Florida Senate - 2017                              CS for SB 890
       By the Committee on Education; and Senator Bean
       581-02687-17                                           2017890c1
    1                        A bill to be entitled                      
    2         An act relating to the Florida Endowment for
    3         Vocational Rehabilitation; amending s. 413.615, F.S.;
    4         extending the date for future review and repeal of
    5         provisions governing the Florida Endowment for
    6         Vocational Rehabilitation; providing an effective
    7         date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Section 413.615, Florida Statutes, is amended to
   12  read:
   13         413.615 Florida Endowment for Vocational Rehabilitation.—
   14         (1) SHORT TITLE.—This section may be cited as the “Florida
   15  Endowment for Vocational Rehabilitation Act.”
   16         (2) DEFINITIONS.—For the purposes of this section:
   17         (a) “Board” means the board of directors of the Florida
   18  Endowment Foundation for Vocational Rehabilitation.
   19         (b) “Endowment fund” means an account established within
   20  the Florida Endowment Foundation for Vocational Rehabilitation
   21  to provide a continuing and growing source of revenue for
   22  vocational rehabilitation efforts.
   23         (c) “Foundation” means the Florida Endowment Foundation for
   24  Vocational Rehabilitation.
   25         (d) “Operating account” means an account established under
   26  paragraph (4)(d) to carry out the purposes provided in
   27  subsection (10).
   28         (3) LEGISLATIVE INTENT.—The Legislature recognizes that it
   29  is in the best interest of the citizens of this state that
   30  citizens with disabilities be afforded a fair opportunity to
   31  become self-supporting, productive members of society. However,
   32  there is a critical need for significant additional funding to
   33  achieve this goal. Accordingly, the Legislature further finds
   34  and declares that:
   35         (a) With skilled evaluation procedures and proper
   36  rehabilitative treatment, plus employment, training, and
   37  supportive services consistent with the needs of the individual,
   38  persons who are disabled can assume the activities of daily
   39  living and join their communities with dignity and independence.
   40         (b) The purpose of this section is to broaden the
   41  participation and funding potential for further significant
   42  support for the rehabilitation of Florida citizens who are
   43  disabled.
   44         (c) It is appropriate to encourage individual and corporate
   45  support and involvement, as well as state support and
   46  involvement, to promote employment opportunities for disabled
   47  citizens.
   49         (a) The endowment fund of the Florida Endowment for
   50  Vocational Rehabilitation is created as a long-term, stable, and
   51  growing source of revenue to be administered, in accordance with
   52  rules promulgated by the division, by the foundation as a
   53  direct-support organization of the division.
   54         (b) The principal of the endowment fund shall derive from
   55  the deposits made pursuant to s. 318.21(2)(e), together with any
   56  legislative appropriations which may be made to the endowment,
   57  and such bequests, gifts, grants, and donations as may be
   58  solicited for such purpose by the foundation from public or
   59  private sources.
   60         (c) All funds remitted to the Department of Revenue
   61  pursuant to s. 318.21(2)(e) and (5) shall be transmitted monthly
   62  to the foundation for use as provided in subsection (10). All
   63  remaining liquid balances of funds held for investment and
   64  reinvestment by the State Board of Administration for the
   65  endowment fund on the effective date of this act shall be
   66  transmitted to the foundation within 60 days for use as provided
   67  in subsection (10).
   68         (d) The board of directors of the foundation shall
   69  establish the operating account and shall deposit therein the
   70  moneys transmitted pursuant to paragraph (c). Moneys in the
   71  operating account shall be available to carry out the purposes
   72  of subsection (10).
   74  REHABILITATION.—The Florida Endowment Foundation for Vocational
   75  Rehabilitation is hereby created as a direct-support
   76  organization of the Division of Vocational Rehabilitation, to
   77  encourage public and private support to enhance vocational
   78  rehabilitation and employment of citizens who are disabled. As a
   79  direct-support organization, the foundation shall operate under
   80  contract with the division and shall:
   81         (a) Be a Florida corporation not for profit incorporated
   82  under the provisions of chapter 617 and approved by the
   83  Department of State.
   84         (b) Be organized and operated exclusively to raise funds;
   85  to submit requests and receive grants from the Federal
   86  Government, the state, private foundations, and individuals; to
   87  receive, hold, and administer property; and to make expenditures
   88  to or for the benefit of the rehabilitation programs approved by
   89  the board of directors of the foundation.
