Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. SB 2156
                                Barcode 717748                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 5/F/2R          .                                
             04/06/2011 03:55 PM       .                                

       Senators Joyner and Wise moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 20824 and 20825
    4  insert:
    5         Section 377. Subsection (5) of section 90.6063, Florida
    6  Statutes, is amended to read:
    7         90.6063 Interpreter services for deaf persons.—
    8         (5) The appointing authority may channel requests for
    9  qualified interpreters through:
   10         (a) The Florida Registry of Interpreters for the Deaf;
   11         (b) The Division of Vocational Rehabilitation of Jobs
   12  Florida the Department of Education; or
   13         (c) Any other resource wherein the appointing authority
   14  knows that qualified interpreters can be found.
   15         Section 378. Paragraph (b) of subsection (6) of section
   16  121.051, Florida Statutes, is amended to read:
   17         121.051 Participation in the system.—
   19  OPERATORS.—
   20         (b)1. All blind or partially sighted persons employed or
   21  licensed by the Division of Blind Services as vending facility
   22  operators on or after December 1, 1970, and prior to July 1,
   23  1996, are hereby declared to be state employees within the
   24  meaning of this chapter, and all vending facility operators
   25  licensed and employed during that period shall be compulsory
   26  members of the Florida Retirement System in compliance with this
   27  chapter for as long as the member is a vending facility
   28  operator, except as provided in subparagraph 3.
   29         2. Blindness shall not be deemed a retirement disability
   30  within the provisions of this chapter for such members as are
   31  contemplated by this paragraph.
   32         3. Any vending facility operator as described in
   33  subparagraph 1. may elect, on or before July 31, 1996, to
   34  withdraw from the Florida Retirement System as provided in s.
   35  413.051(10) s. 413.051(11). The election to withdraw shall take
   36  effect as of July 1, 1996, and the decision to withdraw is
   37  irrevocable. A vending facility operator who withdraws from the
   38  Florida Retirement System as provided in this subparagraph shall
   39  retain all creditable service earned in the Florida Retirement
   40  System through the month that retirement contributions ceased to
   41  be reported, and no creditable service shall be earned as a
   42  vending facility operator after such month. However, any such
   43  person may participate in the Florida Retirement System in the
   44  future if employed by a participating employer in a covered
   45  position.
   46         4. All blind or partially sighted persons employed or
   47  licensed by the Division of Blind Services as vending facility
   48  operators on or after July 1, 1996, shall be independent
   49  contractors within the meaning of this chapter and shall not be
   50  eligible for membership in the Florida Retirement System.
   51         Section 379. Section 215.311, Florida Statutes, is amended
   52  to read:
   53         215.311 State funds; exceptions.—The provisions of s.
   54  215.31 do shall not apply to funds collected by and under the
   55  direction and supervision of the Division of Blind Services of
   56  Jobs Florida the Department of Education as provided under ss.
   57  413.011, 413.041, and 413.051; however, nothing in this section
   58  shall be construed to except from the provisions of s. 215.31
   59  any appropriations made by the state to the division.
   60         Section 380. Subsection (5) of section 394.75, Florida
   61  Statutes, is amended to read:
   62         394.75 State and district substance abuse and mental health
   63  plans.—
   64         (5) The district plan shall address how substance abuse and
   65  mental health services will be provided and how a system of care
   66  for target populations will be provided given the resources
   67  available in the service district. The plan must include
   68  provisions for maximizing client access to the most recently
   69  developed psychiatric medications approved by the United States
   70  Food and Drug Administration, for developing independent housing
   71  units through participation in the Section 811 program operated
   72  by the United States Department of Housing and Urban
   73  Development, for developing supported employment services
   74  through the Division of Vocational Rehabilitation of Jobs
   75  Florida the Department of Education, for providing treatment
   76  services to persons with co-occurring mental illness and
   77  substance abuse problems which are integrated across treatment
   78  systems, and for providing services to adults who have a serious
   79  mental illness, as defined in s. 394.67, and who reside in
   80  assisted living facilities.
