Senate Bill 2374c1

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    Florida Senate - 2000                           CS for SB 2374

    By the Committee on Commerce and Economic Opportunities; and
    Senator Kirkpatrick




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  1                      A bill to be entitled

  2         An act relating to vocational rehabilitation;

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

  4         Division of Occupational Access and Opportunity

  5         within the Department of Education; providing

  6         that the Occupational Access and Opportunity

  7         Commission is the director of the division;

  8         requiring the department to assign certain

  9         powers, duties, responsibilities, and functions

10         to the division; excepting from appointment by

11         the Commissioner of Education members of the

12         commission, the Florida Rehabilitation Council,

13         and the Florida Independent Living Council;

14         amending s. 120.80, F.S.; providing that

15         hearings on 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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  1         clarifying the entitlement of commission

  2         members to reimbursement for certain expenses;

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

  4         commission as the director of the Division of

  5         Occupational Access and Opportunity; specifying

  6         responsibilities of the commission; authorizing

  7         the commission to make administrative rules;

  8         authorizing the commission to hire a division

  9         director; revising time for implementation of

10         the 5-year plan prepared by the commission;

11         expanding the authority of the commission to

12         contract with the corporation; removing a

13         requirement for federal approval to contract

14         with a direct-support organization; authorizing

15         the commission to appear on its own behalf

16         before the Legislature; amending s. 413.85,

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

18         of the Occupational Access and Opportunity

19         Corporation; specifying that the corporation is

20         not an agency for purposes of certain

21         government procurement laws; applying

22         provisions relating to waiver of sovereign

23         immunity to the corporation; providing that the

24         board of directors of the corporation be

25         composed of no fewer than seven and no more

26         than 15 members and that a majority of its

27         members be members of the commission;

28         authorizing the corporation to hire certain

29         individuals employed by the Division of

30         Vocational Rehabilitation; providing for a

31         lease agreement governing such employees;

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  1         prescribing terms of such lease agreement;

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

  3         organizational reference; amending s. 413.87,

  4         F.S.; conforming provision to changes made in

  5         the act; amending s. 413.88, F.S.; conforming

  6         provision to changes made in the act; amending

  7         s. 413.89, F.S.; designating the department the

  8         state agency effective July 1, 2000, and the

  9         commission the state agency effective October

10         1, 2000, for purposes of federal law; deleting

11         an obsolete reference; authorizing the

12         department and the commission to provide for

13         continued administration during the time

14         between July 1, 2000, and October 1, 2000;

15         amending s. 413.90, F.S.; deleting provision

16         relating to designation of an administrative

17         entity; designating a state agency and state

18         unit for specified purposes; transferring the

19         Division of Vocational Rehabilitation to the

20         Department of Education through a type two

21         transfer; requiring a reduction in positions;

22         providing for a budget amendment; amending s.

23         413.91, F.S.; deleting reference to designated

24         administrative entity; requiring the commission

25         to assure that all contractors maintain quality

26         control and are fit to undertake

27         responsibilities; amending s. 413.92, F.S.;

28         specifying entities answerable to the Federal

29         Government in the event of a conflict with

30         federal law; amending s. 39 of ch. 99-240, Laws

31         of Florida; providing for the transfer of the

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  1         Division of Blind Services to the Department of

  2         Management Services rather than the Department

  3         of Education; amending s. 413.011, F.S.;

  4         revising the internal organizational structure

  5         of the Division of Blind Services; requiring

  6         the division to implement the provisions of a

  7         5-year plan; requiring the division to contract

  8         with community-based rehabilitation programs

  9         for the delivery of certain services; revising

10         references to blind persons; providing

11         definitions for the terms "community-based

12         rehabilitation program," "council," and "plan";

13         renaming the Advisory Council for the Blind;

14         revising the membership and functions of the

15         council to be consistent with federal law;

16         requiring the council to prepare a 5-year

17         strategic plan; requiring the council to

18         coordinate with specified entities; deleting

19         provisions providing for the Governor to

20         resolve funding disagreements between the

21         division and the council; directing that

22         meetings be held in locations accessible to

23         individuals with disabilities; amending s.

24         413.014, F.S.; requiring the Division of Blind

25         Services to report on use of community-based

26         programs to deliver services; amending s.

27         413.034, F.S.; revising the membership of the

28         Commission for Purchase from the Blind or Other

29         Severely Handicapped to conform to transfer of

30         the Division of Blind Services and the transfer

31         and renaming of the Division of Vocational

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  1         Rehabilitation; amending ss. 413.051, 413.064,

  2         413.066, 413.067, F.S.; conforming departmental

  3         references to reflect the transfer of the

  4         Division of Blind Services to the Department of

  5         Management Services; expressing the intent of

  6         the Legislature that the provisions of this act

  7         relating to blind services not conflict with

  8         federal law; providing procedures in the event

  9         such conflict is asserted; repealing s. 413.93,

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

11         under federal law; providing an effective date.

