CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Business Development & International Trade

12  offered the following:

13

14         Amendment (with title amendment) 

15  remove from the bill:  everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Subsections (4) and (6), of section 20.15,

19  Florida Statutes, are amended, paragraph (j) is added to

20  subsection (3) of said section, and paragraph (d) is added to

21  subsection (5) of said section, to read:

22         20.15  Department of Education.--There is created a

23  Department of Education.

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

25  Department of Education are established:

26         (j)  Division of Occupational Access and Opportunity.

27         (4)  DIRECTORS.--The Board of Regents is the director

28  of the Division of Universities, the Occupational Access and

29  Opportunity Commission is the director of the Division of

30  Occupational Access and Opportunity, and the State Board of

31  Community Colleges is the director of the Division of

                                  1

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  Community Colleges, pursuant to chapter 240.  The directors of

 2  all other divisions shall be appointed by the commissioner

 3  subject to approval by the state board.

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

 5  and the Commissioner of Education:

 6         (d)  Shall assign to the Division of Occupational

 7  Access and Opportunity such powers, duties, responsibilities,

 8  and functions as are necessary to ensure the coordination,

 9  efficiency, and effectiveness of its programs, including, but

10  not limited to, vocational rehabilitation and independent

11  living services to persons with disabilities funded under the

12  federal Rehabilitation Act of 1973, as amended, except those

13  duties specifically assigned to the Division of Blind Services

14  of the Department of Management Services in chapter 413; those

15  duties specifically assigned to the Commissioner of Education

16  in ss. 229.512 and 229.551; those duties concerning physical

17  facilities in chapter 235; those duties assigned to the State

18  Board of Community Colleges in chapter 240; and those duties

19  assigned to the Division of Workforce Development in chapter

20  239. Effective January 1, 2001, the Occupational Access and

21  Opportunity Commission shall assume all responsibilities

22  necessary to be the designated state agency for purposes of

23  compliance with the Rehabilitation Act of 1973, as amended.

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

25  contained in law to the contrary, the Commissioner of

26  Education shall appoint all members of all councils and

27  committees of the Department of Education, except the Board of

28  Regents, the State Board of Community Colleges, the community

29  college district boards of trustees, the Postsecondary

30  Education Planning Commission, the Education Practices

31  Commission, the Education Standards Commission, the State

                                  2

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  Board of Independent Colleges and Universities, the

 2  Occupational Access and Opportunity Commission, the Florida

 3  Rehabilitation Council, the Florida Independent Living

 4  Council, and the State Board of Nonpublic Career Education.

 5         Section 2.  Subsection (16) is added to section 120.80,

 6  Florida Statutes, to read:

 7         120.80  Exceptions and special requirements;

 8  agencies.--

 9         (16)  OCCUPATIONAL ACCESS AND OPPORTUNITY

10  COMMISSION.--Notwithstanding s. 120.57(1)(a), hearings

11  concerning determinations by the Occupational Access and

12  Opportunity Commission on eligibility, plans of services, or

13  closure need not be conducted by an administrative law judge

14  assigned by the division. The commission may choose to

15  contract with some other appropriate resource in these

16  matters.

17         Section 3.  Section 413.82, Florida Statutes, is

18  amended to read:

19         413.82  Definitions.--As used in ss. 413.81-413.93, the

20  term:

21         (1)  "Commission" means the Commission on Occupational

22  Access and Opportunity.

23         (2)  "Community rehabilitation provider" means a

24  provider of services to people in a community setting that has

25  as its primary function services directed toward employment

26  outcomes for people with disabilities.

27         (3)(2)  "Corporation" means the Occupational Access and

28  Opportunity Corporation.

29         (4)(3)  "Division" means the Division of Occupational

30  Access and Opportunity Vocational Rehabilitation.

31         (5)(4)  "Plan" "Office" means the plan required by ss.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  413.81-413.93 Executive Office of the Governor.

 2         (6)(5)  "State plan" "Plan" means the state plan for

 3  vocational rehabilitation required by Title I of the federal

 4  Rehabilitation Act of 1973, as amended, and ss. 413.81-413.93.

 5         (7)(6)  "Region" means a service area for a regional

 6  workforce development board established by the Workforce

 7  Development Board.

 8         Section 4.  Subsections (2), (3), (6), (7), (8), and

 9  (10) of section 413.83, Florida Statutes, are amended to read:

10         413.83  Occupational Access and Opportunity Commission;

11  creation; purpose; membership.--

12         (2)  The commission shall consist of 16 voting members,

13  including 15 members appointed, as provided herein, by the

14  Governor, the President of the Senate, and the Speaker of the

15  House of Representatives, and four ex officio, nonvoting

16  members. Notwithstanding any other law to the contrary,

17  appointment of members is not subject to confirmation by the

18  Senate. A majority of the membership of the commission must be

19  individuals who are familiar with the process and laws that

20  affect vocational rehabilitation services and must be

21  individuals with disabilities, parents or family members of

22  individuals with disabilities, or advocates for individuals

23  with disabilities. The membership of the commission may not

24  include more than two individuals who are, or are employed by,

25  community rehabilitation providers who contract to provide

26  vocational rehabilitation services to individuals who qualify

27  for the program. The commission must contain a minimum of 50

28  percent representation from the private sector. The members of

29  the commission shall include:

30         (a)  The Commissioner of Education, or his or her

31  designee, who shall serve as chair until January 1, 2001;

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  after January 1, 2001, the commission shall elect a chair from

 2  its membership;

 3         (b)  Eight employers from the private sector, three of

 4  whom shall be appointed by the Governor for a term of four

 5  years, three of whom shall be appointed by the President of

 6  the Senate for a term of 4 years, and two of whom shall be

 7  appointed by the Speaker of the House of Representatives for a

 8  term of 4 years;

 9         (c)  An individual who is a consumer of vocational

10  rehabilitation services, who shall be appointed by the

11  Governor for a term of four years;

12         (d)  A community rehabilitation provider who contracts

13  to provide vocational rehabilitation services to individuals

14  who qualify for the program and who shall be appointed by the

15  Governor for a term of 4 years;

16         (e)  Five representatives of business, workforce

17  development, education, state government, local government, a

18  consumer advocate group, or a community organization, three of

19  whom shall be appointed by the Governor for a term of four

20  years, one of whom shall be appointed by the President of the

21  Senate for a term of 4 years, and one of whom shall be

22  appointed by the Speaker of the House of Representatives for a

23  term of 4 years; and

24         (f)  As ex officio, nonvoting members:

25         1.  The executive director or his or her designee from

26  the Advocacy Center for Persons with Disabilities;

27         2.(b)  The chair of the Florida Rehabilitation Council;

28         3.(c)  The chair of the Council for Independent Living;

29  and

30         4.(d)  The chair of the Commission for the Purchase

31  from the Blind or Other Severely Handicapped.;

                                  5

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1         (e)  A community rehabilitation provider who contracts

 2  to provide vocational rehabilitation services to individuals

 3  who qualify for the program, who shall be appointed by the

 4  Governor for a term of 4 years;

 5         (f)  A representative from the Advocacy Center for

 6  Persons With Disabilities, who shall be appointed by the

 7  President of the Senate for a term of 4 years;

 8         (g)  A consumer of vocational rehabilitation services,

 9  who shall be appointed by the Speaker of the House of

10  Representatives for a term of 4 years; and

11         (h)  Other individuals with disabilities and

12  representatives of business, workforce development, education,

13  state government, local government, consumer advocate groups,

14  employers of individuals with disabilities, or community

15  organizations.

