Florida Senate - 2019                                     SB 172
       By Senator Bean
       4-00608-19                                             2019172__
    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         abrogating the future repeal of provisions relating to
    5         the Florida Endowment for Vocational Rehabilitation;
    6         providing an effective date.
    8  Be It Enacted by the Legislature of the State of Florida:
   10         Section 1. Subsection (14) of section 413.615, Florida
   11  Statutes, is amended, and subsections (1) through (13) of that
   12  section are republished, to 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  any legislative appropriations which may be made to the
   56  endowment, and such bequests, gifts, grants, and donations as
   57  may be solicited for such purpose by the foundation from public
   58  or private sources.
   59         (c) All remaining liquid balances of funds held for
   60  investment and reinvestment by the State Board of Administration
   61  for the endowment fund on the effective date of this act shall
   62  be transmitted to the foundation within 60 days for use as
   63  provided in subsection (10).
   64         (d) The board of directors of the foundation shall
   65  establish the operating account and shall deposit therein the
   66  moneys transmitted pursuant to paragraph (c). Moneys in the
   67  operating account shall be available to carry out the purposes
   68  of subsection (10).
   69         (e) Funds received from state sources shall be accounted
   70  for separately from bequests, gifts, grants, and donations which
   71  may be solicited for such purposes by the foundation from public
   72  or private sources. Earnings on funds received from state
   73  sources and funds received from public or private sources shall
   74  be accounted for separately.
   76  REHABILITATION.—The Florida Endowment Foundation for Vocational
   77  Rehabilitation is hereby created as a direct-support
   78  organization of the Division of Vocational Rehabilitation, to
   79  encourage public and private support to enhance vocational
   80  rehabilitation and employment of citizens who are disabled. As a
   81  direct-support organization, the foundation shall operate under
   82  contract with the division and shall:
   83         (a) Be a Florida corporation not for profit incorporated
   84  under the provisions of chapter 617 and approved by the
   85  Department of State.
   86         (b) Be organized and operated exclusively to raise funds;
   87  to submit requests and receive grants from the Federal
   88  Government, the state, private foundations, and individuals; to
   89  receive, hold, and administer property; and to make expenditures
   90  to or for the benefit of the rehabilitation programs approved by
   91  the board of directors of the foundation.
   92         (c) Be approved by the division to be operating for the
   93  benefit and best interest of the state.
   94         (6) DIRECT-SUPPORT ORGANIZATION CONTRACT.—The contract
   95  between the foundation and the division shall provide for:
   96         (a) Approval of the articles of incorporation of the
   97  foundation by the division.
   98         (b) Governance of the foundation by a board of directors
   99  appointed by the Governor.
  100         (c) Submission of an annual budget of the foundation for
  101  approval by the division. The division may not approve an annual
  102  budget that does not comply with paragraph (9)(j).
  103         (d) Certification by the division, after an annual
  104  financial and performance review, that the foundation is
  105  operating in compliance with the terms of the contract and the
  106  rules of the division, and in a manner consistent with the goals
  107  of the Legislature in providing assistance to disabled citizens.
  108         (e) The release and conditions of the expenditure of any
  109  state revenues.
  110         (f) The orderly cessation of operations and reversion to
  111  the state of funds held in trust by the foundation if the
  112  contract is terminated, the foundation is dissolved, or this
  113  section is repealed.
  114         (g) The fiscal year of the foundation, to begin on July 1
  115  and end on June 30 of each year.
  116         (7) CONFIDENTIALITY.—
  117         (a) The identity of a donor or prospective donor to the
  118  Florida Endowment Foundation for Vocational Rehabilitation who
  119  desires to remain anonymous and all information identifying such
  120  donor or prospective donor are confidential and exempt from the
  121  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  122  Constitution. Portions of meetings of the Florida Endowment
  123  Foundation for Vocational Rehabilitation during which the
  124  identity of donors or prospective donors is discussed are exempt
  125  from the provisions of s. 286.011 and s. 24(b), Art. I of the
  126  State Constitution.
  127         (b) Records relating to clients of or applicants to the
  128  Division of Vocational Rehabilitation that come into the
  129  possession of the foundation and that are confidential by other
  130  provisions of law are confidential and exempt from the
  131  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  132  Constitution, and may not be released by the foundation.
