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  1

  2         An act relating to services for persons who

  3         have disabilities; amending ss. 20.15, 20.171,

  4         229.003, 229.004, and 229.0073, F.S.;

  5         conforming organizational provisions to the

  6         transfer of the Division of Vocational

  7         Rehabilitation and the Division of Blind

  8         Services from the Department of Labor and

  9         Employment Security to the Department of

10         Education; providing for establishment and

11         oversight of the divisions within the

12         reorganized state education system; amending s.

13         413.20, F.S.; revising definitions under pt. II

14         of ch. 413, F.S., relating to vocational

15         rehabilitation programs; creating s. 413.201,

16         F.S.; providing that the Department of

17         Education is the designated state agency for

18         implementing federal vocational rehabilitation

19         requirements; creating s. 413.202, F.S.;

20         providing that the Division of Vocational

21         Rehabilitation is the designated administrative

22         unit for such implementation; creating s.

23         413.203, F.S.; providing legislative intent and

24         procedure with respect to conflicting laws;

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

26         Division of Vocational Rehabilitation to

27         develop a 5-year plan relating to general

28         vocational rehabilitation programs; providing

29         requirements for the contents of the plan;

30         requiring annual reports; creating s. 413.207,

31         F.S.; providing quality assurance and


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  1         performance requirements for the Division of

  2         Vocational Rehabilitation; creating s. 413.208,

  3         F.S.; providing for service providers' quality

  4         assurance and fitness for their

  5         responsibilities; amending s. 413.23, F.S.;

  6         revising provisions relating to the federally

  7         required state plan for administration of

  8         vocational rehabilitation services; amending s.

  9         413.395, F.S.; clarifying reporting

10         requirements of the Florida Independent Living

11         Council; revising references to conform to

12         changes made by the act; amending s. 413.405,

13         F.S.; renaming the Rehabilitation Advisory

14         Council as the Florida Rehabilitation Council;

15         revising council membership and duties;

16         requiring the council to submit reports to the

17         Governor, Legislature, and United States

18         Secretary of Education; amending ss. 11.45,

19         90.6063, 215.311, 394.75, 395.404, 410.0245,

20         410.604, 413.034, 413.051, 413.064, 413.066,

21         413.067, 413.091, 413.092, 413.401, 413.445,

22         413.615, and 944.012, F.S.; revising language

23         and references to conform to changes made by

24         the act; requiring the Office of Program Policy

25         Analysis and Government Accountability to

26         conduct a review of the progress of the

27         Division of Vocational Rehabilitation and to

28         prepare a report; repealing pt. III of ch. 413,

29         F.S., and s. 445.024(8), F.S., relating to

30         creation and duties of the Occupational Access

31


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  1         and Opportunity Commission; providing an

  2         effective date.

  3

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

  5

  6         Section 1.  Subsection (3) of section 20.15, Florida

  7  Statutes, is amended to read:

  8         20.15  Department of Education.--There is created a

  9  Department of Education.

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

11  Department of Education are established:

12         (a)  Division of Community Colleges.

13         (b)  Division of Public Schools and Community

14  Education.

15         (c)  Division of Universities.

16         (d)  Division of Workforce Development.

17         (e)  Division of Professional Educators.

18         (f)  Division of Administration.

19         (g)  Division of Financial Services.

20         (h)  Division of Support Services.

21         (i)  Division of Technology.

22         (j)  Division of Blind Services.

23         (k)  Division of Vocational Rehabilitation.

24         Section 2.  Paragraph (b) of subsection (4) and

25  paragraph (c) of subsection (5) of section 20.171, Florida

26  Statutes, are amended to read:

27         20.171  Department of Labor and Employment

28  Security.--There is created a Department of Labor and

29  Employment Security. The department shall operate its programs

30  in a decentralized fashion.