16         (3)  By September 1, 2000, after receiving

17  recommendations from the commission, the Governor, the

18  President of the Senate, and the Speaker of the House of

19  Representative shall consult together and take such actions

20  necessary to bring the membership of the commission into

21  compliance with the requirements of this section. In taking

22  such action, initial terms shall be staggered as necessary to

23  ensure that of the terms of no more than one-fourth of the

24  commission's total appointed membership shall expire in any

25  1-year period. Initially, the Governor, the President of the

26  Senate, and the Speaker of the House of Representatives shall

27  each appoint as members meeting the qualifications contained

28  in paragraph (2)(h), one member for a term of 3 years, one

29  member for a term of 2 years, and one member for a term of 1

30  year. Thereafter, after receiving recommendations from the

31  commission, the Governor, the President of the Senate, and the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  Speaker of the House of Representatives shall appoint all

 2  members for terms of 4 years. Any vacancy shall be filled by

 3  appointment by the original appointing authority for the

 4  unexpired portion of the term by a person who possesses the

 5  proper qualifications for the vacancy.

 6         (6)  The Governor shall name the chair of the

 7  commission from its appointed members. The commission shall

 8  biennially elect one of its members as vice chair, who shall

 9  preside in the absence of the chair. Neither the chair, nor

10  the vice chair, may be a provider of client services funded

11  through the commission.

12         (7)  The Rehabilitation Council created by s. 413.405

13  shall serve the commission and shall continue to perform its

14  designated duties, with the commission as the designated state

15  vocational rehabilitation agency, effective January 1, 2001.

16  The commission shall consider the recommendations made by the

17  council.

18         (8)  The commission may appoint advisory committees

19  that the commission considers appropriate, which may include

20  members from outside the commission to study special problems

21  or issues and advise the commission on those subjects. The

22  commission shall establish an advisory council composed of

23  representatives from not-for-profit organizations that have

24  submitted a resolution requesting membership and have had the

25  request approved by the commission. Any existing advisory

26  board, commission, or council may seek to become an official

27  advisory committee to the commission by submitting to the

28  commission a resolution requesting affiliation and having the

29  request approved by the commission.  The commission shall

30  establish the operating procedures of the committees.

31         (10)  The members of the commission may rely on and are

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  subject to are entitled to be reimbursed for reasonable and

 2  necessary expenses of attending meetings and performing

 3  commission duties, including per diem and travel expenses, and

 4  for personal care attendants and interpreters needed by

 5  members during meetings, as provided in s. 413.273.

 6         Section 5.  Section 413.84, Florida Statutes, is

 7  amended to read:

 8         413.84  Powers and duties.--The commission:

 9         (1)  Effective July 1, 2000, shall serve as the

10  director of the Division of Occupational Access and

11  Opportunity of the Department of Education.

12         (2)  Is responsible for establishing policy, planning,

13  and quality assurance for the programs funded and assigned to

14  the division, including, but not limited to, vocational

15  rehabilitation and independent living services to persons with

16  disabilities funded under the federal Rehabilitation Act of

17  1973, as amended, in a coordinated, efficient, and effective

18  manner.

19         (3)  Has authority to adopt rules pursuant to ss.

20  120.536(1) and 120.54 to implement provisions of law

21  conferring duties upon it. Such rules and policies shall be

22  submitted to the State Board of Education for approval. If any

23  rule is not disapproved by the State Board of Education within

24  45 days after its receipt by the State Board of Education, the

25  rule shall be filed immediately with the Department of State.

26  Effective January 1, 2001, rules adopted by the commission do

27  not require approval by the State Board of Education.

28         (4)  Shall, in consultation with the Commissioner of

29  Education, hire a division director to be responsible to the

30  commission for operation and maintenance of the programs

31  funded and assigned to the division.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1         (5)(1)  Shall, no later than January July 1, 2001 2000,

 2  after consulting with stakeholders and holding public

 3  hearings, develop and implement a 5-year plan to promote

 4  occupational access and opportunities for Floridians with

 5  disabilities, and to fulfill the federal plan requirements.

 6  The plan must be submitted to the Governor, the President of

 7  the Senate, and the Speaker of the House of Representatives.

 8  The commission may make amendments annually to the plan, which

 9  must be submitted to the Governor, the President of the

10  Senate, and the Speaker of the House of Representatives by the

11  first of January.

12         (a)  The plan must explore the use of Individual

13  Training Accounts, as described in the federal Workforce Act

14  of 1998, Pub. L. No. 105-220, for eligible clients. If

15  developed, these accounts must be distributed under a written

16  memorandum of understanding with One-Stop Career Center

17  operators.

18         (b)  The plan must include an emergency response

19  component to address economic downturns.

20         (c)  The plan must designate an administrative entity

21  that will support the commission's work; provide technical

22  assistance, training, and capacity-building assistance; help

23  raise additional federal, state, and local funds; and promote

24  innovative contracts that upgrade or enhance direct services

25  to Floridians with disabilities.

26         (d)  The plan must require that the commission enter

27  into cooperative agreements with community-based

28  rehabilitation programs by workforce region to be the service

29  providers for the program; however, state career service

30  employees shall provide all services that may not be delegated

31  under mandated by federal law. The commission shall, as

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  rapidly as is feasible, increase the amount of such services

 2  provided by community-based rehabilitation programs. The plan

 3  must incorporate, to the maximum extent allowed by federal and

 4  state law and regulation, all available funds for such

 5  purposes. Funds and in-kind contributions from community and

 6  private sources shall be used to enhance federal and state

 7  resources.

 8         (e)  The plan must include recommendations regarding

 9  specific performance standards and measurable outcomes, and

10  must outline procedures for monitoring operations of the

11  Occupational Access and Opportunity Corporation established

12  pursuant to s. 413.85, and the division, commission and the

13  operations of all providers of services under contract to the

14  commission designated administrative entity's operations to

15  ensure that performance data is maintained and supported by

16  records of such entities. The commission shall consult with

17  the Office of Program Policy Analysis and Government

18  Accountability in the establishment of performance standards,

19  measurable outcomes, and monitoring procedures.

20         (6)(2)  Notwithstanding the provisions of part I of

21  chapter 287, shall contract, no later than July 1, 2000, with

22  the corporation administrative entity designated in the plan

23  to execute the services, functions, and programs prescribed in

24  the plan. The commission shall serve as contract

25  administrator. If approved by the federal Department of

26  Education, the administrative entity may be a direct-support

27  organization. The commission shall define the terms of the

28  contract.

29         (7)(3)  Shall work with the employer community to

30  better define, address, and meet its business needs with

31  qualified Floridians with disabilities.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1         (8)(4)  Is responsible for the prudent use of all

 2  public and private funds provided for the commission's use,

 3  ensuring that the use of all funds is in accordance with all

 4  applicable laws, bylaws, and contractual requirements.

 5         (9)(5)  Shall develop an operational structure to carry

 6  out the plan developed by the commission.

 7         (10)(6)  May appear on its own behalf before the

 8  Legislature, boards, commissions, departments, or other

 9  agencies of municipal, county, state, or Federal Government.

10         (11)(7)  In the performance of its duties, may

11  undertake or commission research and studies.

