Senate Bill sb2126c1

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    Florida Senate - 2003                           CS for SB 2126

    By the Committee on Education; and Senator Wise





    304-2304-03

  1                      A bill to be entitled

  2         An act relating to blind services; providing a

  3         short title; creating the Florida Commission

  4         for the Blind in the Department of Education;

  5         providing membership, powers and duties, and

  6         meetings of the commission; providing for

  7         administrative support by the department;

  8         providing that the commission is the agency

  9         head of the Division of Blind Services;

10         providing that the division is the designated

11         state unit under the federal Rehabilitation Act

12         of 1973; providing that the division is a

13         separate budget entity; providing for an

14         executive director of the commission, who is

15         also chief administrative officer of the

16         division; providing for the executive director

17         to employ personnel; requiring the division to

18         develop and implement a state plan for

19         vocational rehabilitation services; requiring

20         the commission to develop and implement a state

21         plan for independent living services; providing

22         for the division to purchase and distribute

23         specialized equipment without using state

24         centralized purchasing procedures; exempting

25         such equipment from certain record and

26         inventory requirements; creating a children's

27         program; requiring an annual report by the

28         commission; providing for dispute resolution;

29         amending s. 20.15, F.S.; providing that members

30         of the Florida Commission for the Blind are not

31         appointed by the Commissioner of Education;

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    Florida Senate - 2003                           CS for SB 2126
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 1         amending s. 413.011, F.S.; providing

 2         legislative purpose and policy; providing

 3         duties of the commission and the division;

 4         eliminating division authority to recommend

 5         personnel; prescribing principles for

 6         commission activities; providing definitions;

 7         requiring background investigations of

 8         commission personnel; repealing the Advisory

 9         Council for the Blind; creating s. 413.093,

10         F.S.; providing budgetary procedures for the

11         commission; providing duties of the executive

12         director of the Florida Commission for the

13         Blind; creating s. 413.094, F.S.; providing for

14         management flexibility in the division's

15         allocation of funds and the amendment of

16         authorized positions; requiring the commission

17         to maintain records; creating s. 413.095, F.S.;

18         providing for the division to retain title to

19         certain real and personal property intended for

20         use by people who have visual impairments and

21         certain commission personnel; allowing the

22         division to repossess, transfer, and dispose of

23         such property; providing for rulemaking by the

24         commission; authorizing the commission to

25         create a blind services direct-support

26         organization; providing purposes and

27         objectives; providing for members of the board

28         of the direct-support organization; providing

29         that the organization is subject to s. 24, Art.

30         I of the State Constitution, ch. 119, F.S., and

31         s. 286.011, F.S.; requiring expenses of the

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    Florida Senate - 2003                           CS for SB 2126
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 1         organization to be paid by private funds;

 2         providing guidelines for the use of the funds;

 3         amending s. 413.0115, F.S., relating to the

 4         State Board of Administration's authorization

 5         to invest a portfolio, s. 413.012, F.S.,

 6         relating to prohibiting the disclosure of

 7         confidential records and providing exemptions

 8         to the prohibition, s. 413.013, F.S., relating

 9         to the destruction of certain records, s.

10         413.014, F.S., relating to community-based

11         rehabilitation programs, s. 413.041, F.S.,

12         relating to placing eligible blind persons in

13         vending facilities in public places, s.

14         413.051, F.S., the Little Randolph Sheppard

15         Act, s. 413.091, F.S., relating to the issuance

16         of identification cards to persons known to be

17         blind or partially sighted, s. 413.092, F.S.,

18         relating to the Blind Babies Program;

19         conforming provisions to the changes made by

20         this act; providing that this act does not

21         modify the status of certain employees;

22         repealing ss. 413.061, 413.062, 413.063,

23         413.064, 413.065, 413.066, 413.067, 413.068,

24         413.069, F.S., relating to the issuance of

25         permits for soliciting funds on behalf of blind

26         persons; providing an effective date.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30         Section 1.  This act may be cited as the "Florida

31  Commission for the Blind Act."

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    Florida Senate - 2003                           CS for SB 2126
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 1         Section 2.  Florida Commission for the Blind; creation;

 2  membership; powers and duties.--

 3         (1)(a)  There is created within the Department of

 4  Education a commission under section 20.03(10), Florida

 5  Statutes, which is independent of the department and which is

 6  designated as the Florida Commission for the Blind. The

 7  Florida Commission for the Blind is the designated state

 8  agency in accordance with the Rehabilitation Act of 1973, as

 9  amended.

10         (b)  The commission is the agency head of the Division

11  of Blind Services within the Department of Education, which

12  division is the designated state unit in accordance with the

13  Rehabilitation Act of 1973, as amended. The division is a

14  separate budget entity, and the commission shall serve as its

15  agency head for all purposes.

16         (c)  The Department of Education shall provide

17  administrative support and services to the commission and to

18  the division to the extent requested by the commission or the

19  executive director. The division is not subject to control,

20  supervision, or direction by the Department of Education in

21  any matter, including, but not limited to, personnel,

22  purchasing, transactions involving real or personal property,

23  and budgetary matters.

24         (2)(a)  The commission shall consist of nine members,

25  the majority of whom are blind, who are appointed by the

26  Governor and confirmed by the Senate.

27         (b)  Members of the commission must be qualified to

28  serve based on their knowledge and experience in

29  rehabilitation and related services for the blind. Before

30  making appointments, the Governor shall consult with

31  

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    Florida Senate - 2003                           CS for SB 2126
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 1  recognized consumer groups of people who are blind in this

 2  state to obtain their recommendations for appointees.

 3         (c)  Each commissioner shall be appointed for a 3-year

 4  term, except that, in order to establish staggered terms,

 5  three of the initial appointments shall be for 3-year terms;

 6  three of the initial appointments shall be for 2-year terms;

 7  and three of the initial appointments shall be for 1-year

 8  terms. Thereafter, all commissioners shall be appointed for

 9  3-year terms. The initial appointments to the commission shall

10  be made no later than July 15, 2003.

11         (d)  Each commissioner is accountable to the Governor

12  for the proper performance of the duties of his or her office.

13  The Governor may remove any member from office for

14  malfeasance, misfeasance, neglect of duty, incompetence, or

15  permanent inability to perform his or her official duties or

16  for pleading nolo contendere to or being found guilty of a

17  crime.