12

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

14

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

16  20.15, Florida Statutes, are amended and paragraph (d) is

17  added to subsection (5) of that section to read:

18         20.15  Department of Education.--There is created a

19  Department of Education.

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

21  Department of Education are established:

22         (a)  Division of Community Colleges.

23         (b)  Division of Public Schools and Community

24  Education.

25         (c)  Division of Universities.

26         (d)  Division of Workforce Development.

27         (e)  Division of Human Resource Development.

28         (f)  Division of Administration.

29         (g)  Division of Financial Services.

30         (h)  Division of Support Services.

31         (i)  Division of Technology.

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  1         (j)  Division of Occupational Access and Opportunity.

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

  3  of the Division of Universities, the Occupational Access and

  4  Opportunity Commission is the director of the Division of

  5  Occupational Access and Opportunity, and the State Board of

  6  Community Colleges is the director of the Division of

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

  8  all other divisions shall be appointed by the commissioner

  9  subject to approval by the state board.

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

11  and the Commissioner of Education:

12         (d)  Shall assign to the Division of Occupational

13  Access and Opportunity such powers, duties, responsibilities,

14  and functions as are necessary to ensure the coordination,

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

16  not limited to, vocational rehabilitation and independent

17  living services to persons with disabilities which services

18  are funded under the Rehabilitation Act of 1973, as amended,

19  except those duties specifically assigned to the Division of

20  Blind Services of the Department of Management Services; those

21  duties specifically assigned to the Commissioner of Education

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

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

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

25  assigned to the Division of Workforce Development in chapter

26  239. Effective October 1, 2000, the Occupational Access and

27  Opportunity Commission shall assume all responsibilities

28  necessary to be the designated state agency for purposes of

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

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

31  contained in law to the contrary, the Commissioner of

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  1  Education shall appoint all members of all councils and

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

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

  4  college district boards of trustees, the Postsecondary

  5  Education Planning Commission, the Education Practices

  6  Commission, the Education Standards Commission, the State

  7  Board of Independent Colleges and Universities, the

  8  Occupational Access and Opportunity Commission, the Florida

  9  Rehabilitation Council, the Florida Independent Living

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

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

12  Florida Statutes, to read:

13         120.80  Exceptions and special requirements;

14  agencies.--

15         (16)  OCCUPATIONAL ACCESS AND OPPORTUNITY

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

17  concerning determinations by the Occupational Access and

18  Opportunity Commission on eligibility, plans of services, or

19  closure need not be conducted by an administrative law judge

20  assigned by the division. The commission may choose to

21  contract with another appropriate resource in these matters.

22         Section 3.  Section 413.82, Florida Statutes, is

23  amended to read:

24         413.82  Definitions.--As used in ss. 413.81-413.93, the

25  term:

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

27  Access and Opportunity.

28         (2)  "Community rehabilitation provider" means a

29  provider of services to people in a community setting which

30  has as its primary function services directed toward

31  employment outcomes for people with disabilities.

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  1         (3)(2)  "Corporation" means the Occupational Access and

  2  Opportunity Corporation.

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

  4  Access and Opportunity Vocational Rehabilitation.

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

  6  413.81-413.93.(4)  "Office" means the Executive Office of the

  7  Governor.

  8         (6)(5)  "State plan" means the state plan for

  9  vocational rehabilitation required by Title I of the federal

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

11         (7)(6)  "Region" means a service area for a regional

12  workforce development board established by the Workforce

13  Development Board.

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

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

16         413.83  Occupational Access and Opportunity Commission;

17  creation; purpose; membership.--

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

19  including 15 members appointed, as provided in this section

20  herein, by the Governor, the President of the Senate, and the

21  Speaker of the House of Representatives, and four ex-officio,

22  nonvoting members. The commission must contain a minimum of 50

23  percent representation from the private sector.

24  Notwithstanding any other law to the contrary, appointment of

25  members is not subject to confirmation by the Senate. The

26  membership of the commission may not include more than two

27  individuals who are, or are employed by, community

28  rehabilitation providers who contract to provide vocational

29  rehabilitation services to individuals who qualify for the

30  program. The members of the commission shall include:

31

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

  2  designee, who shall serve as chair until October 1, 2000;

  3  after October 1, 2000, the commission shall elect a chair from

  4  its membership;

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

  6  whom shall be appointed by the Governor for a term of 4 years,

  7  three of whom shall be appointed by the President of the

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

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

10  term of 4 years;

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

12  rehabilitation services, who shall be appointed by the

13  Governor for a term of 4 years;

14         (d)  A community rehabilitation provider who contracts

15  to provide vocational rehabilitation services to individuals

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

17  Governor for a term of 4 years;

18         (e)  Five representatives of business, workforce

19  development, education, state government, local government, a

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

21  whom shall be appointed by the Governor for a term of 4 years,

22  one of whom shall be appointed by the President of the Senate

23  for a term of 4 years, and one of whom shall be appointed by

24  the Speaker of the House of Representatives for a term of 4

25  years; and

26         (f)  As exofficio, nonvoting members:

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

28  the Advocacy Center for Persons with Disabilities;

29         2.  The chair of the Florida Rehabilitation Council;

30         3.  The chair of the Council for Independent Living;

31  and

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  1         4.  The chair of the Commission for the Purchase from

  2  the Blind or Other Severely Handicapped.