12         (12)(8)  Shall develop a budget, which is in keeping

13  with the plan, for the operation and activities of the

14  commission and functions of its designated administrative

15  entity. The budget shall be submitted to the Governor for

16  inclusion in the Governor's budget recommendations.

17         (13)(9)  May assign staff from the office or division

18  to assist in implementing the provisions of this act relating

19  to the Occupational Access and Opportunity Commission.

20         Section 6.  Subsections (1), (3), and (4) of section

21  413.85, Florida Statutes, are amended to read:

22         413.85  Occupational Access and Opportunity

23  Corporation; use of property; board of directors; duties;

24  audit.--

25         (1)  ESTABLISHMENT.--If the commission elects to

26  contract with an organization to provide services designate a

27  direct-support organization as its administrative entity, such

28  organization shall be designated the Occupational Access and

29  Opportunity Corporation:

30         (a)  Which is a corporation not for profit, as defined

31  in s. 501(c)(6) of the Internal Revenue Code of 1986, as

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  amended, and is incorporated under the provisions of chapter

 2  617 and approved by the Department of State.

 3         (b)  Which is organized and operated exclusively to

 4  carry out such activities and tasks as request, receive, hold,

 5  invest, and administer property and to manage and make

 6  expenditures for the operation of the activities, services,

 7  functions, and programs of the provisions of this act relating

 8  to the Occupational Access and Opportunity Commission assigns

 9  through contract.

10         (c)  Which the commission, after review, has certified

11  to be operating in a manner consistent with the policies and

12  goals of the commission and the plan.

13         (d)  Which shall not be considered an agency for the

14  purposes of chapters 120, and 216, and 287; ss. 255.25 and

15  255.254, relating to leasing of buildings; ss. 283.33 and

16  283.35, relating to bids for printing; s. 215.31; and parts IV

17  through VIII of chapter 112.

18         (e)  Which shall be subject to the provisions of

19  chapter 119, relating to public records;, and the provisions

20  of chapter 286, relating to public meetings; and s. 768.28,

21  relating to sovereign immunity, as a corporation primarily

22  acting as an instrumentality of this state.

23         (3)  BOARD OF DIRECTORS.--The board of directors of the

24  corporation shall be composed of no less than 7 and no more

25  than 15 members, appointed by the commission, a majority of

26  which must be appointed from its own membership. The vice

27  chair of the commission shall serve as chair of the

28  corporation's board of directors.

29         (4)  POWERS AND DUTIES.--The corporation, in the

30  performance of its duties:

31         (a)  May make and enter into contracts and assume such

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  other functions as are necessary to carry out the provisions

 2  of the plan and the corporation's contract with the commission

 3  which are not inconsistent with this or any other provision of

 4  law.

 5         (b)  May develop a program to leverage the existing

 6  federal and state funding and to provide upgraded or expanded

 7  services to Floridians with disabilities, if directed by the

 8  commission.

 9         (c)  May commission and adopt, in cooperation with the

10  commission, an official business name and logo to be used in

11  all promotional materials directly produced by the

12  corporation.

13         (d)  May The corporation shall establish cooperative

14  and collaborative memoranda of understanding with One-Stop

15  Career Center operators to increase, upgrade, or expand

16  services to Floridians with disabilities who are seeking

17  employment and self-sufficiency.

18         (e)  May hire any individual who, as of June 30, 2000,

19  is employed by the Division of Vocational Rehabilitation. Such

20  hiring may be done through a lease agreement program

21  established by the Department of Management Services for the

22  corporation. Under such agreement, the employee shall retain

23  his or her status as a state employee but shall work under the

24  direct supervision of the corporation. Retention of state

25  employee status shall include the right to participate in the

26  Florida Retirement System. The Department of Management

27  Services shall establish the terms and conditions of such

28  lease agreements.

29         Section 7.  Section 413.86, Florida Statutes, is

30  amended to read:

31         413.86  Public-private partnerships.--The Division of

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  Occupational Access and Opportunity Vocational Rehabilitation

 2  will enter into local public-private partnerships to the

 3  extent that it is beneficial to increasing employment outcomes

 4  for persons with disabilities and ensuring their full

 5  involvement in the comprehensive workforce investment system.

 6         Section 8.  Paragraph (c) of subsection (2) of section

 7  413.87, Florida Statutes, is amended to read:

 8         413.87  Annual audit.--

 9         (2)  The corporation shall provide to the commission a

10  quarterly report that:

11         (c)  Measures progress towards annual goals and

12  objectives set forth in the contract commission's plan;

13         Section 9.  Paragraph (c) of subsection (1) and

14  subsection (2) of section 413.88, Florida Statutes, are

15  amended to read:

16         413.88  Annual report of the Occupational Access and

17  Opportunity Commission; audits.--

18         (1)  Before January 1 of each year, the commission

19  shall submit to the Governor, the President of the Senate, and

20  the Speaker of the House of Representatives a complete and

21  detailed report setting forth for itself and its designated

22  administrative entity:

23         (c)  The assets and liabilities of the corporation

24  designated administrative entity at the end of its most recent

25  fiscal year.

26         (2)  The Auditor General may, pursuant to his or her

27  own authority or at the direction of the Legislative Auditing

28  Committee, conduct an audit of the commission or the

29  corporation established pursuant to s. 413.85 its designated

30  administrative entity.

31         Section 10.  Section 413.89, Florida Statutes, is

                                  14

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  amended to read:

 2         413.89  State vocational rehabilitation plan;

 3  preparation and submittal; administration.--Effective January

 4  1, 2001 Upon appointment, the Occupational Access and

 5  Opportunity Commission is authorized to prepare and submit the

 6  federally required state vocational rehabilitation plan and to

 7  serve as the governing authority of programs administered by

 8  the commission, including, but not limited to: administering

 9  the state's plan under the Rehabilitation Act of 1973, as

10  amended; receiving federal funds as the state vocational

11  rehabilitation agency; directing the expenditure of

12  legislative appropriations for rehabilitative services through

13  its designated administrative entity or other agents; and, if

14  necessary, making any changes to the plan that the commission

15  considers necessary to maintain compliance with the federal

16  Rehabilitation Act of 1973, as amended, and implementing such

17  changes in order to continue to qualify and maintain federal

18  funding support. During the period of time between July 1,

19  2000, and January 1, 2001, the department and the appointment

20  of the commission and the designation of the administrative

21  entity, the commission and the division may, by agreement,

22  provide for continued administration consistent with federal

23  and state law.

24         Section 11.  Section 413.90, Florida Statutes, is

25  amended to read:

26         413.90  Designation of state administrative entity for

27  purposes of compliance.--Effective July 1, 2000, the

28  Department of Education is the designated state agency and the

29  Division of Occupational Access and Opportunity is the

30  designated state unit for purposes of compliance with the

31  federal Rehabilitation Act of 1973, as amended. Effective

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  January 1, 2001, the Occupational Access and Opportunity

 2  Commission is the designated state agency for purposes of

 3  compliance with the Rehabilitation Act of 1973, as amended.

 4  Effective July 1, 2000, the Division of Vocational

 5  Rehabilitation The division must comply with the transitional

 6  direction of the plan. If the commission designates an

 7  administrative entity other than the division, all powers,

 8  duties, and functions of and all related records, property,

 9  and equipment and all contractual rights, obligations of, and

10  unexpended balances of appropriations and other funds or

11  allocations of the division's component programs of the

12  Department of Labor and Employment Security shall be

13  transferred to the Department of Education by a type two

14  transfer commission as provided in the plan, pursuant to s.

