Florida Senate - 2017                       CS for CS for SB 890
       By the Committees on Appropriations; and Education; and Senators
       Bean and Montford
       576-04157-17                                           2017890c2
    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         requiring the Florida Endowment Foundation for
    5         Vocational Rehabilitation to maintain separate
    6         accounts for certain funds received from state sources
    7         and public or private sources; establishing
    8         restrictions regarding administrative costs of the
    9         foundation; requiring the foundation to publish
   10         specified information on its website; requiring that
   11         funds allocated for research, advertising, or
   12         consulting be subject to a competitive solicitation
   13         process; prohibiting use of state funds to fund
   14         certain events; extending the date for future review
   15         and repeal of provisions governing the Florida
   16         Endowment for Vocational Rehabilitation; providing an
   17         effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Section 413.615, Florida Statutes, is amended to
   22  read:
   23         413.615 Florida Endowment for Vocational Rehabilitation.—
   24         (1) SHORT TITLE.—This section may be cited as the “Florida
   25  Endowment for Vocational Rehabilitation Act.”
   26         (2) DEFINITIONS.—For the purposes of this section:
   27         (a) “Board” means the board of directors of the Florida
   28  Endowment Foundation for Vocational Rehabilitation.
   29         (b) “Endowment fund” means an account established within
   30  the Florida Endowment Foundation for Vocational Rehabilitation
   31  to provide a continuing and growing source of revenue for
   32  vocational rehabilitation efforts.
   33         (c) “Foundation” means the Florida Endowment Foundation for
   34  Vocational Rehabilitation.
   35         (d) “Operating account” means an account established under
   36  paragraph (4)(d) to carry out the purposes provided in
   37  subsection (10).
   38         (3) LEGISLATIVE INTENT.—The Legislature recognizes that it
   39  is in the best interest of the citizens of this state that
   40  citizens with disabilities be afforded a fair opportunity to
   41  become self-supporting, productive members of society. However,
   42  there is a critical need for significant additional funding to
   43  achieve this goal. Accordingly, the Legislature further finds
   44  and declares that:
   45         (a) With skilled evaluation procedures and proper
   46  rehabilitative treatment, plus employment, training, and
   47  supportive services consistent with the needs of the individual,
   48  persons who are disabled can assume the activities of daily
   49  living and join their communities with dignity and independence.
   50         (b) The purpose of this section is to broaden the
   51  participation and funding potential for further significant
   52  support for the rehabilitation of Florida citizens who are
   53  disabled.
   54         (c) It is appropriate to encourage individual and corporate
   55  support and involvement, as well as state support and
   56  involvement, to promote employment opportunities for disabled
   57  citizens.
   59         (a) The endowment fund of the Florida Endowment for
   60  Vocational Rehabilitation is created as a long-term, stable, and
   61  growing source of revenue to be administered, in accordance with
   62  rules promulgated by the division, by the foundation as a
   63  direct-support organization of the division.
   64         (b) The principal of the endowment fund shall derive from
   65  the deposits made pursuant to s. 318.21(2)(e), together with any
   66  legislative appropriations which may be made to the endowment,
   67  and such bequests, gifts, grants, and donations as may be
   68  solicited for such purpose by the foundation from public or
   69  private sources.
   70         (c) All funds remitted to the Department of Revenue
   71  pursuant to s. 318.21(2)(e) and (5) shall be transmitted monthly
   72  to the foundation for use as provided in subsection (10). All
   73  remaining liquid balances of funds held for investment and
   74  reinvestment by the State Board of Administration for the
   75  endowment fund on the effective date of this act shall be
   76  transmitted to the foundation within 60 days for use as provided
   77  in subsection (10).
   78         (d) The board of directors of the foundation shall
   79  establish the operating account and shall deposit therein the
   80  moneys transmitted pursuant to paragraph (c). Moneys in the
   81  operating account shall be available to carry out the purposes
   82  of subsection (10).
   83         (e)Funds received from state sources shall be accounted
   84  for separately from bequests, gifts, grants, and donations that
   85  may be solicited for such purposes by the foundation from public
   86  or private sources. Earnings on funds received from state
   87  sources and funds received from public or private sources shall
   88  be accounted for separately.
   90  REHABILITATION.—The Florida Endowment Foundation for Vocational
   91  Rehabilitation is hereby created as a direct-support
   92  organization of the Division of Vocational Rehabilitation, to
   93  encourage public and private support to enhance vocational
   94  rehabilitation and employment of citizens who are disabled. As a
   95  direct-support organization, the foundation shall operate under
   96  contract with the division and shall:
   97         (a) Be a Florida corporation not for profit incorporated
   98  under the provisions of chapter 617 and approved by the
   99  Department of State.
  100         (b) Be organized and operated exclusively to raise funds;
  101  to submit requests and receive grants from the Federal
  102  Government, the state, private foundations, and individuals; to
  103  receive, hold, and administer property; and to make expenditures
  104  to or for the benefit of the rehabilitation programs approved by
  105  the board of directors of the foundation.
