CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. SB 136
Amendment No.
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5
6
7
8
9
10
11 Senator Forman moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 1, line 10,
15
16 insert:
17 Section 1. Present subsection (2) of section 413.011,
18 Florida Statutes, is redesignated as subsection (3) and
19 amended, and a new subsection (2) is added to that section, to
20 read:
21 413.011 Division of Blind Services, internal
22 organizational structure; Advisory Council for the Blind.--
23 (2) As used in this section, the term:
24 (a) "Act" means the Rehabilitation Act of 1973, 29
25 U.S.C. s. 706(8)(b), unless the context indicates otherwise.
26 (b) "Blindness" or "blind" means the state of
27 blindness as a disability, as defined by the Rehabilitation
28 Act of 1973, 29 U.S.C. s. 706(8)(b).
29 (c) "Department" means the Department of Labor and
30 Employment Security.
31 (3)(2) There is hereby created in the department of
1
8:10 AM 03/05/98 s0136c-32j01
SENATE AMENDMENT
Bill No. SB 136
Amendment No.
1 Labor and Employment Security the Advisory Council for the
2 Blind to assist the division in the planning and development
3 of statewide rehabilitation programs and services, to
4 recommend improvements to such programs and services, and to
5 perform the functions listed in this section. The council
6 shall be composed of:
7 1. At least one representative of the Independent
8 Living Council, who may be the chairperson or the
9 chairperson's designee;
10 2. At least one representative of a parent training
11 and information center established pursuant to s. 631(c)(9) of
12 the Individuals with Disabilities Act, 20 U.S.C. s.
13 1431(c)(9);
14 3. At least one representative of the client
15 assistance program established under the act;
16 4. At least one vocational rehabilitation counselor
17 who has knowledge of and experience in vocational
18 rehabilitation services for the blind, who shall be an ex
19 officio, nonvoting member of the council if he or she is an
20 employee of the department;
21 5. At least one representative of community
22 rehabilitation program service providers;
23 6. Four representatives of business, industry, and
24 labor;
25 7. At least one representative of a disability
26 advocacy group representing individuals who are blind;
27 8. At least one parent, family member, guardian,
28 advocate, or authorized representative of an individual who is
29 blind, has multiple disabilities, and either has difficulties
30 representing himself or herself or is unable, due to
31 disabilities, to represent himself or herself;
2
8:10 AM 03/05/98 s0136c-32j01
SENATE AMENDMENT
Bill No. SB 136
Amendment No.
1 9. Current or former applicants for or recipients of
2 vocational rehabilitation services; and
3 10. The director of the division, who shall be an ex
4 officio member.
5 (b) Members of the council shall be appointed by the
6 Governor, who shall select members after soliciting
7 recommendations from representatives of organizations that
8 represent a broad range of individuals who have disabilities
9 and from organizations that are interested in such
10 individuals.
11 (c) A majority of council members must be blind and
12 must not be employed by the Division of Blind Services.
13 (d) The council shall select a chairperson from among
14 its members.
15 (e) Each member of the council shall be appointed to
16 serve for a term of not more than 3 years, except that:
17 1. A member who is appointed to fill a vacancy that
18 occurs before the expiration of the term for which the
19 member's predecessor was appointed shall be appointed for the
20 remainder of the predecessor's term, and
21 2. The terms of service of the members who are
22 initially appointed shall be of such duration, as specified by
23 the Governor, as will provide for the terms to be staggered.
24 (f) A member may not serve more than two consecutive
25 full terms.
26 (g) A vacancy in the membership of the council must be
27 filled in the same manner as the original appointment. A
28 vacancy does not affect the power of the remaining members to
29 execute the duties of the council.
30 (h) In addition to other functions specified in this
31 section, the council shall:
3
8:10 AM 03/05/98 s0136c-32j01
SENATE AMENDMENT
Bill No. SB 136
Amendment No.
1 1. Review, analyze, and advise the division regarding
2 the performance of the division's responsibilities under Title
3 I of the act, especially the responsibilities relating to:
4 a. Eligibility, including order of selection;
5 b. The extent, scope, and effectiveness of services
6 provided; and
7 c. Functions performed by state agencies which affect
8 or potentially affect the ability of individuals who are blind
9 to achieve rehabilitation goals and objectives under Title I.
10 2. Advise the department and the division, and, at the
11 discretion of the department or division, assist in the
12 preparation of applications, the state plan, the strategic
13 plan, and amendments to the plans, reports, needs assessments,
14 and evaluations required by Title I.
15 3. To the extent feasible, conduct a review and
16 analysis of the effectiveness of, and consumer satisfaction
17 with:
18 a. The functions performed by state agencies and other
19 public and private entities that are responsible for
20 performing functions for individuals who are blind.
21 b. Vocational rehabilitation services that are:
22 (I) Provided or paid for from funds made available
23 under the act or through other public or private sources.
24 (II) Provided by state agencies and other public and
25 private entities responsible for providing vocational
26 rehabilitation services to individuals who are blind.