   81         Section 381. Subsection (2) of section 410.604, Florida
   82  Statutes, is amended to read:
   83         410.604 Community care for disabled adults program; powers
   84  and duties of the department.—
   85         (2) Any person who meets the definition of a disabled adult
   86  pursuant to s. 410.603(2) is eligible to receive the services of
   87  the community care for disabled adults program. However, the
   88  community care for disabled adults program shall operate within
   89  the funds appropriated by the Legislature. Priority shall be
   90  given to disabled adults who are not eligible for comparable
   91  services in programs of or funded by the department or the
   92  Division of Vocational Rehabilitation of Jobs Florida the
   93  Department of Education; who are determined to be at risk of
   94  institutionalization; and whose income is at or below the
   95  existing institutional care program eligibility standard.
   96         Section 382. Paragraph (c) of subsection (4) and subsection
   97  (8) of section 413.011, Florida Statutes, are amended to read:
   98         413.011 Division of Blind Services, legislative policy,
   99  intent; internal organizational structure and powers;
  100  Rehabilitation Council for the Blind.—
  101         (4) DEFINITIONS.—As used in this section, the term:
  102         (c) “Department” means the Department of Education.
  103         (8) REHABILITATION COUNCIL FOR THE BLIND.—There is created
  104  in Jobs Florida the department the Rehabilitation Council for
  105  the Blind, which is an advisory council as defined in s. 20.03,
  106  to assist the division in the planning and development of
  107  statewide vocational rehabilitation programs and services
  108  pursuant to the Rehabilitation Act of 1973, as amended, to
  109  recommend improvements to such programs and services, and to
  110  perform the functions provided in this section.
  111         (a) The advisory council shall be composed of:
  112         1. At least one representative of the Independent Living
  113  Council, which representative may be the chair or other designee
  114  of the council;
  115         2. At least one representative of a parent training and
  116  information center established pursuant to s. 631(c)(9) of the
  117  Individuals with Disabilities Act, 20 U.S.C. s. 1431(c)(9);
  118         3. At least one representative of the client assistance
  119  program established under the act;
  120         4. At least one vocational rehabilitation counselor who has
  121  knowledge of and experience in vocational rehabilitation
  122  services for the blind, who shall serve as an ex officio
  123  nonvoting member of the council if the counselor is an employee
  124  of Jobs Florida the department;
  125         5. At least one representative of community rehabilitation
  126  program service providers;
  127         6. Four representatives of business, industry, and labor;
  128         7. At least one representative of a disability advocacy
  129  group representing individuals who are blind;
  130         8. At least one parent, family member, guardian, advocate,
  131  or authorized representative of an individual who is blind, has
  132  multiple disabilities, and either has difficulties representing
  133  himself or herself or is unable, due to disabilities, to
  134  represent himself or herself;
  135         9. Current or former applicants for, or recipients of,
  136  vocational rehabilitation services; and
  137         10. The director of the division, who shall be an ex
  138  officio member of the council.
  139         (b) Members of the council shall be appointed by the
  140  Governor, who shall select members after soliciting
  141  recommendations from representatives of organizations
  142  representing a broad range of individuals who have disabilities,
  143  and organizations interested in those individuals.
  144         (c) A majority of council members shall be persons who are:
  145         1. Blind; and
  146         2. Not employed by the division.
  147         (d) The council shall select a chair from among its
  148  membership.
  149         (e) Each member of the council shall serve for a term of
  150  not more than 3 years, except that:
  151         1. A member appointed to fill a vacancy occurring prior to
  152  the expiration of the term for which a predecessor was appointed
  153  shall be appointed for the remainder of such term; and
  154         2. The terms of service of the members initially appointed
  155  shall be, as specified by the Governor, for such fewer number of
  156  years as will provide for the expiration of terms on a staggered
  157  basis.
  158         (f) A member of the council may not serve more than two
  159  consecutive full terms.
  160         (g) Any vacancy occurring in the membership of the council
  161  shall be filled in the same manner as the original appointment.
  162  A vacancy does not affect the power of the remaining members to
  163  execute the duties of the council.
  164         (h) In addition to the other functions specified in this
  165  section, the council shall:
  166         1. Review, analyze, and advise the division regarding the
  167  performance of the responsibilities of the division under Title
  168  I of the act, particularly responsibilities relating to:
  169         a. Eligibility, including order of selection;
  170         b. The extent, scope, and effectiveness of services
  171  provided; and
  172         c. Functions performed by state agencies that affect or
  173  potentially affect the ability of individuals who are blind to
  174  achieve rehabilitation goals and objectives under Title I.
  175         2. Advise Jobs Florida the department and the division,
  176  and, at the discretion of Jobs Florida the department or
  177  division, assist in the preparation of applications, the state
  178  plan, the strategic plan, and amendments to the plans, reports,
  179  needs assessments, and evaluations required by Title I.