15  20.06(2) and shall become the Division of Occupational Access

16  and Opportunity. By October 1, 2000, the commission, acting as

17  the director of the division, must reduce the number of

18  positions within the division to no more than 700, inclusive

19  of those positions leased by the corporation. These positions

20  may be filled by former employees of the Division of

21  Vocational Rehabilitation. By January 31, 2001, the division

22  must reduce the number of positions to no more than 400. In

23  the event that unforeseen transition activities occur in

24  moving service delivery from division employees to community

25  rehabilitation providers and create situations negatively

26  affecting client services, and the remedy to those temporary

27  situations would require more than 400 positions, the division

28  may request a budget amendment to retain positions. The

29  request must provide full justification for the continuation

30  and include the number of positions and duration of time

31  required. In no instance shall the time required exceed 3

                                  16

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  months. Notwithstanding the provisions of s. 110.227, if a

 2  layoff becomes necessary with respect to the Division of

 3  Occupational Access and Opportunity, the competitive area

 4  identified for such layoff shall not include any other

 5  division of the Department of Education. The Department of

 6  Labor and Employment Security shall assist the commission in

 7  carrying out the intent of this chapter and achieving an

 8  orderly transition. The Office of Planning and Budget shall

 9  submit the necessary budget amendments to the Legislature in

10  order to bring the budget into compliance with the plan.

11         Section 12.  Section 413.91, Florida Statutes, is

12  amended to read:

13         413.91  Service providers; quality assurance and

14  fitness for responsibilities.--The Occupational Access and

15  Opportunity Commission shall assure that all contractors the

16  designated administrative entity and providers of direct

17  service maintain an internal system of quality assurance, have

18  proven functional systems, and are subject to a due-diligence

19  inquiry for their fitness to undertake service

20  responsibilities regardless of whether a contract for services

21  is competitively or noncompetitively procured.

22         Section 13.  Section 413.92, Florida Statutes, is

23  amended to read:

24         413.92  Conflict of laws.--It is the intent of the

25  Legislature that the provisions of this act relating to the

26  Occupational Access and Opportunity Commission not conflict

27  with any federal statute or implementing regulation governing

28  federal grant-in-aid programs administered by the division or

29  the commission. Whenever such a conflict is asserted by the

30  applicable agency of the Federal Government, until October 1,

31  2000, the department, and after October 1, 2000, the

                                  17

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  commission shall submit to the federal Department of

 2  Education, or other applicable federal agency, a request for a

 3  favorable policy interpretation of the conflicting portions.

 4  If the request is approved, as certified in writing by the

 5  secretary of the federal Department of Education, or the head

 6  of the other applicable federal agency, the commission or the

 7  division is authorized to make the adjustments in the plan

 8  which are necessary for achieving conformity to federal

 9  statutes and regulations. Before making such adjustments, the

10  commission or the division shall provide to the President of

11  the Senate and the Speaker of the House of Representatives an

12  explanation and justification of the position of the division

13  or the commission and shall outline all feasible alternatives

14  that are consistent with this section. These alternatives may

15  include the state supervision of local service agencies by the

16  commission or the division if the agencies are designated by

17  the Governor.

18         Section 14.  Paragraph (a) of subsection (1) of section

19  410.0245, Florida Statutes, is amended to read:

20         410.0245  Study of service needs; report; multiyear

21  plan.--

22         (1)(a)  The Aging and Adult Services Program Office of

23  the Department of Children and Family Services shall contract

24  for a study of the service needs of the 18-to-59-year-old

25  disabled adult population served or waiting to be served by

26  the community care for disabled adults program.  The Division

27  of Occupational Access and Opportunity Vocational

28  Rehabilitation of the Department of Education Labor and

29  Employment Security and other appropriate state agencies shall

30  provide information to the Department of Children and Family

31  Services when requested for the purposes of this study.

                                  18

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1         Section 15.  Subsection (2) of section 410.604, Florida

 2  Statutes, is amended to read:

 3         410.604  Community care for disabled adults program;

 4  powers and duties of the department.--

 5         (2)  Any person who meets the definition of a disabled

 6  adult pursuant to s. 410.603(2) is eligible to receive the

 7  services of the community care for disabled adults program.

 8  However, the community care for disabled adults program shall

 9  operate within the funds appropriated by the Legislature.

10  Priority shall be given to disabled adults who are not

11  eligible for comparable services in programs of or funded by

12  the department or the Division of Occupational Access and

13  Opportunity Vocational Rehabilitation of the Department of

14  Education Labor and Employment Security; who are determined to

15  be at risk of institutionalization; and whose income is at or

16  below the existing institutional care program eligibility

17  standard.

18         Section 16.  Subsection (1) of section 413.034, Florida

19  Statutes, is amended to read:

20         413.034  Commission established; membership.--

21         (1)  There is created within the Department of

22  Management Services the Commission for Purchase from the Blind

23  or Other Severely Handicapped, to be composed of the secretary

24  of the Department of Management Services; the director of the

25  Division of Occupational Access and Opportunity Vocational

26  Rehabilitation of the Department of Education Labor and

27  Employment Security, who shall be an ex officio member with

28  voting rights; the director of the Division of Blind Services

29  of the Department of Management Services Labor and Employment

30  Security; and four members to be appointed by the Governor,

31  which four members shall be an executive director of a

                                  19

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  nonprofit agency for the blind, an executive director of a

 2  nonprofit agency for other severely handicapped persons, a

 3  representative of private enterprise, and a representative of

 4  other political subdivisions. All appointed members shall

 5  serve for terms of 4 years.  Appointed commission members

 6  shall serve subject to confirmation by the Senate.

 7         Section 17.  Subsection (7) of section 413.20, Florida

 8  Statutes, is amended to read:

 9         413.20  Definitions.--As used in this part, the term:

10         (7)  "Division" means the Division of Occupational

11  Access and Opportunity Vocational Rehabilitation of the

12  Department of Education Labor and Employment Security.

13         Section 18.  Subsection (1) of section 413.445, Florida

14  Statutes, is amended to read:

15         413.445  Recovery of third-party payments for

16  vocational rehabilitation and related services.--

17         (1)  As used in this section, "vocational

18  rehabilitation and related services" means any services which

19  are provided or paid for by the Division of Occupational

20  Access and Opportunity Vocational Rehabilitation of the

21  Department of Education Labor and Employment Security.

22         Section 19.  Subsection (5) and paragraph (b) of

23  subsection (7) of section 413.615, Florida Statutes, are

24  amended to read:

25         413.615  Florida Endowment for Vocational

26  Rehabilitation.--

27         (5)  THE FLORIDA ENDOWMENT FOUNDATION FOR VOCATIONAL

28  REHABILITATION.--The Florida Endowment Foundation for

29  Vocational Rehabilitation is hereby created as a

30  direct-support organization of the Division of Occupational

31  Access and Opportunity of the Department of Education

                                  20

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  Vocational Rehabilitation, to encourage public and private

 2  support to enhance vocational rehabilitation and employment of

 3  citizens who are disabled. As a direct-support organization,

 4  the foundation shall operate under contract with the division

 5  and shall:

 6         (a)  Be a Florida corporation not for profit

 7  incorporated under the provisions of chapter 617 and approved

 8  by the Department of State.