   90         (c) Be approved by the division to be operating for the
   91  benefit and best interest of the state.
   92         (6) DIRECT-SUPPORT ORGANIZATION CONTRACT.—The contract
   93  between the foundation and the division shall provide for:
   94         (a) Approval of the articles of incorporation of the
   95  foundation by the division.
   96         (b) Governance of the foundation by a board of directors
   97  appointed by the Governor.
   98         (c) Submission of an annual budget of the foundation for
   99  approval by the division.
  100         (d) Certification by the division, after an annual
  101  financial and performance review, that the foundation is
  102  operating in compliance with the terms of the contract and the
  103  rules of the division, and in a manner consistent with the goals
  104  of the Legislature in providing assistance to disabled citizens.
  105         (e) The release and conditions of the expenditure of any
  106  state revenues.
  107         (f) The reversion to the state of moneys in the foundation
  108  and in any other funds and accounts held in trust by the
  109  foundation if the contract is terminated.
  110         (g) The fiscal year of the foundation, to begin on July 1
  111  and end on June 30 of each year.
  112         (7) CONFIDENTIALITY.—
  113         (a) The identity of a donor or prospective donor to the
  114  Florida Endowment Foundation for Vocational Rehabilitation who
  115  desires to remain anonymous and all information identifying such
  116  donor or prospective donor are confidential and exempt from the
  117  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  118  Constitution. Portions of meetings of the Florida Endowment
  119  Foundation for Vocational Rehabilitation during which the
  120  identity of donors or prospective donors is discussed are exempt
  121  from the provisions of s. 286.011 and s. 24(b), Art. I of the
  122  State Constitution.
  123         (b) Records relating to clients of or applicants to the
  124  Division of Vocational Rehabilitation that come into the
  125  possession of the foundation and that are confidential by other
  126  provisions of law are confidential and exempt from the
  127  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  128  Constitution, and may not be released by the foundation.
  129  Portions of meetings of the Florida Endowment Foundation for
  130  Vocational Rehabilitation during which the identities of such
  131  clients of or applicants to the Division of Vocational
  132  Rehabilitation are discussed are exempt from the provisions of
  133  s. 286.011 and s. 24(b), Art. I of the State Constitution.
  134         (8) BOARD OF DIRECTORS.—The foundation shall be
  135  administered by a board of directors, as follows:
  136         (a) Membership.—The board of directors shall consist of
  137  nine members who have an interest in service to persons with
  138  disabilities and who:
  139         1. Have skills in foundation work or other fundraising
  140  activities, financial consulting, or investment banking or other
  141  related experience; or
  142         2. Have experience in policymaking or management-level
  143  positions or have otherwise distinguished themselves in the
  144  field of business, industry, or rehabilitation.
  146  Disabled individuals who meet the above criteria shall be given
  147  special consideration for appointment.
  148         (b) Appointment.—The board members shall be appointed by
  149  the Governor.
  150         (c) Terms.—Board members shall serve for 3-year terms or
  151  until resignation or removal for cause.
  152         (d) Filling of vacancies.—In the event of a vacancy on the
  153  board caused by other than the expiration of a term, a new
  154  member shall be appointed.
  155         (e) Removal for cause.—Each member is accountable to the
  156  Governor for the proper performance of the duties of office. The
  157  Governor may remove any member from office for malfeasance,
  158  misfeasance, neglect of duty, incompetence, or permanent
  159  inability to perform official duties or for pleading nolo
  160  contendere to, or being found guilty of, a crime.
  161         (9) ORGANIZATION, POWERS, AND DUTIES.—Within the limits
  162  prescribed in this section or by rule of the division:
  163         (a) Upon appointment, the board shall meet and organize.
  164  Thereafter, the board shall hold such meetings as are necessary
  165  to implement the provisions of this section and shall conduct
  166  its business in accordance with rules promulgated by the
  167  division.