  180         3. To the extent feasible, conduct a review and analysis of
  181  the effectiveness of, and consumer satisfaction with:
  182         a. The functions performed by state agencies and other
  183  public and private entities responsible for performing functions
  184  for individuals who are blind.
  185         b. Vocational rehabilitation services:
  186         (I) Provided or paid for from funds made available under
  187  the act or through other public or private sources.
  188         (II) Provided by state agencies and other public and
  189  private entities responsible for providing vocational
  190  rehabilitation services to individuals who are blind.
  191         4. Prepare and submit an annual report on the status of
  192  vocational rehabilitation services for the blind in the state to
  193  the Governor and the Commissioner of the Rehabilitative Services
  194  Administration, established under s. 702 of the act, and make
  195  the report available to the public.
  196         5. Coordinate with other councils within the state,
  197  including the Independent Living Council, the advisory panel
  198  established under s. 613(a)(12) of the Individuals with
  199  Disabilities Education Act, 20 U.S.C. 1413(a)(12), the State
  200  Planning Council described in s. 124 of the Developmental
  201  Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s.
  202  6024, and the state mental health planning council established
  203  under s. 1916(e) of the Public Health Service Act, 42 U.S.C.
  204  300X-4(e).
  205         6. Advise Jobs Florida the department and division and
  206  provide for coordination and the establishment of working
  207  relationships among Jobs Florida the department, the division,
  208  the Independent Living Council, and centers for independent
  209  living in the state.
  210         7. Perform such other functions consistent with the
  211  purposes of the act as the council determines to be appropriate
  212  that are comparable to functions performed by the council.
  213         (i)1. The council shall prepare, in conjunction with the
  214  division, a plan for the provision of such resources, including
  215  such staff and other personnel, as may be necessary to carry out
  216  the functions of the council. The resource plan shall, to the
  217  maximum extent possible, rely on the use of resources in
  218  existence during the period of implementation of the plan.
  219         2. If there is a disagreement between the council and the
  220  division in regard to the resources necessary to carry out the
  221  functions of the council as set forth in this section, the
  222  disagreement shall be resolved by the Governor.
  223         3. The council shall, consistent with law, supervise and
  224  evaluate such staff and other personnel as may be necessary to
  225  carry out its functions.
  226         4. While assisting the council in carrying out its duties,
  227  staff and other personnel shall not be assigned duties by the
  228  division or any other state agency or office that would create a
  229  conflict of interest.
  230         (j) A council member may not cast a vote on any matter that
  231  would provide direct financial benefit to the member or
  232  otherwise give the appearance of a conflict of interest under
  233  state law.
  234         (k) The council shall convene at least four meetings each
  235  year. These meetings shall occur in such places as the council
  236  deems necessary to conduct council business. The council may
  237  conduct such forums or hearings as the council considers
  238  appropriate. The meetings, hearings, and forums shall be
  239  publicly announced. The meetings shall be open and accessible to
  240  the public. The council shall make a report of each meeting
  241  which shall include a record of its discussions and
  242  recommendations, all of which reports shall be made available to
  243  the public.
  244         Section 383. Subsection (3) of section 413.0111, Florida
  245  Statutes, is amended to read:
  246         413.0111 Blind services direct-support organization.—
  247         (3) The purposes and objectives of the direct-support
  248  organization must be consistent with the priority issues and
  249  objectives of Jobs Florida the Department of Education and must
  250  be in the best interests of the state, though the Division of
  251  Blind Services may permit, without charge, the appropriate use
  252  of property and facilities of the state by the direct-support
  253  organization subject to this section. Such use must be directly
  254  in keeping with the approved purposes of the direct-support
  255  organization.
  256         Section 384. Paragraph (a) of subsection (2) and subsection
  257  (3) of section 413.051, Florida Statutes, are amended to read:
  258         413.051 Eligible blind persons; operation of vending
  259  stands.—
  260         (2) As used in this section, the term:
  261         (a) “Blind licensee” means any blind person trained and
  262  licensed by the Division of Blind Services of Jobs Florida the
  263  Department of Education to operate a vending stand.
  264         (3) Blind licensees shall be given the first opportunity to
  265  participate in the operation of vending stands on all state
  266  properties acquired after July 1, 1979, when such facilities are
  267  operated under the supervision of the Division of Blind Services
  268  of Jobs Florida the Department of Education.