  3         (b)  The chair of the Florida Rehabilitation Council;

  4         (c)  The chair of the Council for Independent Living;

  5         (d)  The chair of the Commission for the Purchase from

  6  the Blind or Other Severely Handicapped;

  7         (e)  A community rehabilitation provider who contracts

  8  to provide vocational rehabilitation services to individuals

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

10  Governor for a term of 4 years;

11         (f)  A representative from the Advocacy Center for

12  Persons With Disabilities, who shall be appointed by the

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

14         (g)  A consumer of vocational rehabilitation services,

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

16  Representatives for a term of 4 years; and

17         (h)  Other individuals with disabilities and

18  representatives of business, workforce development, education,

19  state government, local government, consumer advocate groups,

20  employers of individuals with disabilities, or community

21  organizations.

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

23  recommendations from the commission, the Governor, the

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

25  Representatives shall consult together and take actions

26  necessary to bring the membership of the commission into

27  compliance with the requirements of this section. In taking

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

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

30  commission's total appointed membership shall expire in any

31  1-year period. Initially, the Governor, the President of the

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

  2  each appoint as members meeting the qualifications contained

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

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

  5  year. Thereafter, after receiving recommendations from the

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

  7  Speaker of the House of Representatives shall appoint all

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

  9  appointment by the original appointing authority for the

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

11  proper qualifications for the vacancy.

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

13  commission from its appointed members. The commission shall

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

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

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

17  through the commission.

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

19  shall serve the commission and shall continue to perform its

20  designated duties, with the commission as the designated state

21  vocational rehabilitation agency. The commission shall

22  consider the recommendations made by the council.

23         (8)  The commission may appoint advisory committees

24  that the commission considers appropriate, which may include

25  members from outside the commission to study special problems

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

27  commission shall establish an advisory council composed of

28  representatives from not-for-profit organizations that have

29  submitted a resolution requesting membership and have had the

30  request approved by the commission. Any existing advisory

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

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  1  advisory committee to the commission by submitting to the

  2  commission a resolution requesting affiliation and having the

  3  request approved by the commission. The commission shall

  4  establish the operating procedures of the committees.

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

  6  subject to are entitled to be reimbursed for reasonable and

  7  necessary expenses of attending meetings and performing

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

  9  for personal care attendants and interpreters needed by

10  members during meetings, as provided in s. 413.273(1) and (3).

11         Section 5.  Section 413.84, Florida Statutes, is

12  amended to read:

13         413.84  Powers and duties.--The commission:

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

15  director of the Division of Occupational Access and

16  Opportunity of the Department of Education.

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

18  and quality assurance for the programs assigned and funded to

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

20  rehabilitation and independent living services to persons with

21  disabilities which services are funded under the federal

22  Rehabilitation Act of 1973, as amended, in a coordinated,

23  efficient, and effective manner. The Occupational Access and

24  Opportunity Commission has authority to adopt rules pursuant

25  to ss. 120.536(1) and 120.54 to implement provisions of law

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

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

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

29  45 days after its receipt by the State Board of Education, the

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

31

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  1  Effective October 1, 2000, rules adopted by the commission do

  2  not require approval by the State Board of Education.

  3         (3)  Shall, in consultation with the Commissioner of

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

  5  commission for operation and maintenance of the programs

  6  assigned and funded to the division.

  7         (4)(1)  Shall, no later than January July 1, 2001 2000,

  8  after consulting with stakeholders and holding public

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

10  occupational access and opportunities for Floridians with

11  disabilities, and to fulfill the federal plan requirements.

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

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

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

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

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

17  first of January.

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

19  Training Accounts, as described in the federal Workforce Act

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

21  developed, these accounts must be distributed under a written

22  memorandum of understanding with One-Stop Career Center

23  operators.

24         (b)  The plan must include an emergency response

25  component to address economic downturns.

26         (c)  The plan must designate an administrative entity

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

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

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

30  innovative contracts that upgrade or enhance direct services

31  to Floridians with disabilities.

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

  2  into cooperative agreements with community-based

  3  rehabilitation programs by workforce region to be the service

  4  providers for the program; however, state career service

  5  employees shall provide all services that may not be delegated

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

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

  8  provided by community-based rehabilitation programs. The plan

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

10  state law and regulation, all available funds for such

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

12  private sources shall be used to enhance federal and state

13  resources.

14         (e)  The plan must include recommendations regarding

15  specific performance standards and measurable outcomes, and

16  must outline procedures for monitoring operations of the

17  commission, the corporation, the division, commission's and

18  all providers of services under contract to the commissions's

19  designated administrative entity's operations to ensure that

20  performance data is maintained and supported by records of

21  such entities. The commission shall consult with the Office of

22  Program Policy Analysis and Government Accountability in the

23  establishment of performance standards, measurable outcomes,

24  and monitoring procedures.