  133  Portions of meetings of the Florida Endowment Foundation for
  134  Vocational Rehabilitation during which the identities of such
  135  clients of or applicants to the Division of Vocational
  136  Rehabilitation are discussed are exempt from the provisions of
  137  s. 286.011 and s. 24(b), Art. I of the State Constitution.
  138         (8) BOARD OF DIRECTORS.—The foundation shall be
  139  administered by a board of directors, as follows:
  140         (a) Membership.—The board of directors shall consist of
  141  nine members who have an interest in service to persons with
  142  disabilities and who:
  143         1. Have skills in foundation work or other fundraising
  144  activities, financial consulting, or investment banking or other
  145  related experience; or
  146         2. Have experience in policymaking or management-level
  147  positions or have otherwise distinguished themselves in the
  148  field of business, industry, or rehabilitation.
  150  Disabled individuals who meet the above criteria shall be given
  151  special consideration for appointment.
  152         (b) Appointment.—The board members shall be appointed by
  153  the Governor.
  154         (c) Terms.—Board members shall serve for 3-year terms or
  155  until resignation or removal for cause.
  156         (d) Filling of vacancies.—In the event of a vacancy on the
  157  board caused by other than the expiration of a term, a new
  158  member shall be appointed.
  159         (e) Removal for cause.—Each member is accountable to the
  160  Governor for the proper performance of the duties of office. The
  161  Governor may remove any member from office for malfeasance,
  162  misfeasance, neglect of duty, incompetence, or permanent
  163  inability to perform official duties or for pleading nolo
  164  contendere to, or being found guilty of, a crime.
  165         (9) ORGANIZATION, POWERS, AND DUTIES.—Within the limits
  166  prescribed in this section or by rule of the division:
  167         (a) Upon appointment, the board shall meet and organize.
  168  Thereafter, the board shall hold such meetings as are necessary
  169  to implement the provisions of this section and shall conduct
  170  its business in accordance with rules promulgated by the
  171  division.
  172         (b) The board may solicit and receive bequests, gifts,
  173  grants, donations, goods, and services. Where gifts are
  174  restricted as to purpose, they may be used only for the purpose
  175  or purposes stated by the donor. The board may transmit monetary
  176  gifts to the State Board of Administration for deposit in the
  177  endowment fund principal.
  178         (c) The board may enter into contracts with the Federal
  179  Government, state or local agencies, private entities, or
  180  individuals to carry out the purposes of this section.
  181         (d) The board may identify, initiate, and fund new and
  182  creative programs to carry out the purposes of this section,
  183  utilizing existing organizations, associations, and agencies to
  184  carry out such rehabilitation programs and purposes wherever
  185  possible.
  186         (e) The board may make gifts or grants:
  187         1. To the State of Florida or any political subdivision
  188  thereof, or any public agency of state or local government.
  189         2. To a corporation, trust, association, or foundation
  190  organized and operated exclusively for charitable, educational,
  191  or scientific purposes.
  192         3. To any citizen who has a documented disability.
  193         4. To the division for purposes of program recognition and
  194  marketing, public relations and education, professional
  195  development, and technical assistance and workshops for grant
  196  applicants and recipients, the business community, and
  197  individuals with disabilities or recognized groups organized on
  198  their behalf.
  199         (f) The board may advertise and solicit applications for
  200  funding and shall evaluate applications and program proposals
  201  submitted thereto. Funding shall be awarded only where the
  202  evaluation is positive and the proposal meets both the
  203  guidelines for use established in subsection (10) and such
  204  evaluation criteria as the division may prescribe by rule.
  205         (g) The board shall monitor, review, and annually evaluate
  206  funded programs to determine whether funding should be
  207  continued, terminated, reduced, or increased.
  208         (h) The board shall establish an operating account as
  209  provided in paragraph (4)(d).
  210         (i) The board may take such additional actions, including
  211  the hiring of necessary staff, as are deemed necessary and
  212  appropriate to administer this section, subject to rules of the
  213  division.
