House Bill hb1825

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    Florida House of Representatives - 2002                HB 1825

        By Representative McGriff






  1                      A bill to be entitled

  2         An act relating to vocational rehabilitation;

  3         amending s. 413.20, F.S.; defining terms;

  4         creating s. 413.206, F.S.; requiring the

  5         Division of Vocational Rehabilitation to

  6         develop a 5-year plan relating to general

  7         vocational rehabilitation programs; providing

  8         requirements for the contents of the plan;

  9         creating s. 413.208, F.S.; providing for

10         service providers' quality-assurance and

11         fitness for their responsibilities; amending s.

12         413.405, F.S.; redesignating the Rehabilitation

13         Advisory Council as the Rehabilitation Council;

14         revising council membership and duties;

15         requiring the council to submit reports to the

16         Governor and to legislative leaders; amending

17         ss. 413.445, 413.615, F.S.; revising

18         cross-references to conform to the division's

19         transfer from the Department of Labor and

20         Employment Security to the Department of

21         Education; requiring the Office of Program

22         Policy Analysis and Government Accountability

23         to conduct a review of the progress made by the

24         division and to prepare a report by a specified

25         time; providing an effective date.

26

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

28

29         Section 1.  Section 413.20, Florida Statutes, is

30  amended to read:

31         413.20  Definitions.--As used in this part, the term:

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  1         (1)  "Act" means the Rehabilitation Act of 1973, as

  2  amended.

  3         (2)  "Activity of daily living" means an activity

  4  required on a frequent basis that permits an individual to

  5  secure or maintain independence. Such activities include, but

  6  are not limited to, personal home care, transportation,

  7  personal assistance services, housekeeping, shopping,

  8  attending school, communication, and employment.

  9         (3)  "Assessment for determining eligibility and

10  vocational rehabilitation needs" means a review of existing

11  data to determine whether an individual is eligible for

12  vocational rehabilitation services and to assign the priority,

13  and, to the extent additional data is necessary to make such

14  determination and assignment, a preliminary assessment of such

15  data, including the provision of goods and services during

16  such assessment. If additional data is necessary, the division

17  must make a comprehensive assessment of the unique strengths,

18  resources, priorities, concerns, abilities, capabilities,

19  interests, and informed choice needs, including the need for

20  supported employment, of an eligible individual to make a

21  determination of the goals, objectives, nature, and scope of

22  vocational rehabilitation services to be included in the

23  individualized plan for employment written rehabilitation

24  program of the individual.

25         (4)  "Center for independent living" means a

26  consumer-controlled, community-based, cross-disability,

27  nonresidential, private, nonprofit organization designed and

28  operated within a local community by persons who have

29  disabilities to provide an array of independent living

30  services.

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  1         (5)  "Community rehabilitation program" means a program

  2  that provides directly or facilitates the provision of one or

  3  more services to individuals who have a disability to enable

  4  them to maximize their opportunities for employment, including

  5  career advancement.

  6         (6)(5)  "Department" means the Department of Education

  7  Labor and Employment Security.

  8         (7)(6)  "Disability" means a physical or mental

  9  impairment that constitutes or results in a substantial

10  impediment to employment.

11         (8)(7)  "Division" means the Division of Vocational

12  Rehabilitation of the Department of Education Labor and

13  Employment Security.

14         (8)  "Emergency medical evacuation system" means a

15  division-approved transportation system that provides timely

16  skilled emergency care and movement of persons believed to

17  have suffered brain or spinal cord injuries.

18         (9)  "Employment outcome" means, with respect to an

19  individual, entering or retaining full-time or, if

20  appropriate, part-time competitive employment in the

21  integrated labor market to the greatest extent practicable;

22  supported employment; or any other type of employment

23  including self-employment, telecommuting, or business

24  ownership, which is consistent with an individual's strengths,

25  resources, priorities, concerns, abilities, capabilities,

26  interests, and informed choice or satisfying any other

27  vocational outcome the secretary may determine to be

28  consistent with the act.

29         (10)  "Extended services" means one or more ongoing

30  support services and other appropriate services needed to

31  support and maintain a person who has a most significant

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  1  severe disability in supported employment and to assist an

  2  eligible person in maintaining integrated and competitive

  3  employment. Extended services are based upon a determination

  4  of the needs of the eligible person as specified in the

  5  person's individualized written rehabilitation program and are

  6  provided by a state agency, a nonprofit private organization,

  7  an employer, or any other appropriate resource after the

  8  person has made the transition from support provided by the

  9  department.