  269         Section 385. Subsection (1) of section 413.091, Florida
  270  Statutes, is amended to read:
  271         413.091 Identification cards.—
  272         (1) The Division of Blind Services of Jobs Florida the
  273  Department of Education shall issue identification cards to
  274  persons known to be blind or partially sighted, upon the written
  275  request of such individual.
  276         Section 386. Subsection (1) of section 413.092, Florida
  277  Statutes, is amended to read:
  278         413.092 Blind Babies Program.—
  279         (1) The Blind Babies Program is created within the Division
  280  of Blind Services of Jobs Florida the Department of Education to
  281  provide community-based early-intervention education to children
  282  from birth through 5 years of age who are blind or visually
  283  impaired, and to their parents, families, and caregivers,
  284  through community-based provider organizations. The division
  285  shall enlist parents, ophthalmologists, pediatricians, schools,
  286  Infant and Toddlers Early Intervention Programs, and therapists
  287  to help identify and enroll blind and visually impaired
  288  children, as well as their parents, families, and caregivers, in
  289  these educational programs.
  290         Section 387. Subsections (6), (8), and (10) of section
  291  413.20, Florida Statutes, are amended, and present subsections
  292  (7) through (26) are renumbered as subsections (6) through (25),
  293  respectively, to read:
  294         413.20 Definitions.—As used in this part, the term:
  295         (6) “Department” means the Department of Education.
  296         (7)(8) “Division” means the Division of Vocational
  297  Rehabilitation of Jobs Florida the Department of Education.
  298         (9)(10) “Extended services” means one or more ongoing
  299  support services and other appropriate services needed to
  300  support and maintain a person who has a most significant
  301  disability in supported employment and to assist an eligible
  302  person in maintaining integrated and competitive employment.
  303  Extended services are based upon a determination of the needs of
  304  the eligible person as specified in the person’s individualized
  305  plan for employment and are provided by a state agency, a
  306  nonprofit private organization, an employer, or any other
  307  appropriate resource after the person has made the transition
  308  from support provided by Jobs Florida the department.
  309         Section 388. Section 413.203, Florida Statutes, is amended
  310  to read:
  311         413.203 Conflict of laws.—It is the intent of the
  312  Legislature that the provisions of this part not conflict with
  313  any federal statute or implementing regulation governing federal
  314  grant-in-aid programs administered by the Division of Vocational
  315  Rehabilitation of Jobs Florida. Wherever such a conflict is
  316  asserted by the applicable agency of the Federal Government,
  317  Jobs Florida the Department of Education shall submit to the
  318  United States Department of Education, or other applicable
  319  federal agency, a request for a favorable policy interpretation
  320  of the conflicting portions.
  321         Section 389. Subsection (1) of section 413.395, Florida
  322  Statutes, is amended to read:
  323         413.395 Florida Independent Living Council.—
  324         (1) There is created the Florida Independent Living Council
  325  to assist the division and the Division of Blind Services of
  326  Jobs Florida the Department of Education, as well as other state
  327  agencies and local planning and administrative entities assisted
  328  under Title VII of the act, in the expansion and development of
  329  statewide independent living policies, programs, and concepts
  330  and to recommend improvements for such programs and services.
  331  The council shall function independently of the division and,
  332  unless the council elects to incorporate as a not-for-profit
  333  corporation, is assigned to the division for administrative
  334  purposes only. The council may elect to be incorporated as a
  335  Florida corporation not for profit and, upon such election,
  336  shall be assisted in the incorporation by the division for the
  337  purposes stated in this section. The appointed members of the
  338  council may constitute the board of directors for the
  339  corporation.
  340         Section 390. Section 413.402, Florida Statutes, is amended
  341  to read:
  342         413.402 Personal care attendant program.—The Florida
  343  Endowment Foundation for Vocational Rehabilitation shall enter
  344  into an agreement, no later than October 1, 2008, with the
  345  Florida Association of Centers for Independent Living to
  346  administer the James Patrick Memorial Work Incentive Personal
  347  Attendant Services Program to provide personal care attendants
  348  to persons who have severe and chronic disabilities of all kinds
  349  and who are eligible under subsection (1). Effective July 1,
  350  2008, The Florida Association of Centers for Independent Living
  351  shall receive 12 percent of the funds paid to or on behalf of
  352  participants from funds to be deposited with the Florida
  353  Endowment Foundation for Vocational Rehabilitation pursuant to
  354  ss. 320.08068(4)(d) and 413.4021(1) to administer the program.