 9         (b)  Be organized and operated exclusively to raise

10  funds; to submit requests and receive grants from the Federal

11  Government, the state, private foundations, and individuals;

12  to receive, hold, and administer property; and to make

13  expenditures to or for the benefit of the rehabilitation

14  programs approved by the board of directors of the foundation.

15         (c)  Be approved by the division to be operating for

16  the benefit and best interest of the state.

17         (7)  CONFIDENTIALITY.--

18         (b)  Records relating to clients of or applicants to

19  the Division of Occupational Access and Opportunity Vocational

20  Rehabilitation that come into the possession of the foundation

21  and that are confidential by other provisions of law are

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

23  and s. 24(a), Art. I of the State Constitution, and may not be

24  released by the foundation.  Portions of meetings of the

25  Florida Endowment Foundation for Vocational Rehabilitation

26  during which the identities of such clients of or applicants

27  to the Division of Occupational Access and Opportunity

28  Vocational Rehabilitation are discussed are exempt from the

29  provisions of s. 286.011 and s. 24(b), Art. I of the State

30  Constitution.

31         Section 20.  Subsection (13) of section 414.065,

                                  21

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  Florida Statutes, is amended to read:

 2         414.065  Work requirements.--

 3         (13)  CONTRACTS FOR VOCATIONAL ASSESSMENTS AND WORK

 4  EVALUATIONS.--Vocational assessments or work evaluations by

 5  the Division of Occupational Access and Opportunity of the

 6  Department of Education Vocational Rehabilitation pursuant to

 7  this section shall be performed under contract with the local

 8  WAGES coalitions.

 9         Section 21.  Section 39 of chapter 99-240, Laws of

10  Florida, is amended to read:

11         Section 39.  Effective July 1, 2000 January 1, 2001,

12  the Division of Blind Services is transferred by a type two

13  transfer as defined in section 20.06(2) 20.06(5), Florida

14  Statutes, from the Department of Labor and Employment Security

15  to the Department of Management Services Education.

16         Section 22.  (1)  It is the intent of the Legislature

17  that the changes made by this act to the rehabilitation system

18  for individuals who are blind, including, but not limited to,

19  the transfer of any policy, program, or administrative

20  responsibility to the Department of Management Services, be

21  accomplished with minimal disruption of services provided to

22  the public and with minimal disruption to consumers. To that

23  end, the Legislature directs all applicable units of state

24  government to contribute to the successful implementation of

25  this act, and the Legislature believes that a transition

26  period between the effective date of this act and July 1,

27  2000, is appropriate and warranted.

28         (2)  The Department of Management Services shall

29  coordinate the development and implementation of a transition

30  plan that supports the implementation of this act. The

31  Department of Management Services and the Department of Labor

                                  22

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  and Employment Security shall cooperate fully in developing

 2  and implementing the plan and shall dedicate the financial and

 3  staff resources that are necessary to implement the plan.

 4         (3)  The Governor shall designate a staff member of the

 5  Office of Planning and Budgeting to serve as the Governor's

 6  primary representative on matters related to implementing this

 7  act and the transition plan required under this section. The

 8  representative shall report to the Governor on the progress

 9  being made in implementing this act and the transition plan,

10  including, but not limited to, any difficulties experienced by

11  the Department of Management Services in securing the full

12  participation and cooperation of applicable state agencies.

13  The representative shall also coordinate the submission of any

14  budget amendments, in accordance with chapter 216, Florida

15  Statutes, that may be necessary to implement this act.

16         Section 23.  Section 413.011, Florida Statutes, is

17  amended to read:

18         413.011  Division of Blind Services, internal

19  organizational structure; Florida Rehabilitation Advisory

20  Council for the Blind Services.--

21         (1)  The internal organizational structure of the

22  Division of Blind Services shall be designed for the purpose

23  of ensuring the greatest possible efficiency and effectiveness

24  of services to the blind and to be consistent with chapter 20.

25  The Division of Blind Services shall plan, supervise, and

26  carry out the following activities, under planning and policy

27  guidance from the Florida Rehabilitation Council for Blind

28  Services:

29         (a)  Implement the provisions of the 5-year strategic

30  plan prepared by the council pursuant to paragraph (3)(a), to

31  provide services to individuals of any age who are blind.

                                  23

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1         (b)(a)  Recommend personnel as may be necessary to

 2  carry out the purposes of this section.

 3         (c)(b)  Cause to be compiled and maintained a complete

 4  register of individuals in the state who are the blind in the

 5  state, which shall describe the condition, cause of blindness,

 6  and capacity for education and industrial training, with such

 7  other facts as may seem to the division to be of value.  Any

 8  information in the register of individuals who are the blind

 9  which, when released, could identify an individual is

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

11         (d)(c)  Inquire into the cause of blindness, inaugurate

12  preventive measures, and provide for the examination and

13  treatment of individuals who are the blind, or those

14  threatened with blindness, for the benefit of such persons,

15  and shall pay therefor, including necessary incidental

16  expenses.

17         (e)(d)  Contract with community-based rehabilitation

18  programs, to the maximum extent allowable under federal law,

19  to assist individuals who are blind in obtaining Aid the blind

20  in finding employment, teach them trades and occupations

21  within their capacities, assist them in disposing of products

22  made by them in home industries, assist them in obtaining

23  funds for establishing enterprises where federal funds

24  reimburse the state, and do such things as will contribute to

25  the efficiency of self-support of individuals who are the

26  blind, including assisting them in obtaining independent

27  living skills necessary for adjustment to blindness.

28         (f)(e)  Establish one or more training schools and

29  workshops for the employment of suitable individuals who are

30  blind persons; make expenditures of funds for such purposes;

31  receive moneys from sales of commodities involved in such

                                  24

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  activities and from such funds make payments of wages,

 2  repairs, insurance premiums and replacements of equipment. All

 3  of the activities provided for in this section may be carried

 4  on in cooperation with private workshops for individuals who

 5  are the blind, except that all tools and equipment furnished

 6  by the division shall remain the property of the state.

 7         (g)(f)  Contract with community-based rehabilitation

 8  programs, to the maximum extent allowable under federal law,

 9  to provide Provide special services and benefits for

10  individuals who are the blind in order to assist them in for

11  developing their social life through community activities and

12  recreational facilities.

13         (h)(g)  Undertake such other activities as may

14  ameliorate the condition of blind citizens of this state who

15  are blind.

16         (i)(h)  Cooperate with other agencies, public or

17  private, especially the Division of the Blind and Physically

18  Handicapped of the Library of Congress and the Division of

19  Library and Information Services of the Department of State,

20  to provide library service to individuals who are the blind

21  and individuals who have other disabilities other handicapped

22  persons as defined in federal law and regulations in carrying

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

24         (j)(i)  Recommend contracts and agreements with

25  federal, state, county, municipal and private corporations,

26  and individuals.

27         (k)(j)  Receive moneys or properties by gift or bequest

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

29  the purposes herein set out, but without authority to bind the

30  state to any expenditure or policy except such as may be

31  specifically authorized by law.  All such moneys or properties

                                  25

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  so received by gift or bequest as herein authorized may be

 2  disbursed and expended by the division upon its own warrant

 3  for any of the purposes herein set forth, and such moneys or

 4  properties shall not constitute or be considered a part of any

 5  legislative appropriation made by the state for the purpose of

 6  carrying out the provisions of this law.