10         (11)  "Independent living core services" means

11  informational and referral services; independent living skills

12  training; peer counseling, including cross-disability peer

13  counseling; and individual and systems advocacy.

14         (12)  "Independent living services" means any

15  appropriate rehabilitation service that will enhance the

16  ability of a person who has a severe disability to live

17  independently, to function within her or his family and

18  community and, if appropriate, to secure and maintain

19  employment. Services may include, but are not limited to,

20  psychological counseling and psychotherapeutic counseling;

21  independent living care services; community education and

22  related services; housing assistance; physical and mental

23  restoration; personal attendant care; transportation; personal

24  assistance services; interpretive services for persons who are

25  deaf; recreational activities; services to family members of

26  persons who have severe disabilities; vocational and other

27  training services; telecommunications services; sensory and

28  other technological aids and devices; appropriate preventive

29  services to decrease the needs of persons assisted under the

30  program; and other rehabilitation services appropriate for the

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  1  independent living needs of a person who has a severe

  2  disability.

  3         (13)  "Limiting disability" means a physical condition

  4  that constitutes, contributes to, or, if not corrected, will

  5  result in an impairment of one or more activities of daily

  6  living but does not result in an individual qualifying as a

  7  person who has a disability.

  8         (14)  "Occupational license" means any license, permit,

  9  or other written authority required by any governmental unit

10  to be obtained in order to engage in an occupation.

11         (15)  "Ongoing support services" means services

12  provided at a twice-monthly minimum to persons who have a most

13  significant disability severe disabilities, to:

14         (a)  Make an assessment regarding the employment

15  situation at the worksite of each individual in supported

16  employment or, under special circumstances at the request of

17  the individual, offsite.

18         (b)  Based upon the assessment, provide for the

19  coordination or provision of specific intensive services, at

20  or away from the worksite, that are needed to maintain the

21  individual's employment stability.

22

23  The ongoing support services may consist of, but are not

24  limited to, the provision of skilled job trainers who

25  accompany the individual for intensive job-skill training at

26  the worksite, job development and placement, social skills

27  training, followup services, and facilitation of natural

28  supports at the worksite.

29         (16)  "Person who has a disability" means an individual

30  who has a physical or mental impairment that, for the

31  individual, constitutes or results in a substantial impediment

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  1  to employment and who can therefore benefit in terms of an

  2  employment outcome from vocational rehabilitation services.

  3  The term encompasses the terms "person who has a significant

  4  disability" and term "person who has a most significant severe

  5  disability."

  6         (17)  "Person who has a significant severe disability"

  7  means an individual who has a disability that is a severe

  8  physical or mental impairment that seriously limits one or

  9  more functional capacities, such as mobility, communication,

10  self-care, self-direction, interpersonal skills, work

11  tolerance, or work skills, in terms of an employment outcome;

12  whose vocational rehabilitation may be expected to require

13  multiple vocational rehabilitation services over an extended

14  period of time; and who has one or more physical or mental

15  disabilities resulting from amputation, arthritis, autism,

16  blindness, burn injury, cancer, cerebral palsy, cystic

17  fibrosis, deafness, head injury, heart disease, hemiplegia,

18  hemophilia, respiratory or pulmonary dysfunction, mental

19  retardation, mental illness, multiple sclerosis, muscular

20  dystrophy, musculoskeletal disorder, neurological disorder,

21  including stroke and epilepsy, paraplegia, quadriplegia, or

22  other spinal cord condition, sickle-cell anemia, specific

23  learning disability, end-stage renal disease, or another

24  disability or a combination of disabilities that is

25  determined, after an assessment for determining eligibility

26  and vocational rehabilitation needs, to cause comparable

27  substantial functional limitation.

28         (18)  "Person who has a most significant disability"

29  means an individual who has a significant disability who meets

30  the designated state unit's criteria for an individual who has

31  a most significant disability.

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  1         (19)(18)  "Personal assistance services" means a range

  2  of services, provided by one or more persons, designed to

  3  assist a person who has a disability to perform daily living

  4  activities on or off the job that the individual would

  5  typically perform if the individual did not have a disability.

  6  Such services shall be designed to increase the individual's

  7  control in life and ability to perform everyday activities on

  8  or off the job.