18         (3)  The first meeting of the commission must be held

19  no later than August 1, 2003. A majority of the members of the

20  commission constitutes a quorum to transact business. The

21  chair of the commission shall be elected by the members

22  present and voting at the first meeting, a quorum being

23  present, and annually thereafter. The commission shall meet at

24  least quarterly or at the call of the chair or at the call of

25  a majority of the members at such other times as the

26  commissioners determine appropriate. The commission is subject

27  to Section 24, Article I of the State Constitution, chapter

28  119, Florida Statutes, and section 286.011, Florida Statutes.

29         (4)  A commissioner:

30         (a)  May not be employed by the division during the

31  term of his or her membership;

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    Florida Senate - 2003                           CS for SB 2126
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 1         (b)  May not receive compensation for services on the

 2  commission;

 3         (c)  Shall be reimbursed for travel expenses and per

 4  diem as provided in section 112.061, Florida Statutes; and

 5         (d)  May not receive financial benefit from contracts

 6  entered into by the commission.

 7         (5)(a)  The commission shall appoint an executive

 8  director who has knowledge and experience in rehabilitation

 9  and related services for the blind or has a background in

10  management and any other area, as determined appropriate by

11  the commission. The executive director serves at the pleasure

12  of the commission. Removal of the executive director by vote

13  of the commission requires five votes in favor of such action.

14         (b)  The executive director shall serve as the chief

15  administrative officer of the Division of Blind Services. The

16  executive director shall employ such personnel as are needed

17  and shall fix their compensation. All division employees shall

18  report to the executive director.

19         (6)(a)  The division shall develop and implement a

20  state plan for vocational rehabilitation services for

21  individuals who are blind, pursuant to section 101 of the

22  Rehabilitation Act of 1973, as amended.

23         (b)  In conjunction with the Florida Independent Living

24  Council, the division shall develop and implement a 3-year

25  state plan for independent living services and provide

26  independent living services for blind and visually impaired

27  individuals, including services for older individuals who are

28  blind, pursuant to Title VII, chapter 2 of the Rehabilitation

29  Act of 1973, as amended.

30  

31  

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    Florida Senate - 2003                           CS for SB 2126
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 1         (c)  The division shall provide services that

 2  contribute to the maintenance of or the increased independence

 3  of older individuals who are blind.

 4         (d)  The division shall establish, equip, and maintain

 5  an orientation and adjustment center or centers to provide

 6  independent living skills training and other training such as,

 7  but not limited to, instruction in Braille; use of the long

 8  white cane for independent travel; homemaking and

 9  home-management skills; and communication skills, including

10  the use of computer technology, to prepare individuals who are

11  blind or visually impaired for eventual vocational training,

12  job placement, and independence.

13         (e)  The division shall establish and implement a small

14  business enterprises program and serve as the state licensing

15  agency for individuals who are blind, pursuant to the federal

16  Randolph-Sheppard Act.

17         (f)  The division shall purchase and distribute

18  specialized equipment, devices, and technology, including

19  low-vision aids, obtained directly from specialty vendors

20  without using state centralized purchasing procedures.

21  Property that is purchased by a state agency for the purpose

22  of making accommodations for individuals who are blind is not

23  subject to the record and inventory requirements set forth in

24  section 273.02, Florida Statutes. A state agency may use funds

25  from all possible sources to make accommodations for

26  individuals who are blind.

27         (g)  In cooperation with the Library of Congress, the

28  division shall provide library services to persons who are

29  blind and persons who have physical disabilities.

30         (h)  In cooperation with other appropriate agencies,

31  the division shall provide to employers, the state education

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 1  agency, and local education agencies technical assistance in

 2  the provision of auxiliary aids and services to people who are

 3  blind, students, and their parents in complying with the

 4  Americans with Disabilities Act and the Individuals with

 5  Disabilities Education Act, as amended.

 6         (i)  The division shall provide technical assistance to

 7  agencies within the state in order to assure that information

 8  technology purchased or used by such agencies is accessible to

 9  and usable by individuals who are blind, at the time the

10  technology is purchased or used.

11         (j)  The division shall participate, through the

12  designation of the executive director or an appropriate staff

13  member of the commission, on boards, commissions, or bodies in

14  this state for the purpose of coordinating and planning

15  services.

16         (k)  The division shall conduct a review of consumer

17  satisfaction with programs of the division and perform other

18  functions of the statewide rehabilitation council specified in

19  section 105(c) of the Rehabilitation Act of 1973, as amended.

20         (l)  The commission shall adopt rules for administering

21  the programs of the division.

22         (m)  The division shall apply for and receive money

23  from any state or federal agency to support the programs of

24  the commission.

25         (n)  The division shall develop and administer any

26  other program that will further the provision of services to

27  people who are blind and that the commission determines falls

28  within its scope of responsibility.

29         (7)(a)  There is created within the Division of Blind

30  Services a children's program to serve children who are blind

31  from 5 years of age through transition to the Vocational

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    Florida Senate - 2003                           CS for SB 2126
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 1  Rehabilitation Program. This program must supplement services

 2  already offered by the school system to foster the child's

 3  learning and ability to function independently. The child's

 4  parents, guardian, and family members should be an integral

 5  part of the program in order to foster independence.

 6         (b)  The division shall provide vocational

 7  rehabilitation services to individuals in this state who are

 8  blind, pursuant to the Rehabilitation Act of 1973, as amended.

 9         (c)  The division shall provide independent living

10  services to individuals in this state who are blind, including

11  older individuals, pursuant to the Rehabilitation Act of 1973,

12  as amended.

13         (8)  The Florida Commission for the Blind shall publish

14  an annual report that includes a list of accomplishments,

15  findings, and recommendations for improvements based on the

16  division's performance during the year. The report must also

17  contain information needed to evaluate the progress of the

18  division in meeting the needs of blind individuals in this

19  state.

20         (9)(a)  Any applicant for or recipient of services from

21  the division who is dissatisfied with any action taken or

22  decision made regarding such services may file a complaint

23  setting forth the basis for the dissatisfaction and the remedy

24  sought. Upon receipt of the complaint, the executive director

25  shall inform the individual of the voluntary procedures for

26  mediation of the dispute. The mediation must be conducted by a

27  qualified and impartial mediator, and the commission must pay

28  the costs.

