Senate Bill 0114e1

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    SB 114                                   First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to the Florida Independent

  3         Living Council; amending s. 413.395, F.S.;

  4         authorizing the Florida Independent Living

  5         Council to incorporate as a corporation not for

  6         profit; allowing an increase in the number of

  7         its members; amending prerequisites to the

  8         Governor's appointment of council members;

  9         providing an effective date.

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

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13         Section 1.  Section 413.395, Florida Statutes, is

14  amended to read:

15         413.395  Florida Independent Living Council.--

16         (1)  There is created the Florida Independent Living

17  Council to assist the division and the Division of Blind

18  Services of the Department of Labor and Employment Security,

19  as well as other state agencies and local planning and

20  administrative entities assisted under Title VII of the act,

21  in the expansion and development of statewide independent

22  living policies, programs, and concepts and to recommend

23  improvements for such programs and services. To ensure

24  consistency with the provisions of the act, as amended, The

25  Florida Independent Living council shall function

26  independently of the division and, unless the council elects

27  to incorporate as a not-for-profit corporation, is shall be

28  assigned to the division for administrative purposes only. The

29  council may elect to be incorporated as a Florida corporation

30  not for profit and, upon such election, shall be assisted in

31  the incorporation by the division for the purposes stated in


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    SB 114                                   First Engrossed (ntc)



  1  this section. The appointed members of the council may

  2  constitute the board of directors for the corporation.

  3         (2)  The council shall consist of a minimum of 14

  4  members, excluding ex officio, nonvoting members. The members

  5  of the council shall be appointed by the Governor after

  6  soliciting recommendations from the council secretary.

  7         (3)  The council shall include:

  8         (a)  At least one director of a center for independent

  9  living who is chosen by the directors of centers for

10  independent living within the state.

11         (b)  As ex officio, nonvoting members:

12         1.  A representative from the division.

13         2.  A representative from the Division of Blind

14  Services.

15         3.  Representatives from other state agencies that

16  provide services to persons who have disabilities.

17         (4)  The council may include:

18         (a)  Other representatives from centers for independent

19  living.

20         (b)  Parents and guardians of persons who have

21  disabilities.

22         (c)  Advocates of and for persons who have

23  disabilities.

24         (d)  Representatives from private businesses.

25         (e)  Representatives from organizations that provide

26  services for persons who have disabilities.

27         (f)  Other appropriate individuals.

28         (5)  Total membership on the council, excluding ex

29  officio, nonvoting members, shall not exceed 14 at any one

30  time.

31         (5)(6)  The council shall be composed of members:


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    SB 114                                   First Engrossed (ntc)



  1         (a)  Who provide statewide representation.

  2         (b)  Who represent a broad range of persons who have

  3  disabilities.

  4         (c)  Who are knowledgeable about centers for

  5  independent living and independent living services.

  6         (d)  A majority of whom are:

  7         1.  Persons who have disabilities.

  8         2.  Not employed by any state agency or center for

  9  independent living.

10         (6)(7)  The council shall select a chairperson from

11  among the membership of the council.

12         (7)(8)  Each member of the council shall serve for a

13  term of 3 years, except that:

14         (a)  A member appointed to fill a vacancy occurring

15  prior to the expiration of the term for which the predecessor

16  was appointed shall be appointed for the remainder of such

17  term.

18         (b)  The terms of service of the members initially

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

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

21  terms on a staggered basis.

22         (c)  No member of the council may serve more than two

23  consecutive full terms.

24         (8)(9)  Any vacancy occurring in the membership of the

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

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

27  remaining members to execute the duties of the council.

28         (9)(10)  The chairperson of the council shall also

29  serve as a member of the Florida Rehabilitation Advisory

30  Council.

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    SB 114                                   First Engrossed (ntc)



  1         (10)(11)  The council may meet at the call of the

  2  chairperson, at the joint request of the division and the

  3  Division of Blind Services, or at such times as may be

  4  prescribed by rule, but not less than twice each calendar

  5  year. The council shall make a report of each meeting, which

  6  shall include a record of its discussions and recommendations.

  7  The division and the Division of Blind Services shall make

  8  such reports available to the public.

  9         (11)(12)  The council shall:

10         (a)  Jointly develop and submit, in conjunction with

11  the division, the state plan for independent living.

12         (b)  Monitor, review, and evaluate the implementation

13  of the state plan for independent living.

14         (c)  Coordinate activities with the Florida

15  Rehabilitation Advisory Council and other councils that

16  address the needs of specific disability populations and

17  issues under other federal law.

18         (d)  Ensure that all regularly scheduled meetings of

19  the council are open to the public with sufficient advance

20  notice.

21         (e)  Submit to the commissioner such periodic reports

22  as the commissioner may reasonably request and keep such

23  records, and afford access to such records, as the

24  commissioner finds necessary to verify such reports.

25         Section 2.  This act shall take effect July 1, 1999.

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