  9         (20)(19)  "Physical and mental restoration" means any

10  medical, surgical, or therapeutic treatment necessary to

11  correct or substantially modify a physical or mental condition

12  that is stable or slowly progressive and constitutes an

13  impediment to employment, but is of such nature that it can

14  such correction or modification may reasonably be expected to

15  correct or modify eliminate or reduce such impediment to

16  employment within a reasonable length of time, including, but

17  not limited to, medical, psychiatric, dental, and surgical

18  treatment, nursing services, hospital care in connection with

19  surgery or treatment, convalescent home care, drugs, medical

20  and surgical supplies, and prosthetic and orthotic devices.

21         (21)(20)  "Rehabilitation" means those events and

22  processes occurring after injury and progressing to ultimate

23  stabilization and maximum possible recovery.

24         (21)  "Rehabilitation center" means a division-approved

25  facility providing intermediate care that stresses

26  rehabilitation for persons who have brain or spinal cord

27  injuries.

28         (22)  "Rehabilitation service" means any service,

29  provided directly or indirectly through public or private

30  agencies, found by the division to be necessary to enable a

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  1  person who has a limiting disability to engage in competitive

  2  employment.

  3         (23)  "Rules" means rules adopted made by the

  4  department and promulgated in the manner prescribed by law.

  5         (24)  "Secretary" means the secretary of the Department

  6  of Labor and Employment Security.

  7         (24)(25)  "State plan" means the state plan approved by

  8  the Federal Government as qualifying for federal funds under

  9  the Rehabilitation Act of 1973, as amended. However, the term

10  "state plan," as used in ss. 413.39-413.401, means the State

11  Plan for Independent Living Rehabilitative Services under

12  Title VII(A) of the Rehabilitation Act of 1973, as amended.

13         (25)(26)  "Supported employment" means competitive work

14  in integrated working settings for persons who have severe

15  disabilities and for whom competitive employment has not

16  traditionally occurred or for whom competitive employment has

17  been interrupted or is intermittent as a result of a severe

18  disability. Persons who have severe disabilities requiring

19  supported employment need intensive supported employment

20  services or extended services in order to perform such work.

21         (26)(27)  "Supported employment services" means ongoing

22  support services and other appropriate services needed to

23  support and maintain a person who has a severe disability in

24  supported employment. Supported employment services are based

25  upon a determination of the needs of the eligible individual

26  as specified in the person's individualized written

27  rehabilitation program. The services are provided singly or in

28  combination and are organized and made available in such a way

29  as to assist eligible individuals in entering or maintaining

30  integrated, competitive employment. The services are provided

31  for a period of time not to extend beyond 18 months, but can

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  1  be extended under special circumstances with the consent of

  2  the individual to achieve the objectives of the rehabilitation

  3  plan.

  4         (27)(28)  "Third-party coverage" means any claim for,

  5  right to receive payment for or any coverage for, the payment

  6  of any vocational rehabilitation and related services.

  7         (28)(29)  "Third-party payment" means any and all

  8  payments received or due as a result of any third-party

  9  coverage.

10         (29)(30)  "Transition services" means a coordinated set

11  of activities for a student, designed within an

12  outcome-oriented process, that promote movement from school to

13  postschool activities, including postsecondary education;

14  vocational training; integrated employment; including

15  supported employment; continuing and adult education; adult

16  services; independent living; or community participation. The

17  coordinated set of activities must be based upon the

18  individual student's needs, taking into account the student's

19  preferences and interests, and must include instruction,

20  community experiences, the development of employment and other

21  postschool adult living objectives, and, when appropriate,

22  acquisition of daily living skills and functional vocational

23  evaluation.

24         (30)(31)  "Transitional living facility" means a

25  state-approved facility as defined and licensed pursuant to

26  chapter 400 and division-approved in accord with this part.

27         (32)  "Trauma center" means a state-approved acute care

28  facility that provides diagnosis and treatment of persons who

29  have brain or spinal cord injuries.

30         (33)  "Traumatic injury" means:

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  1         (a)  A lesion to the spinal cord or cauda equina with

  2  evidence of significant involvement of two of the following

  3  deficits or dysfunctions:

  4         1.  Motor deficit.

  5         2.  Sensory deficit.