29         (b)  If the dispute cannot be resolved by mediation or

30  other informal means, the executive director shall, through a

31  designee, notify the complainant of his or her rights for

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    Florida Senate - 2003                           CS for SB 2126
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 1  appeal under state and federal law related to the program from

 2  which the complaint arises. The commission shall adopt rules

 3  sufficient to regulate the conduct of all proceedings required

 4  under this section and to assure the rights of all parties

 5  participating therein.

 6         Section 3.  Section 20.15, Florida Statutes, is amended

 7  to read:

 8         20.15  Department of Education.--There is created a

 9  Department of Education.

10         (1)  STATE BOARD OF EDUCATION.--In accordance with s.

11  2, Art. IX of the State Constitution, the State Board of

12  Education is a body corporate and must supervise the system of

13  free public education as is provided by law. The State Board

14  of Education is the head of the Department of Education.

15         (2)  COMMISSIONER OF EDUCATION.--The Commissioner of

16  Education is appointed by the State Board of Education and

17  serves as the Executive Director of the Department of

18  Education.

19         (3)  DIVISIONS.--The following divisions of the

20  Department of Education are established:

21         (a)  Division of Community Colleges.

22         (b)  Division of Public Schools.

23         (c)  Division of Colleges and Universities.

24         (d)  Division of Vocational Rehabilitation.

25         (e)  Division of Blind Services.

26         (4)  DIRECTORS.--Except as otherwise provided, the

27  directors of all divisions shall be appointed by the

28  commissioner subject to approval by the state board.

29         (5)  POWERS AND DUTIES.--The State Board of Education

30  and the Commissioner of Education shall assign to the

31  divisions such powers, duties, responsibilities, and functions

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 1  as are necessary to ensure the greatest possible coordination,

 2  efficiency, and effectiveness of education for students in

 3  K-20 education.

 4         (6)  COUNCILS AND COMMITTEES.--Notwithstanding anything

 5  contained in law to the contrary, the commissioner shall

 6  appoint all members of all councils, commissions, and

 7  committees of the Department of Education, except the

 8  Commission for Independent Education, and the Education

 9  Practices Commission, and the Florida Commission for the

10  Blind.

11         (7)  BOARDS.--Notwithstanding anything contained in law

12  to the contrary, all members of the university and community

13  college boards of trustees must be appointed according to

14  chapter 1001.

15         Section 4.  Section 413.011, Florida Statutes, is

16  amended to read:

17         413.011  Division of Blind Services, internal

18  organizational structure; Advisory Council for the Blind.--

19         (1)  PURPOSE AND POLICY.--

20         (a)  Purpose.--The purpose of this act is to establish

21  a coordinated program of services which will be available to

22  individuals throughout this state who are blind. The program

23  must be designed to maximize employment opportunities for such

24  individuals and to increase their independence and

25  self-sufficiency. In implementing this program, the Florida

26  Commission for the Blind The internal organizational structure

27  of the Division of Blind Services shall be designed for the

28  purpose of ensuring the greatest possible efficiency and

29  effectiveness of services to the blind and to be consistent

30  with chapter 20.  The Division of Blind Services shall plan

31  

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    Florida Senate - 2003                           CS for SB 2126
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 1  and, supervise, and the division shall carry out, the

 2  following activities:

 3         (a)  Recommend personnel as may be necessary to carry

 4  out the purposes of this section.

 5         (b)  Cause to be compiled and maintained a complete

 6  register of the blind in the state, which shall describe the

 7  condition, cause of blindness, and capacity for education and

 8  industrial training, with such other facts as may seem to the

 9  division to be of value.  Any information in the register of

10  the blind which, when released, could identify an individual

11  is confidential and exempt from the provisions of s.

12  119.07(1).

13         1.(c)  Inquire into the cause of blindness, inaugurate

14  preventive measures, and provide for the examination and

15  treatment of the blind, or those threatened with blindness,

16  for the benefit of such persons, and shall pay therefor,

17  including necessary incidental expenses.

18         2.(d)  Aid the blind in finding employment, teach them

19  trades and occupations within their capacities, assist them in

20  disposing of products made by them in home industries, assist

21  them in obtaining funds for establishing enterprises where

22  federal funds reimburse the state, and do such things as will

23  contribute to the efficiency of self-support of the blind.

24         3.(e)  Establish one or more training schools and

25  workshops for the employment of suitable blind persons; make

26  expenditures of funds for such purposes; receive moneys from

27  sales of commodities involved in such activities and from such

28  funds make payments of wages, repairs, insurance premiums and

29  replacements of equipment. All of the activities provided for

30  in this section may be carried on in cooperation with private

31  workshops for the blind, except that all tools and equipment

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 1  furnished by the division shall remain the property of the

 2  state.

 3         4.(f)  Provide special services and benefits for the

 4  blind for developing their social life through community

 5  activities and recreational facilities.

 6         5.(g)  Undertake such other activities as may

 7  ameliorate the condition of blind residents citizens of this

 8  state.

 9         6.(h)  Cooperate with other agencies, public or

10  private, especially the Division of the Blind and Physically

11  Handicapped of the Library of Congress and the Division of

12  Library and Information Services of the Department of State,

13  to provide library service to the blind and other handicapped

14  persons as defined in federal law and regulations in carrying

15  out any or all of the provisions of this law.

16         7.(i)  Recommend contracts and agreements with federal,

17  state, county, municipal and private corporations, and

18  individuals.

19         8.(j)  Receive moneys or properties by gift or bequest

20  from any person, firm, corporation, or organization for any of

21  the purposes herein set out in part I of this chapter, but

22  without authority to bind the state to any expenditure or

23  policy except such as is may be specifically authorized by

24  law.  All such moneys or properties so received by gift or

25  bequest as herein authorized in this subparagraph may be

26  disbursed and expended by the division upon its own warrant

27  upon approval of the commission for any of the purposes herein

28  set forth, and such moneys or properties do shall not

29  constitute nor may they or be considered a part of any

30  legislative appropriation made by the state for the purpose of

31  carrying out this section the provisions of this law.