  355  For the purpose of ensuring continuity of services, a memorandum
  356  of understanding shall be executed between the parties to cover
  357  the period between July 1, 2008, and the execution of the final
  358  agreement.
  359         (1) In order to be eligible to participate in the program,
  360  a person must:
  361         (a) Be at least 18 years of age, be a legal resident of
  362  this state, and be significantly and chronically disabled;
  363         (b) Require a personal care attendant for assistance with
  364  or support for at least two activities of daily living as
  365  defined in s. 429.02, as determined by a physician,
  366  psychologist, or psychiatrist;
  367         (c) Require a personal care attendant in order to accept a
  368  job or maintain substantial gainful employment; and
  369         (d) Be able to acquire and direct a personal care
  370  attendant.
  371         (2)(a) The Florida Association of Centers for Independent
  372  Living shall provide training to program participants on hiring
  373  and managing a personal care attendant and, in cooperation with
  374  the oversight group described in paragraph (b), adopt and revise
  375  the policies and procedures governing the personal care
  376  attendant program and the training program.
  377         (b) The oversight group shall include, but need not be
  378  limited to, a member of the Florida Association of Centers for
  379  Independent Living, a person who is participating in the
  380  program, and one representative each from the Department of
  381  Revenue, the Department of Children and Family Services, the
  382  Division of Vocational Rehabilitation in Jobs Florida the
  383  Department of Education, the Medicaid program in the Agency for
  384  Health Care Administration, the Florida Endowment Foundation for
  385  Vocational Rehabilitation, and the Brain and Spinal Cord Injury
  386  Program in the Department of Health.
  387         Section 391. Paragraph (a) of subsection (2) of section
  388  413.407, Florida Statutes, is amended to read:
  389         413.407 Assistive Technology Advisory Council.—There is
  390  created the Assistive Technology Advisory Council, responsible
  391  for ensuring consumer involvement in the creation, application,
  392  and distribution of technology-related assistance to and for
  393  persons who have disabilities. The council shall fulfill its
  394  responsibilities through statewide policy development, both
  395  state and federal legislative initiatives, advocacy at both the
  396  state and federal level, planning of statewide resource
  397  allocations, policy-level management, reviews of both consumer
  398  responsiveness and the adequacy of program service delivery, and
  399  by performing the functions listed in this section.
  400         (2) In addition to the other functions specified in this
  401  section, the council shall:
  402         (a) Act as the board of directors of a not-for-profit
  403  corporation created by the division. Through the corporation,
  404  the council shall provide direction to Florida’s Alliance for
  405  Assistive Services and Technology, a project sponsored by Jobs
  406  Florida the department for the coordination and delivery of
  407  appropriate, cost-effective, state-of-the-art assistive
  408  technology services and devices.
  409         Section 392. Subsection (1) of section 413.445, Florida
  410  Statutes, is amended to read:
  411         413.445 Recovery of third-party payments for vocational
  412  rehabilitation and related services.—
  413         (1) As used in this section, the term “vocational
  414  rehabilitation and related services” means any services that are
  415  provided or paid for by the Division of Vocational
  416  Rehabilitation of Jobs Florida the Department of Education.
  417         Section 393. Subsection (3) of section 1013.38, Florida
  418  Statutes, is amended to read:
  419         1013.38 Boards to ensure that facilities comply with
  420  building codes and life safety codes.—
  421         (3) The Department of Management Services may, upon
  422  request, provide facilities services for the Florida School for
  423  the Deaf and the Blind, the Division of Blind Services of Jobs
  424  Florida, and public broadcasting. As used in this section, the
  425  term “facilities services” means project management, code and
  426  design plan review, and code compliance inspection for projects
  427  as defined in s. 287.017(5).
  429  ================= T I T L E  A M E N D M E N T ================
  430         And the title is amended as follows:
  431         Delete line 371
  432  and insert:
  433         1011.76, 1012.2251, 20.15, 90.6063, 121.051, 215.311,
  434         394.75, 410.604, 413.011, 413.0111, 413.051, 413.091,
  435         413.092, 413.20, 413.203, 413.395, 413.402, 413.407,
  436         413.445, and 1013.38, F.S.; conforming provisions to