 7         (l)(k)  Prepare and make available to individuals who

 8  are the blind, in braille and on electronic recording

 9  equipment, Florida Statutes chapters 20, 120, 121, and 413, in

10  their entirety.

11         (m)(l)  Adopt by rule procedures necessary to comply

12  with any plans prepared by the council for providing

13  vocational rehabilitation services for individuals who are the

14  blind.

15         (n)(m)  Adopt by rule forms and instructions to be used

16  by the division in its general administration.

17         (2)  As used in this section:

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

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

20  as amended.

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

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

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

24  amended.

25         (c)  "Community-based rehabilitation program" means a

26  provider of services to individuals in a community setting

27  which has, as its primary function, services directed toward

28  individuals of all ages who are blind.

29         (d)  "Council" means the Florida Rehabilitation Council

30  for Blind Services.

31         (e)(c)  "Department" means the Department of Management

                                  26

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  Services Labor and Employment Security.

 2         (f)  "Plan" means the 5-year strategic plan developed

 3  by the council under paragraph (3)(a).

 4         (g)  "State plan" means the vocational rehabilitation

 5  plan required by the federal Rehabilitation Act of 1973, as

 6  amended.

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

 8  Florida Rehabilitation Advisory Council for the Blind

 9  Services. The council shall be established in accordance with

10  the act and must include at least four representatives of

11  private-sector businesses that are not providers of vocational

12  rehabilitation services. Members of the council shall serve

13  without compensation, but may be reimbursed for per diem and

14  travel expenses pursuant to s. 112.061 to assist the division

15  in the planning and development of statewide rehabilitation

16  programs and services, to recommend improvements to such

17  programs and services, and to perform the functions provided

18  in this 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

                                  27

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 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:

                                  28

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





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

16  the act this section, the council shall:

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

18  regarding the performance of the responsibilities of the

19  division under Title I of the act, particularly

20  responsibilities relating to:

21         a.  Eligibility, including order of selection;

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

23  provided; and

24         c.  Functions performed by state agencies that affect

25  or potentially affect the ability of individuals who are blind

26  to achieve rehabilitation goals and objectives under Title I.

27         2.  Provide direction for Advise the department and the

28  division, and, at the discretion of the department or

29  division, assist in the preparation of applications, the state

30  plan as required by federal law, the strategic plan, and

31  amendments to the plans, reports, and needs assessments, and

                                  29

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  evaluations required by Title I.

 2         3.  Prepare and begin implementing, by January 1, 2001,

 3  a 5-year strategic plan to provide services to individuals who

 4  are blind. The division must consult with stakeholders and

 5  conduct public hearings as part of the development of the

 6  plan. The plan must be submitted to the Governor, the

 7  President of the Senate, and the Speaker of the House of

 8  Representatives. The council shall annually make amendments to

 9  the plan, which also must be submitted to the Governor, the

10  President of the Senate, and the Speaker of the House of

11  Representatives. The plan must:

12         a.  Provide for the maximum use of community-based

13  rehabilitation programs for the delivery of services and

14  provide for a corresponding reduction in the number of state

15  employees in the division to the minimum number necessary to

16  carry out the functions required under this section. In areas

17  of the state where there are not sufficient numbers of

18  providers, the council is authorized to develop and implement

19  a contingency plan which shall provide for the development of

20  additional capacity within the community.

21         b.  Provide for 90 percent of the funds provided for

22  services to individuals who are blind to be used for direct

23  customer services.

24         4.3.  To the extent feasible, conduct a review and

25  analysis of the effectiveness of, and consumer satisfaction

26  with:

27         a.  The functions performed by state agencies and other

28  public and private entities responsible for performing

29  functions for individuals who are blind.

30         b.  Vocational rehabilitation services:

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

                                  30

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





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

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

 3  private entities responsible for providing vocational

 4  rehabilitation services to individuals who are blind.

 5         5.4.  Prepare and submit an annual report on the status

 6  of vocational rehabilitation services for individuals who are

 7  the blind in the state to the Governor and the commissioner of

 8  the Rehabilitation Rehabilitative Services Administration,

 9  established under s. 702 of the act, and make the report

10  available to the public.

11         6.5.  Coordinate with other councils within the state,

12  including the Independent Living Council, the advisory panel

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

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

15  Planning Council described in s. 124 of the Developmental

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

17  6024, and the state mental health planning council established

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

19  300X-4(e), the Occupational Access and Opportunity Commission,

20  and the state workforce development board under the federal

21  Workforce Investment Act.

22         7.6.  Advise the department and division and provide

23  for coordination and the establishment of working

24  relationships among the department, the division, the

25  Independent Living Council, and centers for independent living

26  in the state.

27         8.7.  Perform such other functions consistent with the

28  purposes of the act as the council determines to be

29  appropriate that are comparable to functions performed by the

30  council.

31         9.  Have the authority to hire and fire the director of

                                  31

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  the division.

 2         (b)1.(i)1.  The council shall prepare, in conjunction

 3  with the division, a plan for the provision of such resources,

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

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

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

 7  resources in existence during the period of implementation of

 8  the plan.

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

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

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

12  disagreement shall be resolved by the Governor.

13         2.3.  The council shall, consistent with law, supervise

14  and evaluate such staff and other personnel as may be

15  necessary to carry out its functions.

16         3.4.  While assisting the council in carrying out its

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

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

19  create a conflict of interest.

20         (c)(j)  No council member shall cast a vote on any

21  matter that would provide direct financial benefit to the

22  member or otherwise give the appearance of a conflict of

23  interest under state law.

24         (d)(k)  The council shall convene at least four

25  meetings each year. These meetings shall occur in such places

26  as the council deems necessary to conduct council business.

27  The council may conduct such forums or hearings as the council

28  considers appropriate. The meetings, hearings, and forums

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

30  accessible to the public. To the maximum extent possible, the

31  meetings shall be held in locations that are accessible to

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  individuals with disabilities. The council shall make a report

 2  of each meeting which shall include a record of its

 3  discussions and recommendations, all of which reports shall be

 4  made available to the public.

 5         Section 24.  Section 413.014, Florida Statutes, is

 6  amended to read:

 7         413.014  Community-based rehabilitation programs.--The

 8  5-year plan prepared under s. 413.011(3)(a)3. shall require

 9  the Division of Blind Services to shall enter into cooperative

10  agreements with community-based rehabilitation programs to be

11  the service providers for the blind citizens of their

12  communities.  State employees, however, shall provide all

13  services that may not be delegated under federal law. The

14  division shall, as rapidly as feasible, increase the amount of

15  such services provided by community-based rehabilitation

16  programs. The goal shall be to decrease the amount of such

17  services provided by division employees and to increase to the

18  maximum extent allowed by federal law the amount of such

19  services provided through cooperative agreements with

20  community-based service providers. In areas of the state where

21  there is a lack of eligible service providers, the Florida

22  Rehabilitation Council for Blind Services may develop and

23  implement a contingency plan to ensure that all eligible

24  individuals receive services. The division shall seek, to the

25  maximum extent allowed by federal and state law and

26  regulation, all available federal funds for such purposes.

27  Funds and in-kind matching contributions from community and

28  private sources shall be used to maximize federal funds.

29  Unless prohibited by federal law or regulation, the share of

30  the federal vocational rehabilitation grant apportioned for

31  services to the blind shall be not less than 17 percent. By

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  December 31, annually, the council, with assistance from the

 2  division, shall submit to the Governor, the President of the

 3  Senate, and the Speaker of the House of Representatives a

 4  status report on its progress on increasing the amount of

 5  services provided by community-based rehabilitation programs

 6  as required by this section. The report shall include

 7  recommendations regarding reductions in the number of division

 8  employees based upon increased use of community-based

 9  rehabilitation programs.