31         (4)


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  1         (b)  The assistant secretary is responsible for

  2  developing, monitoring, and enforcing policy and managing

  3  major technical programs and supervising the Bureau of Appeals

  4  of the Division of Unemployment Compensation. The

  5  responsibilities and duties of the position include, but are

  6  not limited to, the following functional areas:

  7         1.  Workers' compensation management and policy

  8  implementation.

  9         2.  Unemployment compensation management and policy

10  implementation.

11         3.  Blind services management and policy

12  implementation.

13         3.4.  Oversight of the five field offices and any local

14  offices.

15         (5)  The following divisions are established and shall

16  be headed by division directors who shall be supervised by and

17  shall be responsible to the Assistant Secretary for Programs

18  and Operations:

19         (c)  Division of Vocational Rehabilitation.

20         Section 3.  Paragraph (i) of subsection (5) of section

21  229.003, Florida Statutes, is amended to read:

22         229.003  Florida education governance reorganization.--

23         (5)  Effective July 1, 2001:

24         (i)  Notwithstanding the provisions of s. 20.15, the

25  Commissioner of Education and the Secretary of the Florida

26  Board of Education shall work together to commence the

27  reorganization of the Department of Education in accordance

28  with s. 229.0073, which shall include an Office of the

29  Commissioner of Education comprised of the general areas of

30  operation that are common to all delivery sectors and, in

31  addition, shall include:


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  1         1.  The creation of an Office of Technology and

  2  Information Services, an Office of Workforce and Economic

  3  Development, an Office of Educational Facilities and SMART

  4  Schools Clearinghouse, and an Office of Student Financial

  5  Assistance.

  6         2.  The creation of a Division of Colleges and

  7  Universities.

  8         3.  The creation of a Division of Community Colleges.

  9         4.  The creation of a Division of Public Schools.

10         5.  The creation of a Division of Independent

11  Education.

12         6.  The creation of a Division of Vocational

13  Rehabilitation.

14         7.  The creation of a Division of Blind Services.

15         8.6.  The merger of the powers, duties, and staffs of

16  the State Board of Independent Colleges and Universities and

17  the State Board of Nonpublic Career Education, except as

18  relating to any independent nonprofit college or university

19  whose students are eligible to receive the William L. Boyd,

20  IV, Florida resident access grants pursuant to s. 240.605,

21  into a single Commission for Independent Education

22  administratively housed within the Division of Independent

23  Education.

24         Section 4.  Paragraphs (e) and (f) are added to

25  subsection (4) of section 229.004, Florida Statutes, to read:

26         229.004  Florida Board of Education.--

27         (4)  The board, through its secretary, with the

28  Commissioner of Education, shall be responsible for:

29         (e)  The work of the director of the Division of

30  Vocational Rehabilitation to establish and maintain optimal

31  efficiency of a Division of Vocational Rehabilitation within


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  1  the guidelines of s. 229.0073 and part II of chapter 413 and

  2  to achieve the mission and goals of part II of chapter 413.

  3         (f)  The work of the director of the Division of Blind

  4  Services to establish and maintain optimal efficiency of a

  5  Division of Blind Services within the guidelines of s.

  6  229.0073 and part I of chapter 413 and to achieve the mission

  7  and goals of part I of chapter 413.

  8         Section 5.  Paragraphs (e) and (f) are added to

  9  subsection (4) of section 229.0073, Florida Statutes, to read:

10         229.0073  Reorganization of the Department of

11  Education.--Effective July 1, 2001, notwithstanding the

12  provisions of s. 20.15, the secretary's Education

13  Reorganization Workgroup is established to direct and provide

14  oversight for the reorganization of Florida's K-20 Department

15  of Education. The workgroup shall be comprised of the

16  Secretary of the Florida Board of Education, the Commissioner

17  of Education, the Governor or his designee, the Chancellor of

18  Colleges and Universities, the Chancellor of Community

19  Colleges, the Chancellor of Public Schools, and the Executive

20  Director of Independent Education, who shall consult with the

21  legislative members of the Education Governance Reorganization

22  Transition Task Force. The reorganization shall:

23         (4)  Establish the following divisions within the

24  department:

25         (e)  Division of Vocational Rehabilitation.--The

26  designated administrative unit for the state's vocational

27  rehabilitation program.