25         (5)(2)  Notwithstanding the provisions of part I of

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

27  the corporation administrative entity designated in the plan

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

29  the plan. The commission shall serve as contract

30  administrator. If approved by the federal Department of

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

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  1  organization. The commission shall define the terms of the

  2  contract.

  3         (6)(3)  Shall work with the employer community to

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

  5  qualified Floridians with disabilities.

  6         (7)(4)  Is responsible for the prudent use of all

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

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

  9  applicable laws, bylaws, and contractual requirements.

10         (8)(5)  Shall develop an operational structure to carry

11  out the plan developed by the commission.

12         (9)(6)  May appear on its own behalf before the

13  Legislature, boards, commissions, departments, or other

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

15         (10)(7)  In the performance of its duties, may

16  undertake or commission research and studies.

17         (11)(8)  Shall develop a budget, which is in keeping

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

19  commission and functions of its designated administrative

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

21  inclusion in the Governor's budget recommendations.

22         (12)(9)  May assign staff from the office or division

23  to assist in implementing the provisions of this act relating

24  to the Occupational Access and Opportunity Commission.

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

26  413.85, Florida Statutes, are amended 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  contract with the corporation to provide services designate a

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  1  direct-support organization as its administrative entity, such

  2  organization shall be designated the Occupational Access and

  3  Opportunity Corporation:

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

  5  in s. 501(c) s. 501(c)(6) of the Internal Revenue Code of

  6  1986, as amended, and is incorporated under the provisions of

  7  chapter 617 and approved by the Department of State.

  8         (b)  Which is organized and operated exclusively to

  9  carry out such activities and tasks as the commission assigns

10  through contract. request, receive, hold, invest, and

11  administer property and to manage and make expenditures for

12  the operation of the activities, services, functions, and

13  programs of the provisions of this act relating to the

14  Occupational Access and Opportunity Commission.

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

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

17  goals of the commission and the plan.

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

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

20  255.254, relating to leasing of buildings; ss. 283.33 and

21  283.35, relating to bids for printing; s. 215.31; and parts IV

22  through VIII of chapter 112.

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

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

25  of chapter 286, relating to public meetings; and the

26  provisions of s. 768.28 as a corporation primarily acting as

27  an instrumentality of this state.

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

29  corporation shall be composed of no fewer than 7 and no more

30  than 15 members appointed by the commission, and a majority of

31  its members must be members of the commission 15 members,

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  1  appointed by the commission from its own membership. The vice

  2  chair of the commission shall serve as chair of the

  3  corporation's board of directors.

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

  5  performance of its duties:

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

  7  other functions as are necessary to carry out the provisions

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

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

10  law.

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

12  federal and state funding and to provide upgraded or expanded

13  services to Floridians with disabilities if directed by the

14  commission.

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

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

17  all promotional materials directly produced by the

18  corporation.

19         (d)  The corporation shall establish cooperative and

20  collaborative memoranda of understanding with One-Stop Career

21  Center operators to increase, upgrade, or expand  services to

22  Floridians with disabilities who are seeking employment and

23  self-sufficiency.

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

25  is employed by the Division of Vocational Rehabilitation. Such

26  hiring may be done through a lease agreement established by

27  the Department of Management Services for the corporation.

28  Under such agreement, the employee shall retain his or her

29  status as a state employee, but shall work under the direct

30  supervision of the corporation. Retention of state employee

31  status shall include the right to participate in the Florida

                                  17

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  1  Retirement System. The Department of Management Services shall

  2  establish the terms and conditions of such lease agreements.

  3         Section 7.  Section 413.86, Florida Statutes, is

  4  amended to read:

  5         413.86  Public-private partnerships.--The Division of

  6  Occupational Access and Opportunity Vocational Rehabilitation

  7  will enter into local public-private partnerships to the

  8  extent that it is beneficial to increasing employment outcomes

  9  for persons with disabilities and ensuring their full

10  involvement in the comprehensive workforce investment system.

11         Section 8.  Subsection (2) of section 413.87, Florida

12  Statutes, is amended to read:

13         413.87  Annual audit.--

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

15  quarterly report that:

16         (a)  Updates its progress and impact in creating

17  employment and increasing the personal income of individuals

18  with disabilities;

19         (b)  Provides detailed, unaudited financial statements

20  of sources and uses of public and private funds;

21         (c)  Measures progress towards annual goals and

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

23         (d)  Reviews all pertinent research findings and

24  training efforts; and

25         (e)  Provides other measures of accountability as

26  requested by the commission.

27         Section 9.  Section 413.88, Florida Statutes, is

28  amended to read:

29         413.88  Annual report of the Occupational Access and

30  Opportunity Commission; audits.--

31

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

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

  3  the Speaker of the House of Representatives a complete and

  4  detailed report setting forth for itself and its designated

  5  administrative entity:

  6         (a)  Its operations and accomplishments during the

  7  fiscal year.

  8         (b)  Its business and operational plan.

  9         (c)  The assets and liabilities of the corporation

10  designated administrative entity at the end of its most recent

11  fiscal year.

12         (d)  A copy of the annual financial and compliance

13  audit.

