Senate Bill 2374c2
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By the Committees on Governmental Oversight and Productivity;
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
3
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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.
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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 an executive 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.--Upon contracting with the
31 corporation If the commission elects to 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
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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.--
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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 vocational rehabilitation program The division must
22 comply with the transitional direction of the plan. If the
23 commission designates an administrative entity other than the
24 division, all powers, duties, and functions of and all related
25 records, property, and equipment and all contractual rights,
26 obligations of, and unexpended balances of appropriations and
27 other funds or allocations of the division's component
28 programs of the Department of Labor and Employment Security
29 shall be transferred to the Department of Education by a type
30 two transfer commission as provided in the plan, pursuant to
31 s. 20.06(2) and shall become the Division of Occupational
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1 Access and Opportunity. The commission and the Department of
2 Education, in establishing the Division of Occupational Access
3 and Opportunity, may establish no more than 700 positions
4 inclusive of those positions leased by the corporation. These
5 positions may be filled by former employees of the Division of
6 Vocational Rehabilitation. By October 1, 2000, the division
7 shall reduce the number of positions to no more than 300. If
8 unforeseen transition activities occur in moving service
9 delivery from division employees to community rehabilitation
10 providers and create situations negatively affecting client
11 services, and the remedy to those temporary situations would
12 require more than 300 positions, the division may request a
13 budget amendment to retain positions. The request must provide
14 full justification for the continuation and include the number
15 of positions and duration of time required. In no instance
16 shall the time required exceed 3 months. The Department of
17 Labor and Employment Security shall assist the commission in
18 carrying out the intent of this chapter and achieving an
19 orderly transition. The Office of Planning and Budget shall
20 submit the necessary budget amendments to the Legislature in
21 order to bring the budget into compliance with the plan.
22 Section 12. Section 413.91, Florida Statutes, is
23 amended to read:
24 413.91 Service providers; quality assurance and
25 fitness for responsibilities.--The Occupational Access and
26 Opportunity Commission shall assure that all contractors the
27 designated administrative entity and providers of direct
28 service maintain an internal system of quality assurance, have
29 proven functional systems, and are subject to a due-diligence
30 inquiry for their fitness to undertake service
31
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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.
12
13 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
14 CS/SB 2374
15
16 Changes title of director employed by the commission from
"division director" to "executive director."
17
Makes a technical change noting that the vocational
18 rehabilitation program, and not the Division of Vocational
Rehabilitation, is transferred.
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