28         (f)  Division of Blind Services.--The designated

29  administrative unit for services to blind persons.

30         Section 6.  Section 413.20, Florida Statutes, is

31  amended to read:


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  1         413.20  Definitions.--As used in this part, the term:

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

  3  amended.

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

  5  required on a frequent basis that permits an individual to

  6  secure or maintain independence. Such activities include, but

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

  8  personal assistance services, housekeeping, shopping,

  9  attending school, communication, and employment.

10         (3)  "Assessment for determining eligibility and

11  vocational rehabilitation needs" means a review of existing

12  data to determine whether an individual is eligible for

13  vocational rehabilitation services and to assign the priority,

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

15  determination and assignment, a preliminary assessment of such

16  data, including the provision of goods and services during

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

18  must make a comprehensive assessment of the unique strengths,

19  resources, priorities, concerns, abilities, capabilities,

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

21  supported employment, of an eligible individual to make a

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

23  vocational rehabilitation services to be included in the

24  individualized plan for employment written rehabilitation

25  program of the individual.

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

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

28  nonresidential, private, nonprofit organization designed and

29  operated within a local community by persons who have

30  disabilities to provide an array of independent living

31  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 persons who have disabilities to enable them

  4  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, that 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 plan for employment written

  6  rehabilitation program and are provided by a state agency, a

  7  nonprofit private organization, an employer, or any other

  8  appropriate resource after the person has made the transition

  9  from support provided by the 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

31


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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 a person who has a significant disability who meets the

30  designated administrative unit's criteria for a person 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 the

14  treatment can such correction or modification may reasonably

15  be expected to correct or modify eliminate or reduce such

16  impediment to employment within a reasonable length of time,

17  including, but not limited to, medical, psychiatric, dental,

18  and surgical treatment, nursing services, hospital care in

19  connection with surgery or treatment, convalescent home care,

20  drugs, medical and surgical supplies, and prosthetic and

21  orthotic devices.

22         (21)  "Program" means an agency, organization, or

23  institution, or a unit of an agency, organization, or

24  institution, that provides directly or facilitates the

25  provision of vocational rehabilitation services as one of its

26  major functions.

27         (22)(20)  "Rehabilitation" means those events and

28  processes occurring after injury and progressing to ultimate

29  stabilization and maximum possible recovery.

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

31  facility providing intermediate care that stresses


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  1  rehabilitation for persons who have brain or spinal cord

  2  injuries.

  3         (23)(22)  "Rehabilitation service" means any service,

  4  provided directly or indirectly through public or private

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

  6  person who has a limiting disability to engage in competitive

  7  employment.

  8         (24)(23)  "Rules" means rules adopted made by the

  9  department and promulgated in the manner prescribed by law.

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

11  of Labor and Employment Security.

12         (25)  "State plan" means the state plan approved by the

13  Federal Government as qualifying for federal funds under the

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

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

16  Plan for Independent Living Rehabilitative Services under

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

18         (26)  "Supported employment" means competitive work in

19  integrated working settings for persons who have severe

20  disabilities and for whom competitive employment has not

21  traditionally occurred or for whom competitive employment has

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

23  disability. Persons who have severe disabilities requiring

24  supported employment need intensive supported employment

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

26         (27)  "Supported employment services" means ongoing

27  support services and other appropriate services needed to

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

29  supported employment. Supported employment services are based

30  upon a determination of the needs of the eligible individual

31  as specified in the person's individualized written


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  1  rehabilitation program. The services are provided singly or in

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

  3  as to assist eligible individuals in entering or maintaining

  4  integrated, competitive employment. The services are provided

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

  6  be extended under special circumstances with the consent of

  7  the individual to achieve the objectives of the rehabilitation

  8  plan.

