 or s. 775.083.

17         Section 29.  Subsection (1) of section 413.091, Florida

18  Statutes, is amended to read:

19         413.091  Identification cards.--

20         (1)  The Division of Blind Services of the Department

21  of Education Labor and Employment Security is hereby empowered

22  to issue identification cards to persons known to be blind or

23  partially sighted, upon the written request of such

24  individual.

25         Section 30.  Subsection (1) of section 413.092, Florida

26  Statutes, is amended to read:

27         413.092  Blind Babies Program.--

28         (1)  The Blind Babies Program is created within the

29  Division of Blind Services of the Department of Education

30  Labor and Employment Security to provide community-based

31  early-intervention education to children from birth through 5

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  1  years of age who are blind or visually impaired, and to their

  2  parents, families, and caregivers, through community-based

  3  provider organizations. The division shall enlist parents,

  4  ophthalmologists, pediatricians, schools, Infant and Toddlers

  5  Early Intervention Programs, and therapists to help identify

  6  and enroll blind and visually impaired children, as well as

  7  their parents, families, and caregivers, in these educational

  8  programs.

  9         Section 31.  Subsection (1) of section 413.445, Florida

10  Statutes, is amended to read:

11         413.445  Recovery of third-party payments for

12  vocational rehabilitation and related services.--

13         (1)  As used in this section, "vocational

14  rehabilitation and related services" means any services that

15  which are provided or paid for by the Division of Vocational

16  Rehabilitation of the Department of Education Labor and

17  Employment Security.

18         Section 32.  Subsection (12) of section 413.615,

19  Florida Statutes, is amended to read:

20         413.615  Florida Endowment for Vocational

21  Rehabilitation.--

22         (12)  ANNUAL REPORT.--The board shall issue a report to

23  the Governor, the President of the Senate, the Speaker of the

24  House of Representatives, and the Commissioner of Education

25  Secretary of Labor and Employment Security by February 1 each

26  year, summarizing the performance of the endowment fund for

27  the previous fiscal year, summarizing the foundation's

28  fundraising activities and performance, and detailing those

29  activities and programs supported by the endowment principal

30  or earnings on the endowment principal or by bequests, gifts,

31

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  1  grants, donations, and other valued goods and services

  2  received.

  3         Section 33.  Subsection (5) of section 944.012, Florida

  4  Statutes, is amended to read:

  5         944.012  Legislative intent.--The Legislature hereby

  6  finds and declares that:

  7         (5)  In order to make the correctional system an

  8  efficient and effective mechanism, the various agencies

  9  involved in the correctional process must coordinate their

10  efforts.  Where possible, interagency offices should be

11  physically located within major institutions and should

12  include representatives of the Florida State Employment

13  Service, the vocational rehabilitation programs of the

14  Department of Education Labor and Employment Security, and the

15  Parole Commission. Duplicative and unnecessary methods of

16  evaluating offenders must be eliminated and areas of

17  responsibility consolidated in order to more economically

18  utilize present scarce resources.

19         Section 34.  Before the 2005 Regular Session of the

20  Legislature, the Office of Program Policy Analysis and

21  Government Accountability shall conduct a review of and

22  prepare a report on the progress of the Division of Vocational

23  Rehabilitation of the Department of Education.

24         Section 35.  (1)  Part III of chapter 413, Florida

25  Statutes, consisting of sections 413.81, 413.82, 413.83,

26  413.84, 413.85, 413.86, 413.87, 413.88, 413.89, 413.90,

27  413.91, 413.92, and 413.93, Florida Statutes, is repealed.

28         (2)  Subsection (8) of section 445.024, Florida

29  Statutes, is repealed.

30         Section 36.  This act shall take effect upon becoming a

31  law.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2206

  3

  4  The committee substitute corrects additional cross references,
    limits total membership on the Florida Rehabilitation Council
  5  to 25, and  amends statutes to conform with the transfer to
    the Department of Health of the programs related to brain and
  6  spinal cord injuries and other trauma.

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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