  6         3.  Bowel and bladder dysfunction; or

  7         (b)  An insult to the skull, brain, or its covering,

  8  resulting from external trauma which produces an altered state

  9  of consciousness or anatomic motor, sensory, cognitive, or

10  behavioral deficits.

11         (31)(34)  "Vocational rehabilitation" and "vocational

12  rehabilitation services" mean any service, provided directly

13  or through public or private instrumentalities, to enable an

14  individual or group of individuals to achieve an employment

15  outcome, including, but not limited to, medical and vocational

16  diagnosis, an assessment for determining eligibility and

17  vocational rehabilitation needs by qualified personnel;

18  counseling, guidance, and work-related placement services;

19  vocational and other training services; physical and mental

20  restoration services; maintenance for additional costs

21  incurred while participating in rehabilitation; interpreter

22  services for individuals who are deaf; recruitment and

23  training services to provide new employment opportunities in

24  the fields of rehabilitation, health, welfare, public safety,

25  law enforcement, and other appropriate service employment;

26  occupational licenses; tools, equipment, and initial stocks

27  and supplies; transportation; telecommunications, sensory, and

28  other technological aids and devices; rehabilitation

29  technology services; referral services designed to secure

30  needed services from other agencies; transition services;

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  1  on-the-job or other related personal assistance services; and

  2  supported employment services.

  3         (32)(35)  "Vocational rehabilitation and related

  4  services" means any services that are provided or paid for by

  5  the division.

  6         Section 2.  Section 413.206, Florida Statutes, is

  7  created to read:

  8         413.206  Five-year plan.--The division shall, by

  9  October 1, 2002, after identifying specific weaknesses in

10  service capacity and program performance and after consulting

11  with stakeholders, develop a 5-year plan that prioritizes any

12  additional initiatives, including privatization, according to

13  identified needs, and details the steps needed to effectively

14  implement those initiatives, consistent with federal

15  requirements. The plan should provide that the division enter

16  into local public-private partnerships to the extent that

17  doing so is beneficial to increasing employment outcomes for

18  persons who have a disability and ensuring their full

19  involvement in the comprehensive workforce investment system.

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

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

22         (1)  The plan must:

23         (a)  Promote innovative contracts that upgrade or

24  enhance direct services to Floridians who have a disability.

25  Contracts must be evaluated on need and cost and must be

26  performance-based.

27         (b)  Include recommendations regarding specific

28  performance standards and measurable outcomes and must outline

29  procedures for monitoring the implementation of the plan. The

30  division shall annually report to the Governor, the President

31  of the Senate, and the Speaker of the House of Representatives

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  1  the progress that has been made toward achieving the

  2  objectives set forth in the plan.

  3         (2)  The division shall work with the employer

  4  community to assist that community to better define, address,

  5  and meet its business needs by employing qualified Floridians

  6  who have a disability.

  7         Section 3.  Section 413.208, Florida Statutes, is

  8  created to read:

  9         413.208  Service providers; quality-assurance and

10  fitness for responsibilities.--The Division of Vocational

11  Rehabilitation shall assure that providers of direct service

12  maintain an internal system of quality-assurance, have proven

13  functional systems, and are subject to a due-diligence inquiry

14  as to their fitness to undertake service responsibilities,

15  regardless of whether a contract for services is procured

16  competitively or noncompetitively.

17         Section 4.  Section 413.405, Florida Statutes, is

18  amended to read:

19         413.405  Rehabilitation Advisory Council.--There is

20  created the Rehabilitation Advisory Council to assist the

21  division in the planning and development of statewide

22  rehabilitation programs and services, to recommend

23  improvements to such programs and services, and to perform the

24  functions listed in this section.

25         (1)  The council shall be composed of:

26         (a)  At least one representative of the Independent

27  Living Council, which representative may be the chairperson or

28  other designee of the council.

29         (b)  At least one representative of a parent training

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

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

  2  1431(c)(9).

  3         (c)  At least one representative of the client

  4  assistance program established under s. 112 of the act.

  5         (d)  At least one vocational rehabilitation counselor

  6  who has knowledge of and experience in vocational

  7  rehabilitation services, who shall serve as an ex officio,

  8  nonvoting member of the council if the counselor is an

  9  employee of the department.

10         (e)  At least one representative of community

11  rehabilitation program service providers.

12         (f)  At least four representatives of business,

13  industry, and labor.