  168         (b) The board may solicit and receive bequests, gifts,
  169  grants, donations, goods, and services. Where gifts are
  170  restricted as to purpose, they may be used only for the purpose
  171  or purposes stated by the donor. The board may transmit monetary
  172  gifts to the State Board of Administration for deposit in the
  173  endowment fund principal.
  174         (c) The board may enter into contracts with the Federal
  175  Government, state or local agencies, private entities, or
  176  individuals to carry out the purposes of this section.
  177         (d) The board may identify, initiate, and fund new and
  178  creative programs to carry out the purposes of this section,
  179  utilizing existing organizations, associations, and agencies to
  180  carry out such rehabilitation programs and purposes wherever
  181  possible.
  182         (e) The board may make gifts or grants:
  183         1. To the State of Florida or any political subdivision
  184  thereof, or any public agency of state or local government.
  185         2. To a corporation, trust, association, or foundation
  186  organized and operated exclusively for charitable, educational,
  187  or scientific purposes.
  188         3. To any citizen who has a documented disability.
  189         4. To the division for purposes of program recognition and
  190  marketing, public relations and education, professional
  191  development, and technical assistance and workshops for grant
  192  applicants and recipients, the business community, and
  193  individuals with disabilities or recognized groups organized on
  194  their behalf.
  195         (f) The board may advertise and solicit applications for
  196  funding and shall evaluate applications and program proposals
  197  submitted thereto. Funding shall be awarded only where the
  198  evaluation is positive and the proposal meets both the
  199  guidelines for use established in subsection (10) and such
  200  evaluation criteria as the division may prescribe by rule.
  201         (g) The board shall monitor, review, and annually evaluate
  202  funded programs to determine whether funding should be
  203  continued, terminated, reduced, or increased.
  204         (h) The board shall establish an operating account as
  205  provided in paragraph (4)(d).
  206         (i) The board may take such additional actions, including
  207  the hiring of necessary staff, as are deemed necessary and
  208  appropriate to administer this section, subject to rules of the
  209  division.
  210         (10) DISTRIBUTION OF MONEYS.—The board shall use the moneys
  211  in the operating account, by whatever means, to provide for:
  212         (a) Planning, research, and policy development for issues
  213  related to the employment and training of disabled citizens, and
  214  publication and dissemination of such information as may serve
  215  the objectives of this section.
  216         (b) Promotion of initiatives for disabled citizens.
  217         (c) Funding of programs which engage in, contract for,
  218  foster, finance, or aid in job training and counseling for
  219  disabled citizens or research, education, demonstration, or
  220  other activities related thereto.
  221         (d) Funding of programs which engage in, contract for,
  222  foster, finance, or aid in activities designed to advance better
  223  public understanding and appreciation of the field of vocational
  224  rehabilitation.
  225         (e) Funding of programs, property, or facilities which aid,
  226  strengthen, and extend in any proper and useful manner the
  227  objectives, work, services, and physical facilities of the
  228  division, in accordance with the purposes of this section.
  229         (11) ANNUAL AUDIT.—The board shall provide for an annual
  230  financial audit of the foundation in accordance with s. 215.981.
  231  The identities of donors and prospective donors who desire to
  232  remain anonymous shall be protected, and that anonymity shall be
  233  maintained in the auditor’s report.
  234         (12) ANNUAL REPORT.—The board shall issue a report to the
  235  Governor, the President of the Senate, the Speaker of the House
  236  of Representatives, and the Commissioner of Education by
  237  February 1 each year, summarizing the performance of the
  238  endowment fund for the previous fiscal year, summarizing the
  239  foundation’s fundraising activities and performance, and
  240  detailing those activities and programs supported by the
  241  endowment principal or earnings on the endowment principal or by
  242  bequests, gifts, grants, donations, and other valued goods and
  243  services received.
  244         (13) RULES.—The division shall promulgate rules for the
  245  implementation of this section.
  246         (14) REPEAL.—This section is repealed October 1, 2027 2017,
  247  unless reviewed and saved from repeal by the Legislature.
  248         Section 2. This act shall take effect July 1, 2017.