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

15  own authority or at the direction of the Legislative Auditing

16  Committee, conduct an audit of the commission or the

17  corporation its designated administrative entity.

18         Section 10.  Section 413.89, Florida Statutes, is

19  amended to read:

20         413.89  State vocational rehabilitation plan;

21  preparation and submittal; administration.--Effective July 1,

22  2000, the Department of Education is the designated state

23  agency and the Division of Occupational Access and Opportunity

24  is the designated state unit for purposes of compliance with

25  the federal Rehabilitation Act of 1973, as amended. Effective

26  October 1, 2000, Upon appointment, the Occupational Access and

27  Opportunity Commission is the designated state agency for

28  purposes of compliance with the Rehabilitation Act of 1973, as

29  amended, and authorized to prepare and submit the federally

30  required state vocational rehabilitation plan and to serve as

31  the governing authority of programs administered by the

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

  2  state's plan under the Rehabilitation Act of 1973, as amended;

  3  receiving federal funds as the state vocational rehabilitation

  4  agency; directing the expenditure of legislative

  5  appropriations for rehabilitative services through its

  6  designated administrative entity or other agents; and, if

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

  8  considers necessary to maintain compliance with the federal

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

10  changes in order to continue to qualify and maintain federal

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

12  2000, and October 1, 2000, the department and the appointment

13  of the commission and the designation of the administrative

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

15  provide for continued administration consistent with federal

16  and state law.

17         Section 11.  Section 413.90, Florida Statutes, is

18  amended to read:

19         413.90  Designated State Agency and Designated State

20  Unit Designation of administrative entity.--Effective July 1,

21  2000, the Division of Vocational Rehabilitation The division

22  must comply with the transitional direction of the plan. If

23  the commission designates an administrative entity other than

24  the division, all powers, duties, and functions of and all

25  related records, property, and equipment and all contractual

26  rights, obligations of, and unexpended balances of

27  appropriations and other funds or allocations of the

28  division's component programs of the Department of Labor and

29  Employment Security shall be transferred to the Department of

30  Education by a type two transfer commission as provided in the

31  plan, pursuant to s. 20.06(2) and shall become the Division of

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  1  Occupational Access and Opportunity. The commission and the

  2  Department of Education, in establishing the Division of

  3  Occupational Access and Opportunity, may establish no more

  4  than 700 positions inclusive of those positions leased by the

  5  corporation. These positions may be filled by former employees

  6  of the Division of Vocational Rehabilitation. By October 1,

  7  2000, the division shall reduce the number of positions to no

  8  more than 300. If unforeseen transition activities occur in

  9  moving service delivery from division employees to community

10  rehabilitation providers and create situations negatively

11  affecting client services, and the remedy to those temporary

12  situations would require more than 300 positions, the division

13  may request a budget amendment to retain positions. The

14  request must provide full justification for the continuation

15  and include the number of positions and duration of time

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

17  months. The Department of Labor and Employment Security shall

18  assist the commission in carrying out the intent of this

19  chapter and achieving an orderly transition. The Office of

20  Planning and Budget shall submit the necessary budget

21  amendments to the Legislature in order to bring the budget

22  into compliance with the plan.

23         Section 12.  Section 413.91, Florida Statutes, is

24  amended to read:

25         413.91  Service providers; quality assurance and

26  fitness for responsibilities.--The Occupational Access and

27  Opportunity Commission shall assure that all contractors the

28  designated administrative entity and providers of direct

29  service maintain an internal system of quality assurance, have

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

31  inquiry for their fitness to undertake service

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  1  responsibilities regardless of whether a contract for services

  2  is competitively or noncompetitively procured.

  3         Section 13.  Section 413.92, Florida Statutes, is

  4  amended to read:

  5         413.92  Conflict of laws.--It is the intent of the

  6  Legislature that the provisions of this act relating to the

  7  Occupational Access and Opportunity Commission not conflict

  8  with any federal statute or implementing regulation governing

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

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

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

12  2000, the department, and after October 1, 2000, the

13  commission shall submit to the federal Department of

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

15  favorable policy interpretation of the conflicting portions.

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

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

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

19  division is authorized to make the adjustments in the plan

20  which are necessary for achieving conformity to federal

21  statutes and regulations. Before making such adjustments, the

22  commission or the division shall provide to the President of

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

24  explanation and justification of the position of the division

25  or the commission and shall outline all feasible alternatives

26  that are consistent with this section. These alternatives may

27  include the state supervision of local service agencies by the

28  commission or the division if the agencies are designated by

29  the Governor.

30         Section 14.  Section 39 of chapter 99-240, Laws of

31  Florida, is amended to read:

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  1         Section 39.  Effective October 1, 2000 January 1, 2001,

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

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

  4  Statutes, from the Department of Labor and Employment Security

  5  to the Department of Management Services Education.