10         Section 25.  Subsection (6) of section 413.033, Florida

11  Statutes, is amended to read:

12         413.033  Definitions.--As used in ss. 413.032-413.037:

13         (6)  "Agency" includes any political subdivision of the

14  state having its own purchasing agency, such as a county,

15  municipality, school district, vocational technical school,

16  community college, or other public body, that is supported in

17  whole or in part by funds appropriated by the Legislature.

18         Section 26.  Section 413.035, Florida Statutes, is

19  amended to read:

20         413.035  Duties and powers of the commission.--

21         (1)  It shall be the duty of the commission to

22  determine the market price of all products and services

23  offered for sale to the various agencies of the state by any

24  qualified nonprofit agency for the blind or other severely

25  handicapped.  The price shall recover for the nonprofit agency

26  the cost of raw materials, labor, overhead, and delivery, but

27  without profit, and shall be revised from time to time in

28  accordance with changing cost factors.  The commission shall

29  make such rules and regulations regarding specifications, time

30  of delivery, and assignment of products and services to be

31  supplied by nonprofit agencies for the blind or by agencies

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  for the other severely handicapped, with priority for

 2  assignment of products to agencies for the blind.

 3         (2)  The commission shall designate, authorization of a

 4  central nonprofit agency to represent nonprofit agencies for

 5  the blind or other severely handicapped; to act as the

 6  contractor of record for all transactions with government

 7  agencies; to facilitate the allocation of orders among

 8  qualified nonprofit agencies for the blind or, authorization

 9  of a central nonprofit agency to facilitate the allocation of

10  orders among qualified nonprofit agencies for other severely

11  handicapped; to oversee the performance of contracts assigned

12  to nonprofit agencies for the blind or other severely

13  handicapped; and to offer training programs, certification

14  workshops, quality control workshops, and other technical

15  assistance programs as necessary to further the purpose of

16  this act. In order to accomplish the purpose of this act, the

17  central nonprofit agency shall recover a fee of not less than

18  6 percent and not more than 8 percent of the purchase price of

19  a product or service approved by the commission for sale to

20  the state agencies and political subdivisions, and other

21  relevant matters of procedure as shall be necessary to carry

22  out the purposes of this act.

23         (3)  The commission shall authorize the purchase of

24  products and services elsewhere when requisitions cannot

25  reasonably be complied with through the nonprofit agencies for

26  the blind and other severely handicapped.

27         (4)(2)  The commission shall establish and publish a

28  list of products and services provided by any qualified

29  nonprofit agency for the blind and any nonprofit agency for

30  the other severely handicapped, which the commission

31  determines are suitable for procurement by agencies of the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  state pursuant to this act.  This procurement list and

 2  revision thereof shall be distributed to all purchasing

 3  officers of the state and its political subdivisions.

 4         Section 27.  Section 413.036, Florida Statutes, is

 5  amended to read:

 6         413.036  Procurement of services by agencies; authority

 7  of commission.--If any agency intends to procure any product

 8  or service, it shall first review on the procurement list to

 9  determine if a same or like product or service is available

10  from the central nonprofit agency. If available, that agency

11  shall, in accordance with rules and regulations of the

12  commission, procure such product or service at the price

13  established by the commission from the central nonprofit

14  agency representing a qualified nonprofit agency for the blind

15  or for the other severely handicapped if the product or

16  service is available within a reasonable delivery time.  This

17  act shall not apply in any case in which products or services

18  are available for procurement from any agency of the state and

19  procurement therefrom is required under the provision of any

20  law currently in effect.  However, this act shall have

21  precedence over any law requiring state agency procurement of

22  products or services from any other for-profit or nonprofit

23  corporation unless such precedence is waived by the commission

24  in accordance with its rules.

25         Section 28.  Subsection (2) of section 413.037, Florida

26  Statutes, is amended, subsection (3) is renumbered as

27  subsection (5), and new subsections (3) and (4) are added to

28  said section, to read:

29         413.037  Cooperation with commission required; duties

30  of state agencies.--

31         (2)  The commission may secure directly from any agency

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  of the state information necessary to enable it to carry out

 2  this act.  Upon request of the chair of the commission, the

 3  head of the agency shall furnish such information to the

 4  commission. Within 60 days of the conclusion of each fiscal

 5  year, each state agency and political subdivision shall

 6  transmit a report of its total procurements from the central

 7  nonprofit agency to the Governor, the Cabinet, the President

 8  of the Senate, and the Speaker of the House of

 9  Representatives.

10         (3)  The Comptroller shall conduct routine compliance

11  audits of state agencies and political subdivisions to ensure

12  maximum participation under this act by all government

13  agencies.

14         (4)  No state agency or institution shall purchase

15  products or services claimed to be made in workshops by

16  individuals who are blind, or who have disabilities, except as

17  specified under the provisions of this section.

18         Section 29.  Paragraph (a) of subsection (2) and

19  subsection (3) of section 413.051, Florida Statutes, are

20  amended to read:

21         413.051  Eligible blind persons; operation of vending

22  stands.--

23         (2)  As used in this section:

24         (a)  "Blind licensee" means any person who is blind and

25  who is person trained and licensed by the Division of Blind

26  Services of the Department of Management Services Labor and

27  Employment Security to operate a vending stand.

28         (3)  Blind licensees shall be given the first

29  opportunity to participate in the operation of vending stands

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

31  facilities are operated under the supervision of the Division

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  of Blind Services of the Department of Management Services

 2  Labor and Employment Security.

 3         Section 30.  Section 413.064, Florida Statutes, is

 4  amended to read:

 5         413.064  Rules.--The Department of Management Services

 6  Labor and Employment Security shall adopt all necessary rules

 7  pertaining to the conduct of a solicitation for the benefit of

 8  individuals who are blind persons, including criteria for

 9  approval of an application for a permit for such solicitation.

10         Section 31.  Section 413.066, Florida Statutes, is

11  amended to read:

12         413.066  Revocation of permit.--Any failure on the part

13  of a person or organization holding a permit under the

14  provisions of ss. 413.061-413.068 to comply with the law or

15  with all rules promulgated by the Department of Management

16  Services Labor and Employment Security as authorized by s.

17  413.064 constitutes a ground for revocation of the permit by

18  the Division of Blind Services.

19         Section 32.  Section 413.067, Florida Statutes, is

20  amended to read:

21         413.067  Penalty.--Any person who violates the

22  provisions of ss. 413.061-413.068 or any rule promulgated by

23  the Department of Management Services Labor and Employment

24  Security pursuant thereto commits a misdemeanor of the second

25  degree, punishable as provided in s. 775.082 or s. 775.083.

26         Section 33.  It is the intent of the Legislature that

27  the provisions of this act relating to services for

28  individuals who are blind not conflict with any federal

29  statute or implementing regulation governing federal

30  grant-in-aid programs administered by the Division of Blind

31  Services or the Florida Rehabilitation Council for Blind

                                  38

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1  Services. Whenever such a conflict is asserted by the United

 2  States Department of Education or other applicable agency of

 3  the Federal Government, the council shall submit to the United

 4  States Department of Education or other applicable federal

 5  agency a request for a favorable policy interpretation of the

 6  conflicting portions of such statute or regulation. If the

 7  request is approved, as certified in writing by the Secretary

 8  of the United States Department of Education, or the head of

 9  the other applicable federal agency, the council or the

10  division is authorized to adjust the plan as necessary to

11  achieve conformity with federal statutes or regulations.