  9         (28)  "Third-party coverage" means any claim for, right

10  to receive payment for or any coverage for, the payment of any

11  vocational rehabilitation and related services.

12         (29)  "Third-party payment" means any and all payments

13  received or due as a result of any third-party coverage.

14         (30)  "Transition services" means a coordinated set of

15  activities for a student, designed within an outcome-oriented

16  process, that promote movement from school to postschool

17  activities, including postsecondary education; vocational

18  training; integrated employment; including supported

19  employment; continuing and adult education; adult services;

20  independent living; or community participation. The

21  coordinated set of activities must be based upon the

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

23  preferences and interests, and must include instruction,

24  community experiences, the development of employment and other

25  postschool adult living objectives, and, when appropriate,

26  acquisition of daily living skills and functional vocational

27  evaluation.

28         (31)  "Transitional living facility" means a

29  state-approved facility as defined and licensed pursuant to

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

31


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

  2  facility that provides diagnosis and treatment of persons who

  3  have brain or spinal cord injuries.

  4         (33)  "Traumatic injury" means:

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

  6  evidence of significant involvement of two of the following

  7  deficits or dysfunctions:

  8         1.  Motor deficit.

  9         2.  Sensory deficit.

10         3.  Bowel and bladder dysfunction; or

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

12  resulting from external trauma which produces an altered state

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

14  behavioral deficits.

15         (32)(34)  "Vocational rehabilitation" and "vocational

16  rehabilitation services" mean any service, provided directly

17  or through public or private instrumentalities, to enable an

18  individual or group of individuals to achieve an employment

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

20  diagnosis, an assessment for determining eligibility and

21  vocational rehabilitation needs by qualified personnel;

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

23  vocational and other training services; physical and mental

24  restoration services; maintenance for additional costs

25  incurred while participating in rehabilitation; interpreter

26  services for individuals who are deaf; recruitment and

27  training services to provide new employment opportunities in

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

29  law enforcement, and other appropriate service employment;

30  occupational licenses; tools, equipment, and initial stocks

31  and supplies; transportation; telecommunications, sensory, and


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  1  other technological aids and devices; rehabilitation

  2  technology services; referral services designed to secure

  3  needed services from other agencies; transition services;

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

  5  supported employment services.

  6         (33)(35)  "Vocational rehabilitation and related

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

  8  the division.

  9         Section 7.  Section 413.201, Florida Statutes, is

10  created to read:

11         413.201  Designated state agency.--Effective on the

12  effective date of this act, for the purposes of effecting

13  compliance with the Vocational Rehabilitation Act of 1973, as

14  amended, the Department of Education is designated the

15  official state agency.

16         Section 8.  Section 413.202, Florida Statutes, is

17  created to read:

18         413.202  Designated administrative unit.--Effective on

19  the effective date of this act, for the purposes of effecting

20  compliance with the Vocational Rehabilitation Act of 1973, as

21  amended, the Division of Vocational Rehabilitation is

22  designated as the administrative unit.

23         Section 9.  Section 413.203, Florida Statutes, is

24  created to read:

25         413.203  Conflict of laws.--It is the intent of the

26  Legislature that the provisions of this part not conflict with

27  any federal statute or implementing regulation governing

28  federal grant-in-aid programs administered by the Division of

29  Vocational Rehabilitation. Wherever such a conflict is

30  asserted by the applicable agency of the Federal Government,

31  the Department of Education shall submit to the United States


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  1  Department of Education, or other applicable federal agency, a

  2  request for a favorable policy interpretation of the

  3  conflicting portions.