27 4. Prepare an annual report on the status of
28 vocational rehabilitation services for the blind in this
29 state, submit the report to the Governor and the Commissioner
30 of the Rehabilitative Services Administration, which is
31 established under s. 702 of the act, and make the report
4
8:10 AM 03/05/98 s0136c-32j01
SENATE AMENDMENT
Bill No. SB 136
Amendment No.
1 available to the public.
2 5. Coordinate with other councils within this state,
3 including the Independent Living Council, the advisory panel
4 established under s. 613(a)(12) of the Individuals with
5 Disabilities Education Act, 20 U.S.C. 1413(a)(12), the State
6 Planning Council described in s. 124 of the Developmental
7 Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s.
8 6024, and the state mental-health planning council established
9 under s. 1916(e) of the Public Health Service Act, 42 U.S.C.
10 300x-4(e).
11 6. Advise the department and division and provide for
12 coordination and the establishment of working relationships
13 among the department, the division, the Independent Living
14 Council, and centers for independent living in the state.
15 7. Perform such other functions consistent with the
16 purposes of the act which the council determines to be
17 appropriate and which are comparable to functions performed by
18 the council.
19 (i) The council shall prepare, in conjunction with the
20 division, a plan for providing such resources, including such
21 staff and other personnel, as are necessary to carry out the
22 functions of the council. The resource plan must, to the
23 maximum extent possible, rely on the use of resources in
24 existence during the period of implementation of the plan.
25 2. If there is a disagreement between the council and
26 the division with respect to the resources necessary to carry
27 out the functions of the council as set forth in this section,
28 the Governor shall resolve the disagreement.
29 3. The council shall, consistent with law, supervise
30 and evaluate such staff and other personnel as are necessary
31 for carrying out its functions.
5
8:10 AM 03/05/98 s0136c-32j01
SENATE AMENDMENT
Bill No. SB 136
Amendment No.
1 4. While assisting the council in carrying out its
2 duties, staff and other personnel may not be assigned, by the
3 division or by any other state agency or office, to perform
4 duties that would create a conflict of interest.
5 (j) A council member may not cast a vote on any matter
6 if a favorable vote of the council on that matter would
7 provide financial advantage to that member or if it appears
8 that, under state law, the member has a conflict of interest
9 in that matter.
10 (k) The council shall convene at least four meetings
11 each year. These meetings must occur in such places as the
12 council considers necessary for the conduct of council
13 business. The council may conduct such forums or hearings as
14 the council considers appropriate. The meetings, hearings, and
15 forums must be publicly announced and must be open and
16 accessible to the public unless there is a valid reason under
17 s. 119.15 for an executive session. The council shall make a
18 record of each meeting, which must include a record of its
19 discussions and recommendations, and all such records must be
20 made available to the public.
21 (l) The council may reimburse members for reasonable
22 and necessary expenses of attending council meetings and
23 performing council duties, including costs of child care and
24 personal assistance services, as provided in and subject to s.
25 112.061. The council may pay reasonable compensation to a
26 member of the council, if the member is not employed or must
27 forfeit wages from other employment, for each day the member
28 is engaged in performing the duties of the council. The
29 council shall be advisory to the director of the Division of
30 Blind Services, and the division shall provide necessary staff
31 assistance to the council. The council shall consist of nine
6
8:10 AM 03/05/98 s0136c-32j01
SENATE AMENDMENT
Bill No. SB 136
Amendment No.
1 members appointed by the Secretary of Labor and Employment
2 Security. At least three members shall be blind persons.
3 Appointment shall be for terms of 4 years. No person or
4 persons in the employ of the state shall be eligible for
5 membership on the council. Each member of the council shall
6 have been a citizen and elector of this state for not less
7 than 5 years immediately preceding the date of his or her
8 appointment. Council members may be replaced because of poor
9 attendance or lack of participation in the work of the
10 council. A vacancy shall be filled for the remainder of the
11 unexpired term in the same manner as an initial appointment.
12 The members shall elect from among the membership a
13 chairperson and a vice chairperson who shall each serve for a
14 term of 1 year. No member shall be elected to consecutive
15 terms as chairperson. Members shall receive no compensation
16 for their services, but shall be reimbursed for travel
17 expenses as provided in s. 112.061. The council shall meet at
18 the call of its chairperson, at the request of a majority of
19 its membership, at the request of the division, or at such
20 times as may be prescribed by its rules.
21
22 (Redesignate subsequent sections.)
23
24
25 ================ T I T L E A M E N D M E N T ===============
26 And the title is amended as follows:
27 On page 1, line 2, delete that line
28
29 and insert:
30 An act relating to services for the blind;
31 amending s. 413.011, F.S.; providing
7
8:10 AM 03/05/98 s0136c-32j01
SENATE AMENDMENT
Bill No. SB 136
Amendment No.
1 definitions; providing the composition of the
2 council; providing for appointments to the
3 council; providing for terms of council
4 members; providing functions of the council;
5 providing for a plan of resources; providing
6 for staff; providing for forums and hearings;
7 providing for open meetings, with exceptions as
8 specified; providing for the reimbursement of
9 members' expenses; providing for the
10 compensation of members, in specified
11 circumstances;
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
8
8:10 AM 03/05/98 s0136c-32j01