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 1         9.(k)  Prepare and make available to the blind, in

 2  braille and on electronic recording equipment, Florida

 3  Statutes chapters 20, 120, 121, and 413, in their entirety.

 4         10.(l)  Adopt by rule procedures for providing

 5  vocational rehabilitation services for the blind upon approval

 6  of the commission.

 7         11.(m)  Adopt by rule forms and instructions to be used

 8  by the division in its general administration upon approval of

 9  the commission.

10         (b)  Policy.--It is the policy of the Legislature that

11  all programs, projects, and activities of the Florida

12  Commission for the Blind and the division are to be carried

13  out in a manner consistent with the following principles:

14         1.  Respect for individual dignity, personal

15  responsibility, self-determination to live independently, and

16  pursuit of meaningful careers, based on informed choice;

17         2.  Support for the involvement of an individual's

18  representative if an individual requests, desires, or needs

19  such support;

20         3.  Respect for the individual's privacy and equal

21  access, including the use of information in accessible

22  formats; and

23         4.  Integration and full participation of individuals

24  who are blind in society on equal terms with others.

25         (2)  DEFINITIONS.--As used in this section, the term:

26         (a)  "Act," unless the context indicates otherwise,

27  means the Rehabilitation Act of 1973, 29 U.S.C. ss. 701-797.

28         (b)  "Blind" or "blindness" means the condition of any

29  person for whom blindness is a disability as defined by the

30  Rehabilitation Act of 1973, 29 U.S.C. s. 706(8)(b).

31  

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 1         (3)  The Florida Commission for the Blind shall,

 2  because of the special trust placed in and the special

 3  responsibility imposed on employees of the commission, require

 4  all employees and applicants for employment to undergo

 5  personnel screening and security background investigations as

 6  provided in chapter 435, using the level one standards for

 7  screening set forth in that chapter, as a condition of

 8  employment and continued employment. The commission shall pay

 9  the cost of a personnel screening and security background

10  investigation for each employee of the commission.

11         (c)  "Department" means the Department of Labor and

12  Employment Security.

13         (3)  There is hereby created in the department the

14  Advisory Council for the Blind to assist the division in the

15  planning and development of statewide rehabilitation programs

16  and services, to recommend improvements to such programs and

17  services, and to perform the functions provided in this

18  section.

19         (a)  The advisory council shall be composed of:

20         1.  At least one representative of the Independent

21  Living Council, which representative may be the chair or other

22  designee of the council;

23         2.  At least one representative of a parent training

24  and information center established pursuant to s. 631(c)(9) of

25  the Individuals with Disabilities Act, 20 U.S.C. s.

26  1431(c)(9);

27         3.  At least one representative of the client

28  assistance program established under the act;

29         4.  At least one vocational rehabilitation counselor

30  who has knowledge of and experience in vocational

31  rehabilitation services for the blind, who shall serve as an

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 1  ex officio nonvoting member of the council if the counselor is

 2  an employee of the department;

 3         5.  At least one representative of community

 4  rehabilitation program service providers;

 5         6.  Four representatives of business, industry, and

 6  labor;

 7         7.  At least one representative of a disability

 8  advocacy group representing individuals who are blind;

 9         8.  At least one parent, family member, guardian,

10  advocate, or authorized representative of an individual who is

11  blind, has multiple disabilities, and either has difficulties

12  representing himself or herself or is unable, due to

13  disabilities, to represent himself or herself;

14         9.  Current or former applicants for, or recipients of,

15  vocational rehabilitation services; and

16         10.  The director of the division, who shall be an ex

17  officio member of the council.

18         (b)  Members of the council shall be appointed by the

19  Governor, who shall select members after soliciting

20  recommendations from representatives of organizations

21  representing a broad range of individuals who have

22  disabilities, and organizations interested in those

23  individuals.

24         (c)  A majority of council members shall be persons who

25  are:

26         1.  Blind; and

27         2.  Not employed by the division.

28         (d)  The council shall select a chair from among its

29  membership.

30         (e)  Each member of the council shall serve for a term

31  of not more than 3 years, except that:

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 1         1.  A member appointed to fill a vacancy occurring

 2  prior to the expiration of the term for which a predecessor

 3  was appointed shall be appointed for the remainder of such

 4  term; and

 5         2.  The terms of service of the members initially

 6  appointed shall be, as specified by the Governor, for such

 7  fewer number of years as will provide for the expiration of

 8  terms on a staggered basis.

 9         (f)  No member of the council may serve more than two

10  consecutive full terms.

11         (g)  Any vacancy occurring in the membership of the

12  council shall be filled in the same manner as the original

13  appointment. A vacancy does not affect the power of the

14  remaining members to execute the duties of the council.

15         (h)  In addition to the other functions specified in

16  this section, the council shall:

17         1.  Review, analyze, and advise the division regarding

18  the performance of the responsibilities of the division under

19  Title I of the act, particularly responsibilities relating to:

20         a.  Eligibility, including order of selection;

21         b.  The extent, scope, and effectiveness of services

22  provided; and

23         c.  Functions performed by state agencies that affect

24  or potentially affect the ability of individuals who are blind

25  to achieve rehabilitation goals and objectives under Title I.

26         2.  Advise the department and the division, and, at the

27  discretion of the department or division, assist in the

28  preparation of applications, the state plan, the strategic

29  plan, and amendments to the plans, reports, needs assessments,

30  and evaluations required by Title I.

31  

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 1         3.  To the extent feasible, conduct a review and

 2  analysis of the effectiveness of, and consumer satisfaction

 3  with:

 4         a.  The functions performed by state agencies and other

 5  public and private entities responsible for performing

 6  functions for individuals who are blind.

 7         b.  Vocational rehabilitation services:

 8         (I)  Provided or paid for from funds made available

 9  under the act or through other public or private sources.

10         (II)  Provided by state agencies and other public and

11  private entities responsible for providing vocational

12  rehabilitation services to individuals who are blind.

13         4.  Prepare and submit an annual report on the status

14  of vocational rehabilitation services for the blind in the

15  state to the Governor and the Commissioner of the

16  Rehabilitative Services Administration, established under s.

17  702 of the act, and make the report available to the public.

18         5.  Coordinate with other councils within the state,

19  including the Independent Living Council, the advisory panel

20  established under s. 613(a)(12) of the Individuals with

21  Disabilities Education Act, 20 U.S.C. 1413(a)(12), the State

22  Planning Council described in s. 124 of the Developmental

23  Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s.