  4         Section 10.  Section 413.206, Florida Statutes, is

  5  created to read:

  6         413.206  Five-year plan.--The division shall, by

  7  October 1, 2002, after identifying specific weaknesses in

  8  service capacity and program performance and after consulting

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

10  additional initiatives for the provision of vocational

11  rehabilitation services, including privatization, according to

12  identified needs, and details the steps needed to effectively

13  implement those initiatives, consistent with federal

14  requirements. The plan shall provide that the division, to the

15  extent that it is cost-efficient and cost-effective and

16  increases employment outcomes for persons who have

17  disabilities, enter into local agreements or contracts with

18  community-based rehabilitation providers to be the service

19  providers for the vocational rehabilitation program, except

20  for those services and activities that are federally required.

21  The plan must ensure the full involvement of persons who have

22  disabilities in the comprehensive workforce development

23  system. The plan shall be submitted to the Governor, the

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

25  Representatives.

26         (1)  The plan shall:

27         (a)  Promote innovative contracts that upgrade or

28  enhance direct services to persons who have a disability.

29  Contracts shall be evaluated with respect to need and cost and

30  shall be performance-based.

31


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  1         (b)  Include recommendations regarding specific

  2  performance standards and measurable outcomes and shall

  3  outline procedures for monitoring the implementation of the

  4  plan. The division shall annually report to the Governor, the

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

  6  Representatives the progress that has been made toward

  7  achieving the objectives set forth in the plan.

  8         (2)  The division shall work with the employer

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

10  and meet its business needs by employing qualified persons who

11  have a disability.

12         Section 11.  Section 413.207, Florida Statutes, is

13  created to read:

14         413.207  Division of Vocational Rehabilitation; quality

15  assurance.--The Division of Vocational Rehabilitation shall

16  maintain an internal system of quality assurance, have proven

17  functional systems, perform due diligence, review provider

18  systems of quality assurance, and be subject to monitoring for

19  compliance with state and federal laws, rules, and

20  regulations.

21         Section 12.  Section 413.208, Florida Statutes, is

22  created to read:

23         413.208  Service providers; quality assurance and

24  fitness for responsibilities.--The Division of Vocational

25  Rehabilitation shall certify providers of direct service and

26  ensure that they maintain an internal system of quality

27  assurance, have proven functional systems, and are subject to

28  a due-diligence inquiry as to their fitness to undertake

29  service responsibilities, regardless of whether a contract for

30  services is procured competitively or noncompetitively.

31


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  1         Section 13.  Subsection (4) of section 413.23, Florida

  2  Statutes, is amended to read:

  3         413.23  Administration.--The division shall provide

  4  vocational rehabilitation services to persons who have

  5  disabilities determined to be eligible therefor and, in

  6  carrying out the purposes of this part, is authorized, among

  7  other things:

  8         (4)  To prepare a federally required state plan for

  9  vocational rehabilitation, as required by the act. The state

10  plan must contain all of the elements required by s. 101 of

11  the act, including an assessment of the needs of persons who

12  have disabilities and how those needs may be most effectively

13  met. The division is authorized to make amendments to the

14  state plan considered necessary to maintain compliance with

15  the act and to implement such changes in order to qualify for

16  and maintain federal funding. After completion of the state

17  plan or making amendments to the state plan, the division must

18  distribute copies of the state plan to the Governor, the

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

20  Representatives, and the United States Secretary of Education.

21         Section 14.  Subsections (1) and (9) and paragraphs (c)

22  and (e) of subsection (11) of section 413.395, Florida

23  Statutes, are amended to read:

24         413.395  Florida Independent Living Council.--

25         (1)  There is created the Florida Independent Living

26  Council to assist the division and the Division of Blind

27  Services of the Department of Education Labor and Employment

28  Security, as well as other state agencies and local planning

29  and administrative entities assisted under Title VII of the

30  act, in the expansion and development of statewide independent

31  living policies, programs, and concepts and to recommend


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  1  improvements for such programs and services. The council shall

  2  function independently of the division and, unless the council

  3  elects to incorporate as a not-for-profit corporation, is

  4  assigned to the division for administrative purposes only. The

  5  council may elect to be incorporated as a Florida corporation

  6  not for profit and, upon such election, shall be assisted in

  7  the incorporation by the division for the purposes stated in

  8  this section. The appointed members of the council may

  9  constitute the board of directors for the corporation.