  106         (c) Be approved by the division to be operating for the
  107  benefit and best interest of the state.
  108         (6) DIRECT-SUPPORT ORGANIZATION CONTRACT.—The contract
  109  between the foundation and the division shall provide for:
  110         (a) Approval of the articles of incorporation of the
  111  foundation by the division.
  112         (b) Governance of the foundation by a board of directors
  113  appointed by the Governor.
  114         (c) Submission of an annual budget of the foundation for
  115  approval by the division.
  116         (d) Certification by the division, after an annual
  117  financial and performance review, that the foundation is
  118  operating in compliance with the terms of the contract and the
  119  rules of the division, and in a manner consistent with the goals
  120  of the Legislature in providing assistance to disabled citizens.
  121         (e) The release and conditions of the expenditure of any
  122  state revenues.
  123         (f) The reversion to the state of moneys in the foundation
  124  and in any other funds and accounts held in trust by the
  125  foundation if the contract is terminated.
  126         (g) The fiscal year of the foundation, to begin on July 1
  127  and end on June 30 of each year.
  128         (7) CONFIDENTIALITY.—
  129         (a) The identity of a donor or prospective donor to the
  130  Florida Endowment Foundation for Vocational Rehabilitation who
  131  desires to remain anonymous and all information identifying such
  132  donor or prospective donor are confidential and exempt from the
  133  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  134  Constitution. Portions of meetings of the Florida Endowment
  135  Foundation for Vocational Rehabilitation during which the
  136  identity of donors or prospective donors is discussed are exempt
  137  from the provisions of s. 286.011 and s. 24(b), Art. I of the
  138  State Constitution.
  139         (b) Records relating to clients of or applicants to the
  140  Division of Vocational Rehabilitation that come into the
  141  possession of the foundation and that are confidential by other
  142  provisions of law are confidential and exempt from the
  143  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  144  Constitution, and may not be released by the foundation.
  145  Portions of meetings of the Florida Endowment Foundation for
  146  Vocational Rehabilitation during which the identities of such
  147  clients of or applicants to the Division of Vocational
  148  Rehabilitation are discussed are exempt from the provisions of
  149  s. 286.011 and s. 24(b), Art. I of the State Constitution.
  150         (8) BOARD OF DIRECTORS.—The foundation shall be
  151  administered by a board of directors, as follows:
  152         (a) Membership.—The board of directors shall consist of
  153  nine members who have an interest in service to persons with
  154  disabilities and who:
  155         1. Have skills in foundation work or other fundraising
  156  activities, financial consulting, or investment banking or other
  157  related experience; or
  158         2. Have experience in policymaking or management-level
  159  positions or have otherwise distinguished themselves in the
  160  field of business, industry, or rehabilitation.
  162  Disabled individuals who meet the above criteria shall be given
  163  special consideration for appointment.
  164         (b) Appointment.—The board members shall be appointed by
  165  the Governor.
  166         (c) Terms.—Board members shall serve for 3-year terms or
  167  until resignation or removal for cause.
  168         (d) Filling of vacancies.—In the event of a vacancy on the
  169  board caused by other than the expiration of a term, a new
  170  member shall be appointed.
  171         (e) Removal for cause.—Each member is accountable to the
  172  Governor for the proper performance of the duties of office. The
  173  Governor may remove any member from office for malfeasance,
  174  misfeasance, neglect of duty, incompetence, or permanent
  175  inability to perform official duties or for pleading nolo
  176  contendere to, or being found guilty of, a crime.
  177         (9) ORGANIZATION, POWERS, AND DUTIES.—Within the limits
  178  prescribed in this section or by rule of the division:
  179         (a) Upon appointment, the board shall meet and organize.
  180  Thereafter, the board shall hold such meetings as are necessary
  181  to implement the provisions of this section and shall conduct
  182  its business in accordance with rules promulgated by the
  183  division.
  184         (b) The board may solicit and receive bequests, gifts,
  185  grants, donations, goods, and services. Where gifts are
  186  restricted as to purpose, they may be used only for the purpose
  187  or purposes stated by the donor. The board may transmit monetary
  188  gifts to the State Board of Administration for deposit in the
  189  endowment fund principal.
  190         (c) The board may enter into contracts with the Federal
  191  Government, state or local agencies, private entities, or
  192  individuals to carry out the purposes of this section.
  193         (d) The board may identify, initiate, and fund new and
  194  creative programs to carry out the purposes of this section,
  195  utilizing existing organizations, associations, and agencies to
  196  carry out such rehabilitation programs and purposes wherever
  197  possible.