  6         Section 15.  Section 413.011, Florida Statutes, is

  7  amended to read:

  8         413.011  Division of Blind Services, internal

  9  organizational structure; Florida Rehabilitation Advisory

10  Council for the Blind Services.--

11         (1)  The internal organizational structure of the

12  Division of Blind Services shall be designed for the purpose

13  of ensuring the greatest possible efficiency and effectiveness

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

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

16  carry out the following activities under planning and policy

17  guidance from the Florida Rehabilitation Council for Blind

18  Services:

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

20  plan prepared by the council under paragraph (3)(a) to provide

21  services to individuals who are blind.

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

23  carry out the purposes of this section.

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

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

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

27  and capacity for education and industrial training, with such

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

29  information in the register of individuals who are the blind

30  which, when released, could identify an individual is

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

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

  2  preventive measures, and provide for the examination and

  3  treatment of individuals who are the blind, or those

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

  5  and shall pay therefor, including necessary incidental

  6  expenses.

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

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

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

10  in finding employment, teach them trades and occupations

11  within their capacities, assist them in disposing of products

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

13  funds for establishing enterprises where federal funds

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

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

16  blind.

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

18  workshops for the employment of suitable individuals who are

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

20  receive moneys from sales of commodities involved in such

21  activities and from such funds make payments of wages,

22  repairs, insurance premiums and replacements of equipment. All

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

24  on in cooperation with private workshops for individuals who

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

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

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

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

29  to provide special services and benefits for individuals who

30  are the blind in order to assist them in for developing their

31

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  1  social life through community activities and recreational

  2  facilities.

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

  4  ameliorate the condition of blind citizens of this state who

  5  are blind.

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

  7  private, especially the Division of the Blind and Physically

  8  Handicapped of the Library of Congress and the Division of

  9  Library and Information Services of the Department of State,

10  to provide library service to individuals who are the blind

11  and individuals who have other disabilities other handicapped

12  persons as defined in federal law and regulations in carrying

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

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

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

16  and individuals.

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

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

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

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

21  specifically authorized by law.  All such moneys or properties

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

23  disbursed and expended by the division upon its own warrant

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

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

26  legislative appropriation made by the state for the purpose of

27  carrying out the provisions of this law.

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

29  are the blind, in braille and on electronic recording

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

31  their entirety.

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

  2  with any plans prepared by the council and the Occupational

  3  Access and Opportunity Commission for providing vocational

  4  rehabilitation services for individuals who are the blind.

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

  6  by the division in its general administration.

  7         (2)  As used in this section:

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

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

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

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

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

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

14  provider of services to individuals in a community setting

15  which has as its primary function services directed toward

16  individuals who are blind.

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

18  for Blind Services.

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

20  Services Labor and Employment Security.

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

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

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

24  Florida Rehabilitation Advisory Council for the Blind

25  Services. The council shall be established in accordance with

26  the act and must include at least four representatives of

27  private-sector businesses that are not providers of vocational

28  rehabilitation services. Members of the council shall serve

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

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

31  in the planning and development of statewide rehabilitation

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  1  programs and services, to recommend improvements to such

  2  programs and services, and to perform the functions provided

  3  in this section.

  4         (a)  The advisory council shall be composed of:

  5         1.  At least one representative of the Independent

  6  Living Council, which representative may be the chair or other

  7  designee of the council;

  8         2.  At least one representative of a parent training

  9  and information center established pursuant to s. 631(c)(9) of

10  the Individuals with Disabilities Act, 20 U.S.C. s.

11  1431(c)(9);

12         3.  At least one representative of the client

13  assistance program established under the act;

14         4.  At least one vocational rehabilitation counselor

15  who has knowledge of and experience in vocational

16  rehabilitation services for the blind, who shall serve as an

17  ex officio nonvoting member of the council if the counselor is

18  an employee of the department;

19         5.  At least one representative of community

20  rehabilitation program service providers;

21         6.  Four representatives of business, industry, and

22  labor;

23         7.  At least one representative of a disability

24  advocacy group representing individuals who are blind;

25         8.  At least one parent, family member, guardian,

26  advocate, or authorized representative of an individual who is

27  blind, has multiple disabilities, and either has difficulties

28  representing himself or herself or is unable, due to

29  disabilities, to represent himself or herself;

30         9.  Current or former applicants for, or recipients of,

31  vocational rehabilitation services; and

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  1         10.  The director of the division, who shall be an ex

  2  officio member of the council.

  3         (b)  Members of the council shall be appointed by the

  4  Governor, who shall select members after soliciting

  5  recommendations from representatives of organizations

  6  representing a broad range of individuals who have

  7  disabilities, and organizations interested in those

  8  individuals.

  9         (c)  A majority of council members shall be persons who

10  are:

11         1.  Blind; and

12         2.  >Not employed by the division.

13         (d)  The council shall select a chair from among its

14  membership.

15         (e)  Each member of the council shall serve for a term

16  of not more than 3 years, except that:

17         1.  A member appointed to fill a vacancy occurring

18  prior to the expiration of the term for which a predecessor

19  was appointed shall be appointed for the remainder of such

20  term; and

21         2.  The terms of service of the members initially

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

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

24  terms on a staggered basis.

25         (f)  No member of the council may serve more than two

26  consecutive full terms.