14         (g)  Representatives of disability advocacy groups

15  representing a cross-section of:

16         1.  Persons who have physical, cognitive, sensory, or

17  mental disabilities.

18         2.  Parents, family members, guardians, advocates, or

19  authorized representatives of persons who have disabilities

20  and who find it difficult to or are unable due to their

21  disabilities to represent themselves.

22         (h)  Current or former applicants for, or recipients

23  of, vocational rehabilitation services.

24         (i)  The director of the division, who shall be an ex

25  officio member of the council.

26         (j)  At least one representative of the state

27  educational agency responsible for the public education of

28  students who have a disability and who are eligible to receive

29  vocational rehabilitation services and services under the

30  Individuals with Disabilities Education Act.

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  1         (k)  At least one representative of the state workforce

  2  investment board.

  3         (2)  Other individuals who have a disability,

  4  representatives of state government, local government,

  5  employers, community organizations, and members of the former

  6  Occupational Access and Opportunity Commission may be

  7  considered for council membership.

  8         (3)(2)  Total membership on the council, excluding

  9  including ex officio members, shall be no fewer than 15 not

10  exceed 19 at any one time.

11         (4)(3)  Members of the council shall be appointed by

12  the Governor, who shall select members after soliciting

13  recommendations from representatives of organizations

14  representing a broad range of individuals who have

15  disabilities and organizations interested in those

16  individuals. In selecting members, the extent to which

17  minority populations are represented must be considered to the

18  greatest extent practicable.

19         (5)(4)  A majority of council members shall be persons

20  who are:

21         (a)  Individuals who have a physical or mental

22  impairment that substantially limits one or more of the

23  person's major life activities; have a record of such an

24  impairment; or are regarded as having such an impairment

25  disabilities described in s. 7(8)(B) of the act.

26         (b)  Not employed by the division.

27         (6)(5)  The council shall select a chairperson from

28  among the membership of the council.

29         (7)(6)  Each member of the council shall serve for a

30  term of not more than 3 years, except that:

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

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

  3  was appointed shall be appointed for the remainder of such

  4  term.

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

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

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

  8  terms on a staggered basis.

  9

10  No member of the council may serve more than two consecutive

11  full terms.

12         (8)(7)  Any vacancy occurring in the membership of the

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

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

15  remaining members to execute the duties of the council.

16         (9)(8)  In addition to the other functions specified in

17  this section, the council shall, after consulting with the

18  state workforce investment board:

19         (a)  Review, analyze, and advise the division regarding

20  the performance of the responsibilities of the division under

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

22         1.  Eligibility, including order of selection.

23         2.  The extent, scope, and effectiveness of services

24  provided.

25         3.  Functions performed by state agencies that affect

26  or potentially affect the ability of individuals who have

27  disabilities to achieve rehabilitation goals and objectives

28  under Title I.

29         (b)  In partnership with the division:

30         1.  Develop, agree to, and review state goals and

31  priorities in accordance with 34 C.F.R. 361.29(c); and

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  1         2.  Evaluate the effectiveness of the vocational

  2  rehabilitation program and submit reports of progress to the

  3  Governor, the President of the Senate, the Speaker of the

  4  House of Representatives, and the Secretary of the United

  5  States Department of Education in accordance with 34 C.F.R.

  6  361.29(e).

  7         (c)(b)  Advise the department and the division and, at

  8  the discretion of the department or division, assist in the

  9  preparation of applications, the state plan the strategic

10  plan, and amendments to the plan plans, applications, reports,

11  needs assessments, and evaluations required by Title I.

12         (c)  To the extent feasible, conduct a review and

13  analysis of the effectiveness of, and consumer satisfaction

14  with:

15         1.  The functions performed by state agencies and other

16  public and private entities responsible for performing

17  functions for individuals who have disabilities.

18         2.  Vocational rehabilitation services:

19         a.  Provided or paid for from funds made available

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

21         b.  Provided by state agencies and other public and

22  private entities responsible for providing vocational

23  rehabilitation services to individuals who have disabilities.

24         (d)  Prepare and submit an annual report on the status

25  of vocational rehabilitation services in the state to the

26  Governor, the President of the Senate, the Speaker of the

27  House of Representatives, and the Secretary of the United

28  States Department of Education and the Commissioner of the

29  Rehabilitative Services Administration, established under s.

30  702 of the act, and make the report available to the public.