24  6024, and the state mental health planning council established

25  under s. 1916(e) of the Public Health Service Act, 42 U.S.C.

26  300X-4(e).

27         6.  Advise the department and division and provide for

28  coordination and the establishment of working relationships

29  among the department, the division, the Independent Living

30  Council, and centers for independent living in the state.

31  

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 1         7.  Perform such other functions consistent with the

 2  purposes of the act as the council determines to be

 3  appropriate that are comparable to functions performed by the

 4  council.

 5         (i)1.  The council shall prepare, in conjunction with

 6  the division, a plan for the provision of such resources,

 7  including such staff and other personnel, as may be necessary

 8  to carry out the functions of the council. The resource plan

 9  shall, to the maximum extent possible, rely on the use of

10  resources in existence during the period of implementation of

11  the plan.

12         2.  If there is a disagreement between the council and

13  the division in regard to the resources necessary to carry out

14  the functions of the council as set forth in this section, the

15  disagreement shall be resolved by the Governor.

16         3.  The council shall, consistent with law, supervise

17  and evaluate such staff and other personnel as may be

18  necessary to carry out its functions.

19         4.  While assisting the council in carrying out its

20  duties, staff and other personnel shall not be assigned duties

21  by the division or any other state agency or office that would

22  create a conflict of interest.

23         (j)  No council member shall cast a vote on any matter

24  that would provide direct financial benefit to the member or

25  otherwise give the appearance of a conflict of interest under

26  state law.

27         (k)  The council shall convene at least four meetings

28  each year. These meetings shall occur in such places as the

29  council deems necessary to conduct council business. The

30  council may conduct such forums or hearings as the council

31  considers appropriate. The meetings, hearings, and forums

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 1  shall be publicly announced. The meetings shall be open and

 2  accessible to the public. The council shall make a report of

 3  each meeting which shall include a record of its discussions

 4  and recommendations, all of which reports shall be made

 5  available to the public.

 6         Section 5.  Section 413.0115, Florida Statutes, is

 7  amended to read:

 8         413.0115  State Board of Administration; authorization

 9  to invest division's portfolio.--The State Board of

10  Administration may invest and reinvest the portfolio of

11  stocks, bonds, and mutual funds held by the Division of Blind

12  Services in accordance with the trust agreement approved by

13  the commission Division of Blind Services and the State Board

14  of Administration and the provisions of ss. 215.44-215.53. The

15  executive director of the Florida Commission for the Blind

16  Division of Blind Services shall make the portfolio available

17  and shall transfer it to the State Board of Administration for

18  investment.

19         Section 6.  Section 413.012, Florida Statutes, is

20  amended to read:

21         413.012  Confidential records disclosure prohibited;

22  exemptions.--

23         (1)  All records furnished to the Division of Blind

24  Services in connection with state or local vocational

25  rehabilitation programs and containing information as to

26  personal facts about applicants or clients given or made

27  available to the state or local vocational rehabilitation

28  agency or its representatives or employees in the course of

29  the administration of the program, including lists of names

30  and addresses and records of evaluations of clients, are

31  confidential and exempt from the provisions of s. 119.07(1).

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 1  The division may disclose such exempt and confidential records

 2  to the commission when necessary for the commission to perform

 3  its duties, but commissioners shall maintain the exempt and

 4  confidential status of such records.

 5         (2)  It is unlawful for any person to disclose,

 6  authorize the disclosure, solicit, receive, or make use of any

 7  list of names and addresses or any record containing any

 8  information set forth in subsection (1) and maintained in the

 9  division.  The prohibition provided for in this subsection

10  does shall not apply to the use of such information for

11  purposes directly connected with the administration of the

12  vocational rehabilitation program or with the monthly dispatch

13  to the Division of Driver Licenses of the Department of

14  Highway Safety and Motor Vehicles of the name in full, place

15  and date of birth, sex, social security number, and resident

16  address of individuals who have with central visual acuity of

17  20/200 or less in the better eye with correcting glasses, or a

18  disqualifying field defect in which the peripheral field has

19  contracted to such an extent that the widest diameter or

20  visual field subtends an angular distance no greater than 20

21  degrees. When requested in writing by an applicant or client,

22  or her or his representative, the Division of Blind Services

23  shall release confidential information to the applicant or

24  client or her or his representative.

25         (3)  Any person who violates a provision of this

26  section is guilty of a misdemeanor of the second degree,

27  punishable as provided in s. 775.082 or s. 775.083.

28         Section 7.  Section 413.013, Florida Statutes, is

29  amended to read:

30         413.013  Destruction of records.--The Florida

31  Commission for the Blind Division of Blind Services may

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 1  authorize the destruction of any division correspondence,

 2  documents, or other records when the subject matter involved

 3  has been closed or terminated and their preservation is not

 4  required by federal or state law, rule, or regulation.  No

 5  Such material may not shall be destroyed unless the commission

 6  has given specific authority to destroy it is given by the

 7  division and unless the said records have been in the

 8  possession of the commission division 5 or more years prior to

 9  their destruction.

10         Section 8.  Section 413.014, Florida Statutes, is

11  amended to read:

12         413.014  Community-based rehabilitation programs.--The

13  Division of Blind Services shall enter into cooperative

14  agreements with community-based rehabilitation programs to be

15  the service providers for the blind citizens of their

16  communities.  The division shall, as rapidly as feasible,

17  increase the amount of such services provided by

18  community-based rehabilitation programs. The goal shall be to

19  decrease the amount of such services provided by division

20  employees and to increase to the maximum extent allowed by

21  federal law the amount of such services provided through

22  cooperative agreements with community-based service providers.

23  The division shall seek, to the maximum extent allowed by

24  federal and state law and regulation, all available federal

25  funds for such purposes.  Funds and in-kind matching

26  contributions from community and private sources shall be used

27  to maximize federal funds. Unless prohibited by federal law or

28  regulation, the share of the federal vocational rehabilitation

29  grant apportioned for services to the blind must shall be not

30  less than 17 percent.

