Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 890
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/21/2017           .                                

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