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  1         (e)  Coordinate with other councils within Florida,

  2  including the Independent Living Council, the advisory panel

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

  4  Disabilities Education Act, 20 U.S.C. s. 1413(a)(12), the

  5  State Planning Council described in s. 124 of the

  6  Developmental Disabilities Assistance and Bill of Rights Act,

  7  42 U.S.C. s. 6024, and the state mental health planning

  8  council established under s. 1916(e) of the Public Health

  9  Service Act, 42 U.S.C. s. 300x-4(e), and the state workforce

10  investment board.

11         (f)  Advise the department and division and provide for

12  coordination and the establishment of working relationships

13  among the department, the division, the Independent Living

14  Council, and centers for independent living in the state.

15         (g)  Perform such other functions as the council

16  determines to be appropriate that are comparable to functions

17  performed by the council.

18         (10)(9)(a)  The council shall prepare, in conjunction

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

20  including at least four staff persons, as may be necessary to

21  carry out the functions of the council. The resource plan

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

23  resources in existence during the period of implementation of

24  the plan.

25         (b)  If there is a disagreement between the council and

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

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

28  disagreement shall be resolved by the Governor.

29         (c)  The council shall, consistent with law, supervise

30  and evaluate such staff and other personnel as may be

31  necessary to carry out its functions.

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  1         (d)  While assisting the council in carrying out its

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

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

  4  create a conflict of interest.

  5         (11)(10)  The council shall convene at least four

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

  7  as the council deems necessary to conduct council business.

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

  9  considers appropriate. The meetings, hearings, and forums

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

11  accessible to the public unless there is a valid reason for an

12  executive session. The council shall make a report of each

13  meeting which shall include a record of its discussions and

14  recommendations, all of which reports shall be made available

15  to the public.

16         (12)(11)  The council shall reimburse members of the

17  council for reasonable and necessary expenses of attending

18  council meetings and performing council duties, including

19  child care and personal assistance services, as provided in

20  and subject to the requirements of s. 112.061. The council may

21  pay reasonable compensation to a member of the council if such

22  member is not employed or must forfeit wages from other

23  employment for each day the member is engaged in performing

24  the duties of the council.

25         Section 5.  Subsection (1) of section 413.445, Florida

26  Statutes, is amended to read:

27         413.445  Recovery of third-party payments for

28  vocational rehabilitation and related services.--

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

30  rehabilitation and related services" means any services that

31  which are provided or paid for by the Division of Vocational

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  1  Rehabilitation of the Department of Education Labor and

  2  Employment Security.

  3         Section 6.  Subsection (12) of section 413.615, Florida

  4  Statutes, is amended to read:

  5         413.615  Florida Endowment for Vocational

  6  Rehabilitation.--

  7         (12)  ANNUAL REPORT.--The board shall issue a report to

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

  9  House of Representatives, and the Commissioner of Education

10  Secretary of Labor and Employment Security by February 1 each

11  year, summarizing the performance of the endowment fund for

12  the previous fiscal year, summarizing the foundation's

13  fundraising activities and performance, and detailing those

14  activities and programs supported by the endowment principal

15  or earnings on the endowment principal or by bequests, gifts,

16  grants, donations, and other valued goods and services

17  received.

18         Section 7.  Before the 2005 Regular Session of the

19  Legislature, the Office of Program Policy Analysis and

20  Government Accountability shall conduct a review of and

21  prepare a report on the progress of the Division of Vocational

22  Rehabilitation of the Department of Education.

23         Section 8.  This act shall take effect July 1, 2002.

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  2                          SENATE SUMMARY

  3    Defines terms relating to vocational rehabilitation.
      Requires the Division of Vocational Rehabilitation to
  4    develop a 5-year plan relating to general vocational
      rehabilitation programs. Provides requirements for the
  5    contents of the plan. Provides for service providers'
      quality-assurance and fitness for their responsibilities.
  6    Redesignates the Rehabilitation Advisory Council as the
      Rehabilitation Council. Revises council membership and
  7    duties. Requires the council to submit reports to the
      Governor and to legislative leaders. Revises
  8    cross-references to conform to the division's transfer
      from the Department of Labor and Employment Security to
  9    the Department of Education. Requires the Office of
      Program Policy Analysis and Government Accountability to
10    conduct a review of the division's progress and to
      prepare a report before the 2005 Regular Session of the
11    Legislature.

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