31  

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 1         Section 9.  Section 413.041, Florida Statutes, is

 2  amended to read:

 3         413.041  Eligible blind persons; placement in vending

 4  facilities in public places.--For the purpose of assisting

 5  blind persons to become self-supporting, the Division of Blind

 6  Services is hereby authorized to carry on activities to

 7  promote the employment of eligible blind persons, including

 8  the licensing and establishment of such persons as operators

 9  of vending facilities on public property.  The said division

10  may cooperate with any agency of the Federal Government in the

11  furtherance of the provisions of the Act of Congress entitled

12  "An Act to authorize the operation of stands in federal

13  buildings by blind persons, to enlarge the economic

14  opportunities of the blind and for other purposes," Pub. L.

15  No. 732, 74th Congress, and the said division may cooperate in

16  the furtherance of the provisions of any other act of Congress

17  providing for the rehabilitation of the blind which is that

18  may now be in effect or is may hereafter be enacted by

19  Congress.

20         Section 10.  Section 413.051, Florida Statutes, is

21  amended to read:

22         413.051  Eligible blind persons; operation of vending

23  stands.--

24         (1)  This section may be cited shall be known as the

25  Little Randolph Sheppard Act.

26         (2)  As used in this section, the term:

27         (a)  "Blind licensee" means any blind person trained

28  and licensed by the Division of Blind Services of the

29  Department of Education to operate a vending stand.

30         (b)  "Vending stand" means any manually operated

31  cafeteria, snack bar, cart service, shelter, counter, or other

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 1  manually operated facility for the sale of newspapers,

 2  periodicals, confections, tobacco products, foods, beverages,

 3  or other such articles or services.

 4         (c)  "State agency" means any agency of the state.

 5         (d)  "State property" means any building or land owned,

 6  leased, or otherwise controlled by the state, but does not

 7  include any building or land under the control of the Board of

 8  Regents, a community college district board of trustees, or

 9  any state correctional institution as defined in s. 944.02.

10         (e)  "Property custodian" or "person in charge" means

11  any employee, agent, or person who is in control of or

12  responsible for the maintenance, operation, and protection of

13  any state property.

14         (3)  Blind licensees shall be given the first

15  opportunity to participate in the operation of vending stands

16  on all state properties acquired after July 1, 1979, when such

17  facilities are operated under the supervision of the Division

18  of Blind Services of the Department of Education.

19         (4)  The Division of Blind Services shall conduct be

20  responsible for a periodic survey of all state properties and,

21  where feasible, shall establish vending facilities to be

22  operated by blind licensees.

23         (5)  All property custodians and duly authorized agents

24  or employees of the state shall cooperate with the division in

25  its survey of state properties and shall make available

26  adequate space, electrical wiring, plumbing, and ventilation

27  necessary to the installation of a vending facility on any

28  state property designated as suitable by the division.

29         (6)  The division shall be notified by property

30  custodians or persons in charge at least 180 days prior to the

31  initiation of any new construction, expansion, leasing, or

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 1  acquisition of property occupied or to be occupied by a state

 2  agency.

 3         (7)  A No person or persons may not shall be offered or

 4  granted any concession by any property custodian or person in

 5  charge to operate a vending stand on any state property

 6  acquired after July 1, 1979, unless the division is notified

 7  of that proposed concession.

 8         (8)  Income from new vending machines or replacement of

 9  existing machines installed on state property after July 1,

10  1979, shall accrue to the blind licensee who operates a

11  vending facility on the same property or, if none, to the

12  division.  The division shall be responsible for the servicing

13  and maintenance of all vending machines.

14         (9)  This section does not It is the legislative intent

15  that this section shall not apply or operate, in any way or

16  any manner, to divest any person or organization presently

17  operating a vending stand on state, county, or municipal

18  property from continuing to do so; however, the property

19  custodian or person in charge shall notify the Division of

20  Blind Services at least 180 days prior to the expiration

21  whether the such vending facility location is suitable for

22  operation by a blind licensee.

23         (10)  All the preceding provisions are permissive

24  regarding all political subdivisions of the state.

25         (11)  Effective July 1, 1996, blind licensees who

26  remain members of the Florida Retirement System pursuant to s.

27  121.051(6)(b)1. shall pay any unappropriated retirement costs

28  from their net profits or from program income. Within 30 days

29  after the effective date of this act, each blind licensee who

30  is eligible to maintain membership in the Florida Retirement

31  System under s. 121.051(6)(b)1., but who elects to withdraw

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 1  from the system as provided in s. 121.051(6)(b)3., must, on or

 2  before July 31, 1996, notify the Division of Blind Services

 3  and the Department of Management Services in writing of his or

 4  her election to withdraw.  Failure to timely notify the

 5  divisions shall be deemed a decision to remain a compulsory

 6  member of the Florida Retirement System. However, if, at any

 7  time after July 1, 1996, sufficient funds are not paid by a

 8  blind licensee to cover the required contribution to the

 9  Florida Retirement System, that blind licensee shall become

10  ineligible to participate in the Florida Retirement System on

11  the last day of the first month for which no contribution is

12  made or the amount contributed is insufficient to cover the

13  required contribution.  For any blind licensee who becomes

14  ineligible to participate in the Florida Retirement System as

15  described in this subsection, no creditable service shall be

16  earned under the Florida Retirement System for any period

17  following the month that retirement contributions ceased to be

18  reported. However, any such person may participate in the

19  Florida Retirement System in the future if employed by a

20  participating employer in a covered position.

21         (12)  The Division of Blind Services may adopt rules

22  upon the approval of the commission to permit the division to

23  establish and maintain vending facilities, issue licenses,

24  establish and maintain a vending facility training program,

25  provide vendors access to financial data of the program, set

26  aside funds from net proceeds of the vending facility, provide

27  for the transfer and promotion of vendors, establish a vendors

28  committee, provide for an operation agreement, provide duties

29  and responsibilities of the commission division with respect

30  to the vending facility program, and provide procedures for

31  newspaper vending sales.

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 1         Section 11.  Section 413.091, Florida Statutes, is

 2  amended to read:

 3         413.091  Identification cards.--

 4         (1)  The Division of Blind Services of the Department

 5  of Education shall is hereby empowered to issue identification

 6  cards to persons known to be blind or partially sighted, upon

 7  the written request of such individual.

 8         (2)  The individual shall submit proof of blindness as

 9  specified by the division.

