Senate Bill 2374
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Florida Senate - 2000 SB 2374
By Senator Kirkpatrick
5-1394A-00
1 A bill to be entitled
2 An act relating to vocational rehabilitation;
3 amending s. 120.80, F.S.; providing that
4 hearings on certain vocational rehabilitation
5 determinations by the Occupational Access and
6 Opportunity Commission need not be conducted by
7 an administrative law judge; amending s.
8 413.83, F.S.; specifying that appointment of
9 private citizens to the commission is not
10 subject to Senate confirmation; eliminating a
11 requirement that the Governor name the chairman
12 of the commission; eliminating a requirement
13 that the Rehabilitation Council serve the
14 commission; clarifying the entitlement of
15 commission members to reimbursement for certain
16 expenses; amending s. 413.84, F.S.; revising
17 required elements of the 5-year plan prepared
18 by the commission; expanding the authority of
19 the commission to contract with a designated
20 administrative entity; removing a requirement
21 for federal approval to contract with a
22 direct-support organization; authorizing the
23 commission to appear on its own behalf before
24 the Legislature; amending s. 413.85, F.S.;
25 eliminating limitations on the tax status of
26 the Occupational Access and Opportunity
27 Corporation; specifying that the corporation is
28 not an agency for purposes of certain
29 government procurement laws; applying
30 provisions relating to waiver of sovereign
31 immunity to the corporation; providing that the
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Florida Senate - 2000 SB 2374
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1 board of directors of the corporation be
2 composed of the commission membership;
3 authorizing the corporation to hire certain
4 individuals employed by the Division of
5 Vocational Rehabilitation; providing for a
6 lease agreement governing such employees;
7 prescribing terms of such lease agreement;
8 providing an effective date.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Subsection (16) is added to section 120.80,
13 Florida Statutes, to read:
14 120.80 Exceptions and special requirements;
15 agencies.--
16 (16) OCCUPATIONAL ACCESS AND OPPORTUNITY
17 COMMISSION.--Notwithstanding s. 120.57(1)(a), hearings
18 concerning determinations by the Occupational Access and
19 Opportunity Commission on eligibility, plans of services, or
20 closure need not be conducted by an administrative law judge
21 assigned by the division. The commission may choose to
22 contract with some other appropriate resource in these
23 matters.
24 Section 2. Subsections (2), (6), (7), and (10) of
25 section 413.83, Florida Statutes, are amended to read:
26 413.83 Occupational Access and Opportunity Commission;
27 creation; purpose; membership.--
28 (2) The commission shall consist of 16 members
29 appointed, as provided herein, by the Governor, the President
30 of the Senate, and the Speaker of the House of
31 Representatives. The commission must contain a minimum of 50
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Florida Senate - 2000 SB 2374
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1 percent representation from the private sector.
2 Notwithstanding any other law to the contrary, appointment of
3 private-citizen members is not subject to confirmation by the
4 Senate. The members of the commission shall include:
5 (a) The Commissioner of Education, or his or her
6 designee, who shall serve as chair;
7 (b) The chair of the Florida Rehabilitation Council;
8 (c) The chair of the Council for Independent Living;
9 (d) The chair of the Commission for the Purchase from
10 the Blind or Other Severely Handicapped;
11 (e) A community rehabilitation provider who contracts
12 to provide vocational rehabilitation services to individuals
13 who qualify for the program, who shall be appointed by the
14 Governor for a term of 4 years;
15 (f) A representative from the Advocacy Center for
16 Persons With Disabilities, who shall be appointed by the
17 President of the Senate for a term of 4 years;
18 (g) A consumer of vocational rehabilitation services,
19 who shall be appointed by the Speaker of the House of
20 Representatives for a term of 4 years; and
21 (h) Other individuals with disabilities and
22 representatives of business, workforce development, education,
23 state government, local government, consumer advocate groups,
24 employers of individuals with disabilities, or community
25 organizations.
26 (6) The Governor shall name the chair of the
27 commission from its appointed members. The commission shall
28 biennially elect one of its members as vice chair, who shall
29 preside in the absence of the chair. Neither the chair, nor
30 The vice chair, may not be a provider of client services
31 funded through the commission.
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Florida Senate - 2000 SB 2374
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1 (7) The Rehabilitation Council created by s. 413.405
2 shall serve the commission and shall continue to perform its
3 designated duties with the commission as the designated state
4 vocational rehabilitation agency. The commission shall
5 consider the recommendations made by the council.
6 (10) The members of the commission may rely upon and
7 are subject to subsections (1) and (3) of are entitled to be
8 reimbursed for reasonable and necessary expenses of attending
9 meetings and performing commission duties, including per diem
10 and travel expenses, and for personal care attendants and
11 interpreters needed by members during meetings, as provided in
12 s. 413.273.