12  Before adjusting the plan, the council or the division shall

13  provide to the President of the Senate and the Speaker of the

14  House of Representatives an explanation and justification of

15  the position of the council or division, and shall outline all

16  feasible alternatives that are consistent with this act. These

17  alternatives may include the state supervision of local

18  service agencies by the council or the division if the

19  agencies are designated by the Governor.

20         Section 34.  Section 413.93, Florida Statutes, is

21  repealed.

22         Section 35.  This act shall take effect upon becoming a

23  law.

24

25

26  ================ T I T L E   A M E N D M E N T ===============

27  And the title is amended as follows:

28  remove from the title of the bill:  the entire title

29

30  and insert in lieu thereof:

31                  A bill to be entitled

                                  39

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1         An act relating to vocational rehabilitation;

 2         amending s. 20.15, F.S.; establishing the

 3         Division of Occupational Access and Opportunity

 4         within the Department of Education; providing

 5         that the Occupational Access and Opportunity

 6         Commission is the director of the division;

 7         requiring the department to assign certain

 8         powers, duties, responsibilities, and functions

 9         to the division; including the Occupational

10         Access and Opportunity Commission, the Florida

11         Rehabilitation Council, and the Florida

12         Independent Living Council in an exemption

13         regarding the appointment of members; amending

14         s. 120.80, F.S.; providing that hearings on

15         certain vocational rehabilitation

16         determinations by the Occupational Access and

17         Opportunity Commission need not be conducted by

18         an administrative law judge; amending s.

19         413.82, F.S.; providing definitions for the

20         terms "community rehabilitation provider,"

21         "plan," and "state plan"; conforming

22         references; amending s. 413.83, F.S.;

23         specifying that appointment of members to the

24         commission is not subject to Senate

25         confirmation; revising composition of and

26         appointments to the commission; eliminating a

27         requirement that the Rehabilitation Council

28         serve the commission; authorizing the

29         commission to establish an advisory council

30         composed of representatives from not-for-profit

31         organizations under certain conditions;

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1         clarifying the entitlement of commission

 2         members to reimbursement for certain expenses;

 3         amending s. 413.84, F.S.; designating the

 4         commission the director of the Division of

 5         Occupational Access and Opportunity; specifying

 6         responsibilities of the commission; authorizing

 7         the commission to adopt rules; authorizing the

 8         commission to hire a division director;

 9         revising timeframe for development and

10         implementation of the 5-year plan prepared by

11         the commission; revising requirements for the

12         plan; expanding the authority of the commission

13         to contract with the corporation; removing a

14         requirement for federal approval to contract

15         with a direct-support organization; authorizing

16         the commission to appear on its own behalf

17         before the Legislature; amending s. 413.85,

18         F.S.; eliminating limitations on the tax status

19         of the Occupational Access and Opportunity

20         Corporation; revising the purpose of the

21         corporation; specifying that the corporation is

22         not an agency for purposes of certain

23         government procurement laws; applying

24         provisions relating to waiver of sovereign

25         immunity to the corporation; revising the

26         composition of the board of directors of the

27         corporation; revising the powers and duties of

28         the corporation; authorizing the corporation to

29         hire certain individuals employed by the

30         Division of Vocational Rehabilitation;

31         providing for a lease agreement governing such

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1         employees; prescribing terms of such lease

 2         agreement; amending s. 413.86, F.S.; conforming

 3         a reference; amending s. 413.87, F.S.;

 4         conforming a provision regarding a quarterly

 5         report to changes made in the act; amending s.

 6         413.88, F.S.; conforming a provision regarding

 7         an annual report to changes made in the act;

 8         amending s. 413.89, F.S.; deleting obsolete

 9         language; providing an effective date;

10         authorizing the department and the commission

11         to provide for continued administration during

12         the time between July 1, 2000, and October 1,

13         2000; amending s. 413.90, F.S.; providing

14         designated state entities for purposes of

15         compliance with federal law; deleting a

16         provision relating to designation of an

17         administrative entity; transferring the

18         Division of Vocational Rehabilitation to the

19         Department of Education; renaming the division

20         as the Division of Occupational Access and

21         Opportunity; requiring a reduction in

22         positions; providing for budget amendment;

23         designating the competitive area for any

24         necessary layoff in the division; amending s.

25         413.91, F.S.; deleting reference to the

26         designated administrative entity; requiring the

27         commission to assure that all contractors

28         maintain quality control and are fit to

29         undertake responsibilities; amending s. 413.92,

30         F.S.; specifying entities answerable to the

31         Federal Government in the event of a conflict

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1         with federal law; amending ss. 410.0245,

 2         410.604, 413.034, 413.20, 413.445, 413.615, and

 3         414.065, F.S., to conform; amending chapter

 4         99-240, Laws of Florida; providing for the

 5         transfer of the Division of Blind Services to

 6         the Department of Management Services rather

 7         than the Department of Education; revising the

 8         timeframe for such transfer; providing

 9         legislative intent relating to changes to the

10         rehabilitation system; amending s. 413.011,

11         F.S.; revising the internal organizational

12         structure of the Division of Blind Services;

13         requiring the division to implement the

14         provisions of a 5-year plan; requiring the

15         division to contract with community-based

16         rehabilitation programs for the delivery of

17         certain services; revising references to blind

18         persons; providing definitions for the terms

19         "community-based rehabilitation program,"

20         "council," "plan," and "state plan"; changing

21         the name of the Advisory Council for the Blind;

22         revising the membership and functions of the

23         council to be consistent with federal law;

24         requiring the council to prepare a 5-year

25         strategic plan; requiring the council to

26         coordinate with specified entities; authorizing

27         the council to hire and fire the director of

28         the division; deleting language providing for

29         the Governor to resolve funding disagreements

30         between the division and the council; directing

31         meetings to be held in locations accessible to

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2357

    Amendment No. 001 (for drafter's use only)





 1         individuals with disabilities; amending s.

 2         413.014, F.S.; requiring the Division of Blind

 3         Services to report on use of community-based

 4         programs to deliver services; requiring the

 5         development of a contingency plan for areas

 6         with a lack of service providers; amending s.

 7         413.033, F.S.; revising the definition of the

 8         term "agency"; amending s. 413.035, F.S.;

 9         revising the powers and duties of the

10         Commission for Purchase from the Blind or Other

11         Severely Handicapped; amending s. 413.036,

12         F.S.; revising procedures for procurement of

13         services by agencies; amending s. 413.037,

14         F.S.; requiring a report of procurements from

15         the central nonprofit agency; requiring routine

16         compliance audits; prohibiting certain

17         purchases except as provided by the act;

18         amending ss. 413.051, 413.064, 413.066, and

19         413.067, F.S.; conforming departmental

20         references to reflect the transfer of the

21         Division of Blind Services to the Department of

22         Management Services; expressing the intent of

23         the Legislature that the provisions of this act

24         relating to blind services not conflict with

25         federal law; providing procedures in the event

26         such conflict is asserted; repealing s. 413.93,

27         F.S., relating to the designated state agency

28         under federal law; providing an effective date.

29

30

31

                                  44

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