10         (3)  The division is will be responsible for design and

11  content of the identification card and shall develop and adopt

12  promulgate rules, regulations, and procedures relating to the

13  eligibility and application for, and issuance and control of,

14  these identification cards.

15         Section 12.  Section 413.092, Florida Statutes, is

16  amended to read:

17         413.092  Blind Babies Program.--

18         (1)  The Blind Babies Program is created within the

19  Division of Blind Services of the Department of Education to

20  provide community-based early-intervention education to

21  children from birth through 5 years of age who are blind or

22  visually impaired, and to their parents, families, and

23  caregivers, through community-based provider organizations.

24  The division shall enlist parents, ophthalmologists,

25  pediatricians, schools, Infant and Toddlers Early Intervention

26  Programs, and therapists to help identify and enroll blind and

27  visually impaired children, as well as their parents,

28  families, and caregivers, in these educational programs.

29         (2)  The program is not an entitlement but shall

30  promote early development with a special emphasis on vision

31  skills to minimize developmental delays. The education must

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 1  shall lay the groundwork for future learning by helping a

 2  child progress through normal developmental stages. It must

 3  shall teach children to discover and make the best use of

 4  their skills for future success in school. It must shall seek

 5  to ensure that visually impaired and blind children enter

 6  school as ready to learn as their sighted classmates. The

 7  program shall seek to link these children, and their parents,

 8  families, and caregivers, to other available services,

 9  training, education, and employment programs that could assist

10  these families in the future. This linkage may include

11  referrals to the school districts and the Infants and Toddlers

12  Early Intervention Program for assessments to identify any

13  additional services that are needed but which are not provided

14  by the Blind Babies Program. The commission division shall

15  develop a formula for eligibility based on financial means and

16  may create a means-based matrix to set a copayment fee for

17  families having sufficient financial means.

18         (3)  The commission division shall establish outcomes

19  for this program, which must shall include, but are not

20  limited to, outcomes relating to the children's

21  age-appropriate developmental stages; knowledge of assistive

22  technology; proficiency at daily living; ability to

23  participate in pre-school and school; participation in their

24  communities; and ability to be literate. The commission

25  division shall develop criteria to be used in identifying and

26  contracting with community-based provider organizations. All

27  services offered through the Blind Babies Program shall be

28  provided by community-based provider organizations. The

29  division shall require any community-based provider

30  organization delivering services under this program to develop

31  

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 1  performance measures related to those services and report to

 2  the division on the progress in achieving those measures.

 3         Section 13.  Section 413.093, Florida Statutes, is

 4  created to read:

 5         413.093  Budget procedures.--

 6         (1)  The executive director of the Florida Commission

 7  for the Blind shall recommend to the commission a budget of

 8  income and expenditures at such time and in such form as the

 9  commission prescribes. The commission shall adopt procedures

10  for the approval of budget amendments.

11         (2)  In preparing the division's legislative budget

12  request, the Florida Commission for the Blind shall use the

13  same format, procedures, and timelines that are required for

14  preparing and submitting the legislative budget of the

15  Department of Education. The Commissioner of Education shall

16  include without modification the division's budget request in

17  the department's legislative budget request to the State Board

18  of Education. The State Board of Education shall include the

19  division's budget request without modification in the State

20  Board of Education's budget request to the Governor and the

21  Legislature. The legislative budget request and the

22  appropriation for the Florida Commission for the Blind must

23  constitute a separate identifiable sum in the Department of

24  Education budget. The annual appropriation for the commission

25  must be distributed monthly in payments that are as nearly

26  equal as possible. Appropriations for client services,

27  instructional technology, and motor vehicles may be released

28  and distributed as necessary to serve the instructional

29  program for the clients.

30         (3)  Fixed capital outlay needs of the commission must

31  continue to be requested in the public education capital

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 1  outlay legislative budget request of the Department of

 2  Education.

 3         Section 14.  Section 413.094, Florida Statutes, is

 4  created to read:

 5         413.094  Management flexibility.--

 6         (1)  Notwithstanding ss. 216.031, 216.181, and 216.262

 7  to the contrary and pursuant to s. 216.351, but subject to any

 8  guidelines imposed in the General Appropriations Act, funds

 9  for the operation of the Division of Blind Services must be

10  requested and appropriated within budget entities, program

11  components, program categories, lump sums, or special

12  categories. Funds appropriated to the division for each

13  program category, lump sum, or special category may be

14  transferred to traditional categories for expenditure by the

15  division. The commission shall develop an annual operating

16  budget for the division that allocates funds by program

17  component and traditional expenditure category.

18         (2)  Notwithstanding s. 216.181 and pursuant to s.

19  216.351, but subject to any requirements imposed in the

20  General Appropriations Act, a lump-sum plan is not a

21  prerequisite to implementing the special categories, program

22  categories, or lump-sum appropriations. Upon release of the

23  special categories, program categories, or lump-sum

24  appropriations to the commission, the Chief Financial Officer,

25  upon the request of the commission, shall transfer or

26  reallocate funds to or among accounts established for

27  disbursement purposes. The commission shall maintain records

28  to account for the original appropriation to the division.

29         (3)  Notwithstanding ss. 216.031, 216.181, 216.251, and

30  216.262 to the contrary and pursuant to s. 216.351, but

31  subject to any requirements imposed in the General

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 1  Appropriations Act, the executive director shall establish the

 2  authorized positions and may amend such positions, within the

 3  total funds authorized annually in the appropriations act.

 4         Section 15.  Section 413.095, Florida Statutes, is

 5  created to read:

 6         413.095  Retention of title to and disposal of property

 7  and equipment.--

 8         (1)  The Division of Blind Services retains title to

 9  any real or personal property, such as tools, instruments,

10  training supplies, equipment, motor vehicles, real property,

11  or other items of value acquired for use by people who have

12  visual impairments or personnel employed in operating programs

13  of the division, and may repossess and transfer such property

14  for use by other people who have visual impairments or

15  personnel employed in the operation of the division.