13 Section 3. Paragraph (d) of subsection (1) and
14 subsections (2) and (6) of section 413.84, Florida Statutes,
15 are amended to read:
16 413.84 Powers and duties.--The commission:
17 (1) Shall, no later than July 1, 2000, after
18 consulting with stakeholders and holding public hearings,
19 develop and implement a 5-year plan to promote occupational
20 access and opportunities for Floridians with disabilities, and
21 to fulfill the federal plan requirements. The plan must be
22 submitted to the Governor, the President of the Senate, and
23 the Speaker of the House of Representatives. The commission
24 may make amendments annually to the plan, which must be
25 submitted to the Governor, the President of the Senate, and
26 the Speaker of the House of Representatives by the first of
27 January.
28 (d) The plan must require that the commission or its
29 administrative entity enter into cooperative agreements with
30 community-based rehabilitation programs to be the service
31 providers for the program; however, state career service
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1 employees shall provide all services mandated by federal law
2 to be performed by state employees. The commission shall, as
3 rapidly as is feasible, increase the amount of such services
4 provided by community-based rehabilitation programs. The plan
5 must incorporate, to the maximum extent allowed by federal and
6 state law and regulation, all available funds for such
7 purposes. Funds and in-kind contributions from community and
8 private sources shall be used to enhance federal and state
9 resources.
10 (2) Notwithstanding the provisions of part I of
11 chapter 287 and without limitation otherwise as to its powers
12 as an agency under state law, shall contract, no later than
13 July 1, 2000, with the administrative entity designated in the
14 plan to execute the services, functions, and programs
15 prescribed in the plan. The commission shall serve as contract
16 administrator. If approved by the federal Department of
17 Education, the administrative entity may be a direct-support
18 organization. The commission shall define the terms of the
19 contract.
20 (6) May appear on its own behalf before the
21 Legislature as well as boards, commissions, departments, or
22 other agencies of municipal, county, state, or Federal
23 Government.
24 Section 4. Subsections (1) and (3) of section 413.85,
25 Florida Statutes, are amended, and paragraph (e) is added to
26 subsection (4) of that section, to read:
27 413.85 Occupational Access and Opportunity
28 Corporation; use of property; board of directors; duties;
29 audit.--
30 (1) ESTABLISHMENT.--If the commission elects to
31 designate a direct-support organization as its administrative
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1 entity, such organization shall be designated the Occupational
2 Access and Opportunity Corporation:
3 (a) Which is a corporation not for profit, as defined
4 in s. 501(c) s. 501(c)(6) of the Internal Revenue Code of
5 1986, as amended, and is incorporated under the provisions of
6 chapter 617 and approved by the Department of State.
7 (b) Which is organized and operated exclusively to
8 request, receive, hold, invest, and administer property and to
9 manage and make expenditures for the operation of the
10 activities, services, functions, and programs of the
11 provisions of this act relating to the Occupational Access and
12 Opportunity Commission.
13 (c) Which the commission, after review, has certified
14 to be operating in a manner consistent with the policies and
15 goals of the commission and the plan.
16 (d) Which shall not be considered an agency for the
17 purposes of chapters 120, and 216, and 287; ss. 255.25 and
18 255.254, relating to leasing of buildings; ss. 283.33 and
19 283.35, relating to bids for printing; s. 215.31; and parts IV
20 through VIII of chapter 112.
21 (e) Which shall be subject to the provisions of
22 chapter 119, relating to public records;, and the provisions
23 of chapter 286, relating to public meetings; and the
24 provisions of s. 768.28 as a corporation primarily acting as
25 an instrumentality of this state.
26 (3) BOARD OF DIRECTORS.--The board of directors of the
27 corporation shall be composed of the commission membership 15
28 members, appointed by the commission from its own membership.
29 The vice chair of the commission shall serve as chair of the
30 corporation's board of directors.
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Florida Senate - 2000 SB 2374
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1 (4) POWERS AND DUTIES.--The corporation, in the
2 performance of its duties:
3 (e) May hire any individual who, as of June 30, 1999,
4 is employed by the Division of Vocational Rehabilitation. Such
5 hiring must be done through a lease agreement program
6 established by the Department of Management Services for the
7 corporation. Under such agreement, the employee must retain
8 his or her status as a state employee but must work under the
9 direct supervision of the corporation. Retention of state
10 employee status includes the right to participate in the
11 Florida Retirement System. The Department of Management
12 Services shall establish the terms and conditions of such
13 lease agreements.
14 Section 5. This act shall take effect upon becoming a
15 law.
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18 SENATE SUMMARY
19 Provides that hearings concerning determinations of the
Occupational Access and Opportunity Commission need not
20 be held by an administrative law judge. Exempts
appointment of private citizens to the commission from
21 Senate confirmation. Revises the relationship between the
commission and the Rehabilitation Council. Revises the
22 powers and duties of the commission, and empowers it to
represent itself before the Legislature. Revises the
23 status of the commission with respect to its
direct-support organization, government purchasing
24 requirements, and sovereign immunity. Provides that the
commission membership constitutes the direct-support
25 organization's board of directors. Authorizes hiring of
certain employees of the Division of Vocational
26 Rehabilitation and establishes conditions thereon.
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