27         (g)  Any vacancy occurring in the membership of the

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

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

30  remaining members to execute the duties of the council.

31

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

  2  this act section, the council shall:

  3         1.  Review, analyze, and advise the division regarding

  4  the performance of the responsibilities of the division under

  5  Title I of the act, particularly responsibilities relating to:

  6         a.  Eligibility, including order of selection;

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

  8  provided; and

  9         c.  Functions performed by state agencies that affect

10  or potentially affect the ability of individuals who are blind

11  to achieve rehabilitation goals and objectives under Title I.

12         2.  Advise the department and the division, and provide

13  direction for, at the discretion of the department or

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

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

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

17  evaluations required by Title I.

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

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

20  are blind. The division must consult with stakeholders and

21  conduct public hearings as part of the development of the

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

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

24  Representatives. The council annually shall make amendments to

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

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

27  Representatives. The plan must provide for the maximum use of

28  community-based rehabilitation programs for the delivery of

29  services and a corresponding reduction in the number of state

30  employees in the division to the minimum number necessary to

31  carry out the functions required under this section. The plan

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  1  also must provide for 90 percent of the funds provided for

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

  3  customer services.

  4         4.3.  To the extent feasible, conduct a review and

  5  analysis of the effectiveness of, and consumer satisfaction

  6  with:

  7         a.  The functions performed by state agencies and other

  8  public and private entities responsible for performing

  9  functions for individuals who are blind.

10         b.  Vocational rehabilitation services:

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

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

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

14  private entities responsible for providing vocational

15  rehabilitation services to individuals who are blind.

16         5.4.  Prepare and submit an annual report on the status

17  of vocational rehabilitation services for individuals who are

18  the blind in the state to the Governor and the Commissioner of

19  the Rehabilitative Services Administration, established under

20  s. 702 of the act, and make the report available to the

21  public.

22         6.5.  Coordinate with other councils within the state,

23  including the Independent Living Council, the advisory panel

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

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

26  Planning Council described in s. 124 of the Developmental

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

28  6024, and the state mental health planning council established

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

30  300X-4(e), the Occupational Access and Opportunity Commission,

31

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  1  and the state Workforce Development Board under the federal

  2  Workforce Investment Act.

  3         7.6.  Advise the department and division and provide

  4  for coordination and the establishment of working

  5  relationships among the department, the division, the

  6  Independent Living Council, and centers for independent living

  7  in the state.

  8         8.7.  Perform such other functions consistent with the

  9  purposes of the act as the council determines to be

10  appropriate that are comparable to functions performed by the

11  council.

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

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

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

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

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

17  resources in existence during the period of implementation of

18  the plan.

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

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

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

22  disagreement shall be resolved by the Governor.

23         2.3.  The council shall, consistent with law, supervise

24  and evaluate such staff and other personnel as may be

25  necessary to carry out its functions.

26         3.4.  While assisting the council in carrying out its

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

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

29  create a conflict of interest.

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

31  matter that would provide direct financial benefit to the

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  1  member or otherwise give the appearance of a conflict of

  2  interest under state law.

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

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

  5  as the council deems necessary to conduct council business.

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

  7  considers appropriate. The meetings, hearings, and forums

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

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

10  meetings shall be held in locations that are accessible to

11  individuals with disabilities. The council shall make a report

12  of each meeting which shall include a record of its

13  discussions and recommendations, all of which reports shall be

14  made available to the public.

15         Section 16.  Section 413.014, Florida Statutes, is

16  amended to read:

17         413.014  Community-based rehabilitation programs.--The

18  5-year plan prepared under s. 413.011(3)(a)3. shall require

19  the Division of Blind Services to shall enter into cooperative

20  agreements with community-based rehabilitation programs to be

21  the service providers for the blind citizens of their

22  communities. State employees, however, shall provide all

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

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

25  such services provided by community-based rehabilitation

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

27  services provided by division employees and to increase to the

28  maximum extent allowed by federal law the amount of such

29  services provided through cooperative agreements with

30  community-based service providers.  The division shall seek,

31  to the maximum extent allowed by federal and state law and

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  1  regulation, all available federal funds for such purposes.

  2  Funds and in-kind matching contributions from community and

  3  private sources shall be used to maximize federal funds.

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

  5  the federal vocational rehabilitation grant apportioned for

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

  7  December 31 of each year, the division shall submit to the

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

  9  House of Representatives a status report on its progress on

10  increasing the amount of services provided by community-based

11  rehabilitation programs as required by this section. The

12  report shall include recommendations on reductions in the

13  number of division employees based upon increased use of

14  community-based rehabilitation programs.

15         Section 17.  Subsection (1) of section 413.034, Florida

16  Statutes, is amended to read:

17         413.034  Commission established; membership.--

18         (1)  There is created within the Department of

19  Management Services the Commission for Purchase from the Blind

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

21  of the Department of Management Services; the director of the

22  Division of Occupational Access and Opportunity Vocational

23  Rehabilitation of the Department of Education Labor and

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

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

26  of the Department of Management Services Labor and Employment

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

28  which four members shall be an executive director of a

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

30  nonprofit agency for other severely handicapped persons, a

31  representative of private enterprise, and a representative of

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  1  other political subdivisions. All appointed members shall

  2  serve for terms of 4 years.  Appointed commission members

  3  shall serve subject to confirmation by the Senate.

