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The Florida Senate

2004 Florida Statutes

Eligibility for vocational rehabilitation services.
Section 413.30, Florida Statutes 2004

413.30  Eligibility for vocational rehabilitation services.--

(1)  A person is eligible for vocational rehabilitation services if the person has a disability and requires vocational rehabilitation services to prepare for, enter, engage in, or retain gainful employment.

(2)  Determinations by other state or federal agencies regarding whether an individual satisfies one or more factors relating to the determination that an individual has a disability may be used. Individuals determined to have a disability pursuant to Title II or Title XVI of the Social Security Act shall be considered to have a physical or mental impairment that constitutes or results in a substantial impediment to employment and a severe physical or mental impairment that seriously limits one or more functional capacities in terms of an employment outcome.

(3)  An individual shall be presumed to benefit in terms of an employment outcome from vocational rehabilitation services under this part unless the division can demonstrate by clear and convincing evidence that the individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome. To demonstrate that an individual cannot benefit from vocational rehabilitation services due to the severity of the individual's disability, the division shall conduct an extended evaluation, not to exceed 18 months. The evaluation must determine the eligibility of the individual and the nature and scope of needed vocational rehabilitation services. The extended evaluation must be reviewed once every 90 days to determine whether the individual is eligible for vocational rehabilitation services.

(4)  The division shall determine the eligibility of an individual for vocational rehabilitation services within a reasonable period of time, not to exceed 60 days after the individual has submitted an application to receive vocational rehabilitation services, unless the division notifies the individual that exceptional and unforeseen circumstances beyond the control of the division prevent the division from completing the determination within the prescribed time and the individual agrees that an extension of time is warranted or that an extended evaluation is required.

(5)  As soon as a determination has been made that an individual is eligible for vocational rehabilitation services, the division must complete an assessment for determining eligibility and vocational rehabilitation needs and ensure that an individualized written rehabilitation program is prepared.

(a)  The individualized written rehabilitation program must be jointly developed, agreed upon, and signed by the vocational rehabilitation counselor or coordinator and the eligible individual or, in an appropriate case, a parent, family member, guardian, advocate, or authorized representative, of such individual.

(b)  The division must ensure that each individualized written rehabilitation program is designed to achieve the employment objective of the individual, consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of the individual, and otherwise meets the content requirements for individualized written rehabilitation programs as set out in federal law or regulation.

(c)  Each individualized written rehabilitation program shall be reviewed annually, at which time the individual, or the individual's parent, guardian, advocate, or authorized representative, shall be afforded an opportunity to review the program and jointly redevelop and agree to its terms. Each individualized written rehabilitation program shall be revised as needed.

(6)  The division must ensure that a determination of ineligibility made with respect to an individual prior to the initiation of an individualized written rehabilitation program, based upon the review, and, to the extent necessary, upon the preliminary assessment, includes specification of the reasons for such a determination; the rights and remedies available to the individual, including, if appropriate, recourse to administrative remedies; and the availability of services provided by the client assistance program to the individual.

(7)  In the event the division is unable to provide services to all eligible individuals, the division shall establish an order of selection and serve first those persons who have the most severe disabilities.

History.--s. 9, ch. 25364, 1959; s. 13, ch. 65-239; ss. 19, 35, ch. 69-106; s. 5, ch. 69-344; s. 311, ch. 77-147; s. 8, ch. 87-227; s. 16, ch. 94-324.

Note.--Former ss. 229.33, 229.0110.