  214         (j) Administrative costs shall be kept to the minimum
  215  amount necessary for the efficient and effective administration
  216  of the foundation and are limited to 15 percent of total
  217  estimated expenditures in any calendar year. Administrative
  218  costs include payment of travel and per diem expenses of board
  219  members, officer salaries, chief executive officer program
  220  management, audits, salaries or other costs for nonofficers and
  221  contractors providing services that are not directly related to
  222  the mission of the foundation as described in subsection (5),
  223  costs of promoting the purposes of the foundation, and other
  224  allowable costs. Administrative costs may be paid from the
  225  following sources:
  226         1. Interest and earnings on the endowment principal for the
  227  2017-2018 fiscal year.
  228         2. Private sources and up to 75 percent of interest and
  229  earnings on the endowment principal for the 2018-2019 fiscal
  230  year.
  231         3. Private sources and up to 50 percent of interest and
  232  earnings on the endowment principal for the 2019-2020 fiscal
  233  year.
  234         4. Private sources and up to 25 percent of interest and
  235  earnings on the endowment principal for the 2020-2021 fiscal
  236  year.
  237         5. Solely private sources for the 2021-2022 fiscal year and
  238  thereafter.
  239         (k) The foundation shall publish on its website:
  240         1. The annual audit required by subsection (11) and the
  241  annual report required by subsection (12).
  242         2. For each position filled by an officer or employee, the
  243  position’s compensation level.
  244         3. A copy of each contract into which the foundation
  245  enters.
  246         4. Information on each program, gift, or grant funded by
  247  the foundation, including:
  248         a. Projected economic benefits at the time of the initial
  249  award date.
  250         b. Information describing the program, gift, or grant
  251  funded.
  252         c. The geographic area impacted.
  253         d. Any matching, in-kind support or other support.
  254         e. The expected duration.
  255         f. Evaluation criteria.
  256         5. The foundation’s contract with the division required by
  257  subsection (6).
  258         (10) DISTRIBUTION OF MONEYS.—The board shall use the moneys
  259  in the operating account, by whatever means, to provide for:
  260         (a) Planning, research, and policy development for issues
  261  related to the employment and training of disabled citizens, and
  262  publication and dissemination of such information as may serve
  263  the objectives of this section.
  264         (b) Promotion of initiatives for disabled citizens.
  265         (c) Funding of programs which engage in, contract for,
  266  foster, finance, or aid in job training and counseling for
  267  disabled citizens or research, education, demonstration, or
  268  other activities related thereto.
  269         (d) Funding of programs which engage in, contract for,
  270  foster, finance, or aid in activities designed to advance better
  271  public understanding and appreciation of the field of vocational
  272  rehabilitation.
  273         (e) Funding of programs, property, or facilities which aid,
  274  strengthen, and extend in any proper and useful manner the
  275  objectives, work, services, and physical facilities of the
  276  division, in accordance with the purposes of this section.
  278  Any allocation of funds for research, advertising, or consulting
  279  shall be subject to a competitive solicitation process. State
  280  funds may not be used to fund events for private sector donors
  281  or potential donors or to honor supporters.
  282         (11) ANNUAL AUDIT.—The board shall provide for an annual
  283  financial audit of the foundation in accordance with s. 215.981.
  284  The identities of donors and prospective donors who desire to
  285  remain anonymous shall be protected, and that anonymity shall be
  286  maintained in the auditor’s report.
  287         (12) ANNUAL REPORT.—The board shall issue a report to the
  288  Governor, the President of the Senate, the Speaker of the House
  289  of Representatives, and the Commissioner of Education by
  290  December 30 each year summarizing the performance of the
  291  endowment fund for the previous fiscal year, summarizing the
  292  foundation’s fundraising activities and performance, and
  293  detailing those activities and programs supported by the
  294  endowment principal or earnings on the endowment principal and
  295  those activities and programs supported by private sources,
  296  bequests, gifts, grants, donations, and other valued goods and
  297  services received. The report shall also include:
  298         (a) Financial data, by service type, including expenditures
  299  for administration and the provision of services.
  300         (b) The amount of funds spent on administrative expenses
  301  and fundraising and the amount of funds raised from private
  302  sources.
  303         (c) Outcome data, including the number of individuals
  304  served and employment outcomes.
  305         (13) RULES.—The division shall promulgate rules for the
  306  implementation of this section.
  307         (14)REPEAL.—This section is repealed October 1, 2019,
  308  unless reviewed and saved from repeal by the Legislature.
  309         Section 2. This act shall take effect upon becoming a law.