  198         (e) The board may make gifts or grants:
  199         1. To the State of Florida or any political subdivision
  200  thereof, or any public agency of state or local government.
  201         2. To a corporation, trust, association, or foundation
  202  organized and operated exclusively for charitable, educational,
  203  or scientific purposes.
  204         3. To any citizen who has a documented disability.
  205         4. To the division for purposes of program recognition and
  206  marketing, public relations and education, professional
  207  development, and technical assistance and workshops for grant
  208  applicants and recipients, the business community, and
  209  individuals with disabilities or recognized groups organized on
  210  their behalf.
  211         (f) The board may advertise and solicit applications for
  212  funding and shall evaluate applications and program proposals
  213  submitted thereto. Funding shall be awarded only where the
  214  evaluation is positive and the proposal meets both the
  215  guidelines for use established in subsection (10) and such
  216  evaluation criteria as the division may prescribe by rule.
  217         (g) The board shall monitor, review, and annually evaluate
  218  funded programs to determine whether funding should be
  219  continued, terminated, reduced, or increased.
  220         (h) The board shall establish an operating account as
  221  provided in paragraph (4)(d).
  222         (i) The board may take such additional actions, including
  223  the hiring of necessary staff, as are deemed necessary and
  224  appropriate to administer this section, subject to rules of the
  225  division.
  226         (j)Administrative costs shall be kept to the minimum
  227  necessary for the efficient and effective administration of the
  228  foundation and are limited to 15 percent of total estimated
  229  expenditures in any calendar year. Administrative costs include
  230  nonprogram costs, officer salaries, audits, salaries or other
  231  costs for nonofficers or contractors providing services that are
  232  not considered program costs, and costs for promoting the
  233  purposes of the foundation, and other allowable administrative
  234  costs. Administrative costs may not be paid from funds received
  235  directly from the state.
  236         (k)The foundation shall publish on its website:
  237         1.The annual audit required by subsection (11) and the
  238  annual report required by subsection (12).
  239         2.For each position filled by an officer or employee, the
  240  position’s compensation level.
  241         3.A copy of each contract into which the foundation
  242  enters.
  243         4.Information on each program, gift, or grant funded by
  244  the foundation, including:
  245         a.Projected economic benefits at the time of the initial
  246  award date.
  247         b.Information describing the program, gift, or grant
  248  funded.
  249         c.The geographic area impacted.
  250         d.Any matching, in-kind support or other support.
  251         e.The expected duration.
  252         f.Evaluation criteria.
  253         5.The foundation’s contract with the division required by
  254  subsection (6).
  255         (10) DISTRIBUTION OF MONEYS.—The board shall use the moneys
  256  in the operating account, by whatever means, to provide for:
  257         (a) Planning, research, and policy development for issues
  258  related to the employment and training of disabled citizens, and
  259  publication and dissemination of such information as may serve
  260  the objectives of this section.
  261         (b) Promotion of initiatives for disabled citizens.
  262         (c) Funding of programs which engage in, contract for,
  263  foster, finance, or aid in job training and counseling for
  264  disabled citizens or research, education, demonstration, or
  265  other activities related thereto.
  266         (d) Funding of programs which engage in, contract for,
  267  foster, finance, or aid in activities designed to advance better
  268  public understanding and appreciation of the field of vocational
  269  rehabilitation.
  270         (e) Funding of programs, property, or facilities which aid,
  271  strengthen, and extend in any proper and useful manner the
  272  objectives, work, services, and physical facilities of the
  273  division, in accordance with the purposes of this section.
  275  Any allocation of funds for research, advertising, or consulting
  276  shall be subject to a competitive solicitation process. State
  277  funds may not be used to fund events for private sector donors
  278  or potential donors or to honor supporters.
  279         (11) ANNUAL AUDIT.—The board shall provide for an annual
  280  financial audit of the foundation in accordance with s. 215.981.
  281  The identities of donors and prospective donors who desire to
  282  remain anonymous shall be protected, and that anonymity shall be
  283  maintained in the auditor’s report.
  284         (12) ANNUAL REPORT.—The board shall issue a report to the
  285  Governor, the President of the Senate, the Speaker of the House
  286  of Representatives, and the Commissioner of Education by
  287  February 1 each year, summarizing the performance of the
  288  endowment fund for the previous fiscal year, summarizing the
  289  foundation’s fundraising activities and performance, and
  290  detailing those activities and programs supported by the
  291  endowment principal or earnings on the endowment principal or by
  292  bequests, gifts, grants, donations, and other valued goods and
  293  services received.
  294         (13) RULES.—The division shall promulgate rules for the
  295  implementation of this section.
  296         (14) REPEAL.—This section is repealed October 1, 2022 2017,
  297  unless reviewed and saved from repeal by the Legislature.
  298         Section 2. This act shall take effect July 1, 2017.