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

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

  6  amended to read:

  7         413.051  Eligible blind persons; operation of vending

  8  stands.--

  9         (2)  As used in this section:

10         (a)  "Blind licensee" means any blind person trained

11  and licensed by the Division of Blind Services of the

12  Department of Management Services Labor and Employment

13  Security to operate a vending stand.

14         (3)  Blind licensees shall be given the first

15  opportunity to participate in the operation of vending stands

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

17  facilities are operated under the supervision of the Division

18  of Blind Services of the Department of Management Services

19  Labor and Employment Security.

20         Section 19.  Section 413.064, Florida Statutes, is

21  amended to read:

22         413.064  Rules.--The Department of Management Services

23  Labor and Employment Security shall adopt all necessary rules

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

25  individuals who are blind persons, including criteria for

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

27         Section 20.  Section 413.066, Florida Statutes, is

28  amended to read:

29         413.066  Revocation of permit.--Any failure on the part

30  of a person or organization holding a permit under the

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

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  1  with all rules promulgated by the Department of Management

  2  Services Labor and Employment Security as authorized by s.

  3  413.064 constitutes a ground for revocation of the permit by

  4  the Division of Blind Services.

  5         Section 21.  Section 413.067, Florida Statutes, is

  6  amended to read:

  7         413.067  Penalty.--Any person who violates the

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

  9  the Department of Management Services Labor and Employment

10  Security pursuant thereto commits a misdemeanor of the second

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

12         Section 22.  It is the intent of the Legislature that

13  the provisions of this act relating to services for

14  individuals who are blind not conflict with any federal

15  statute or implementing regulation governing federal

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

17  Services or the Florida Rehabilitation Council for Blind

18  Services. Whenever such a conflict is asserted by the U.S.

19  Department of Education or other applicable agency of the

20  Federal Government, the council shall submit to the U.S.

21  Department of Education or other applicable federal agency a

22  request for a favorable policy interpretation of the

23  conflicting portions of such statute or regulation. If the

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

25  of the U.S. Department of Education or the head of the other

26  applicable federal agency, the council or the division is

27  authorized to adjust the plan as necessary to achieve

28  conformity with federal statutes or regulations. Before

29  adjusting the plan, the council or the division shall provide

30  to the President of the Senate and the Speaker of the House of

31  Representatives an explanation and justification of the

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  1  position of the council or division and shall outline all

  2  feasible alternatives that are consistent with this act. These

  3  alternatives may include the state supervision of local

  4  service agencies by the council or the division if the

  5  agencies are designated by the Governor.

  6         Section 23.  Section 413.93, Florida Statutes, is

  7  repealed.

  8         Section 24.  This act shall take effect upon becoming a

  9  law except that the provisions of this act amending sections

10  413.011, 413.014, 413.034, 413.051, 413.064, 413.066, and

11  413.067, Florida Statutes, shall take effect October 1, 2000.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2374

  3

  4  The committee substitute differs substantially and principally
    from Senate Bill 2374 in that the committee substitute:
  5
    -Creates the Division of Occupational Access and Opportunity
  6  within the Department of Education and establishes the
    Occupational Access and Opportunity Commission (commission) as
  7  the director of the new division, effective July 1, 2000;

  8  -Prescribes that effective July 1, 2000, the Department of
    Education is the designated state agency for purposes of
  9  compliance with the federal Rehabilitation Act of 1973, as
    amended; effective October 1, 2000, the commission will become
10  the designated state agency;

11  -Provides that effective July 1, 2000, the Division of
    Occupational Access and Opportunity will be the designated
12  state unit for purposes of the federal Rehabilitation Act of
    1973, as amended;
13
    -Transfers the Division of Vocational Rehabilitation within
14  the Department of Labor and Employment Security (DLES) to the
    Division of Occupational Access and Opportunity, effective
15  July 1, 2000; and requires a reduction in the number of
    positions to 700 upon transfer; a further reduction to 300
16  positions is required by October 1, 2000;

17  -Changes the date from July 1, 2000, to January 1, 2001, for
    development and and implementation of a 5-year plan by the
18  commission;

19  -Transfers the Division of Blind Services within DLES to the
    Department of Management Services, effective July 1, 2000; and
20  requires a 25-percent reduction in the number of division
    staff who do not provide direct services;
21
    -Renames the Advisory Council for the Blind the Florida
22  Rehabilitation Council for Blind Services and removes certain
    planning and policy activities from the Division of Blind
23  Services, requiring these activities to be done by the
    council; and;
24
    -Requires that a 5-year plan be prepared by the Florida
25  Rehabilitation Council for Blind Services; this plan must
    require the Division of Blind Services to enter into
26  cooperative agreements with community-based rehabilitation
    programs to be the service providers.
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