16         (2)  The Division of Blind Services, upon approval of

17  the commission, may offer for sale any surplus items acquired

18  in the operation of the program when they are no longer

19  necessary or may exchange them for necessary items that can be

20  used to greater advantage. When any such surplus equipment is

21  sold or exchanged, a receipt for the sale or exchange which

22  shows the consideration given for the equipment must be taken

23  from the purchaser, and the consideration must be forwarded to

24  the division to be included in the division's portfolio of

25  investments pursuant to s. 413.115. Any funds that the

26  division receives pursuant to any such transaction must be

27  deposited in the Grants and Donations Trust Fund, are exempt

28  from the State Treasury pursuant to s. 215.311, and are

29  available for expenditure for any purposes consistent with ss.

30  413.011-413.092.

31  

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 1         (3)  The Florida Commission for the Blind has the

 2  exclusive right to develop rules relating to records and

 3  recordkeeping for property owned by the commission which is

 4  referred to in subsections (1) and (2).

 5         Section 16.  Blind services direct-support

 6  organization.--

 7         (1)  As used in this section, the term "direct-support

 8  organization" means a not-for-profit corporation incorporated

 9  under chapter 617, Florida Statutes, and organized and

10  operated to conduct programs and activities; initiate

11  developmental projects; raise funds; request and receive

12  grants, gifts, and bequests of moneys; acquire, receive, hold,

13  invest, and administer, in its own name, securities, funds,

14  objects of value, or other property, real or personal; and

15  make expenditures to or for the direct or indirect benefit of

16  the state and for blind persons in this state.

17         (2)(a)  The Florida Commission for the Blind is

18  authorized to organize and incorporate a direct-support

19  organization pursuant to the requirements of this section and

20  chapter 617, Florida Statutes, to accomplish the purposes and

21  objectives set forth in this section.

22         (b) The first board of seven members of the

23  direct-support organization shall be appointed by the

24  Governor. Two members shall be appointed to serve 2-year

25  terms, three members shall be appointed to serve 3-year terms,

26  and two members shall be appointed to serve 4-year terms.

27  Thereafter, the board shall be self-appointed according to the

28  established by-laws.

29         (c)  The chairman of the commission shall serve as an

30  ex officio member of the board of the direct-support

31  organization.

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 1         (d)  The direct-support organization is subject to the

 2  requirements of Section 24 of Article I of the State

 3  Constitution, chapter 119, Florida Statutes, and section

 4  286.011, Florida Statutes.

 5         (e)  Upon the dissolution of the corporation, all

 6  properties of the corporation revert to the commission.

 7         (f)  The direct-support organization shall maintain

 8  donations and direct service expenditures in a bank account

 9  outside of the State Treasury.

10         (g)  Any administrative costs of running and promoting

11  the purposes of the corporation must be paid by private funds.

12         (3)  The purposes and objectives of the direct-support

13  organization must be consistent with the priority issues and

14  objectives of the Department of Education and must be in the

15  best interests of the state, though the Division of Blind

16  Services may permit, without charge, the appropriate use of

17  property and facilities of the state by the direct-support

18  organization subject to this section. Such use must be

19  directly in keeping with the approved purposes of the

20  direct-support organization.

21         (4)  Funds designated for the direct-support

22  organization must be used for the enhancement of programs and

23  projects of the Division of Blind Services. All moneys

24  received by the direct-support organization must be deposited

25  into an account of the direct-support organization and must be

26  used by the organization in a manner consistent with the

27  purposes and goals of the direct-support organization.

28         (5)  The direct-support organization shall comply with

29  the audit requirements of section 215.981, Florida Statutes.

30         (6)  The executive director of the Division of Blind

31  Services may designate employees of the division to solicit

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 1  donations from public or private sources to fund the

 2  authorized purposes of the direct-support organization.

 3         Section 17.  Reorganization of the Division of Blind

 4  Services under this act does not modify the status of division

 5  employees under chapter 110 and chapter 121, Florida Statutes.

 6         Section 18.  Sections 413.061, 413.062, 413.063,

 7  413.064, 413.065, 413.066, 413.067, 413.068, and 413.069,

 8  Florida Statutes, are repealed.

 9         Section 19.  This act shall take effect July 1, 2003.

10  

11  

12  

13  

14  

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    Florida Senate - 2003                           CS for SB 2126
    304-2304-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2126

 3                                 

 4  The committee substitute creates the Florida Commission for
    the Blind within the Department of Education. The commission
 5  is independent of the department but serves as the agency head
    of the Division of Blind Services. The division is not subject
 6  to the control, supervision, or direction by the department in
    any matter.
 7  
    The committee substitute provides that the commission shall
 8  consist of nine members appointed by the Governor with
    confirmation by the Senate. A majority of the commission
 9  members must be blind. The committee substitute provides that
    removal of a member may only be made for cause. Members are
10  prohibited from being employed by the division, receive
    compensation for services, or receive financial benefit from
11  any commission contracts.

12  The committee substitute provides for an executive director,
    appointed by the commission. The executive director serves as
13  the chief administrative officer of the division and is
    responsible for all personnel.
14  
    The committee substitute expands the powers and duties of the
15  division to include: implementing a state plan for vocational
    rehabilitation for blind individuals, implementing a state
16  plan for independent living services for blind or visually
    impaired individuals, maintaining centers to provide
17  independent living skills training, implementing a small
    business enterprises program, providing library services,
18  administering a blind children's program, and providing
    technical assistance to other agencies and employers.
19  
    The committee substitute provides that the commission's budget
20  request is submitted to the Commissioner of Education, State
    Board of Education, Governor, and Legislature. The committee
21  substitute provides that neither the Commissioner of Education
    nor the State Board of Education may modify the budget request
22  of the commission.

23  The committee substitute provides management flexibility to
    the commission by exempting the commission from the
24  requirements of ss. 216.031, 216.181, 216.262, and 216.251,
    F.S.
25  
    The committee substitute provides that the division retains
26  title to all property acquired for use by people who have
    visual impairments or personnel employed in operating programs
27  of the division.

28  The committee substitute authorizes the commission to create a
    direct-support organization.
29  
    The committee substitute repeals the Advisory Council for the
30  Blind.

31  The licensing procedure of the division for those individuals
    soliciting funds or value or selling merchandise for the use
                                  35

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    Florida Senate - 2003                           CS for SB 2126
    304-2304-03




 1  and benefit of blind persons is repealed.

 2  The committee substitute advances the effective date of the
    act to July 1, 2003.
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                                  36

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