10         (9)  The chairperson of the council shall also serve as

11  a member of the Florida Rehabilitation Advisory Council.

12         (11)  The council shall:

13         (c)  Coordinate activities with the Florida

14  Rehabilitation Advisory Council and other councils that

15  address the needs of specific disability populations and

16  issues under other federal law.

17         (e)  Submit to the Commissioner of the Federal

18  Rehabilitation Administration Services such periodic reports

19  as the commissioner may reasonably request and keep such

20  records, and afford access to such records, as the

21  commissioner finds necessary to verify such reports.

22         Section 15.  Section 413.401, Florida Statutes, is

23  amended to read:

24         413.401  Eligibility for independent living

25  services.--Independent living services may be provided to any

26  person who has a significant severe disability and for whom a

27  reasonable expectation exists that independent living services

28  will significantly assist the individual to improve her or his

29  ability to function independently within the family or

30  community, or to engage in or continue in employment, and to

31  be able to function independently.


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  1         Section 16.  Section 413.405, Florida Statutes, is

  2  amended to read:

  3         413.405  Florida Rehabilitation Advisory

  4  Council.--There is created the Florida Rehabilitation Advisory

  5  Council to assist the division in the planning and development

  6  of statewide rehabilitation programs and services, to

  7  recommend improvements to such programs and services, and to

  8  perform the functions listed in this section.

  9         (1)  The council shall be composed of:

10         (a)  At least one representative of the Independent

11  Living Council, which representative may be the chairperson or

12  other designee of the council.

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

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

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

16  1431(c)(9).

17         (c)  At least one representative of the client

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

19         (d)  At least one vocational rehabilitation counselor

20  who has knowledge of and experience in vocational

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

22  nonvoting member of the council if the counselor is an

23  employee of the department.

24         (e)  At least one representative of community

25  rehabilitation program service providers.

26         (f)  At least four representatives of business,

27  industry, and labor.

28         (g)  Representatives of disability advocacy groups

29  representing a cross-section of:

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

31  mental disabilities.


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

  2  authorized representatives of persons who have disabilities

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

  4  disabilities to represent themselves.

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

  6  of, vocational rehabilitation services.

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

  8  officio member of the council.

  9         (j)  At least one representative of the state

10  educational agency responsible for the public education of

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

12  vocational rehabilitation services and services under the

13  Individuals with Disabilities Education Act.

14         (k)  At least one representative of the board of

15  directors of Workforce Florida, Inc.

16         (2)  Other persons who have disabilities,

17  representatives of state and local government, employers,

18  community organizations, and members of the former

19  Occupational Access and Opportunity Commission may be

20  considered for council membership.

21         (3)(2)  Total membership on the council, excluding

22  including ex officio members, shall be no fewer than 15 and no

23  more than 25 not exceed 19 at any one time.

24         (4)(3)  Members of the council shall be appointed by

25  the Governor, who shall select members after soliciting

26  recommendations from representatives of organizations

27  representing a broad range of individuals who have

28  disabilities and organizations interested in those

29  individuals. In selecting members, the extent to which

30  minority populations are represented must be considered to the

31  greatest extent practicable.


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  1         (5)(4)  A majority of council members shall be persons

  2  who are:

  3         (a)  Individuals who have a physical or mental

  4  impairment that substantially limits one or more of the

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

  6  impairment; or who are regarded as having such an impairment

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

  8         (b)  Not employed by the division.

  9         (6)(5)  The council shall select a chairperson from

10  among the membership of the council.

11         (7)(6)  Each member of the council shall serve for a

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

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

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

15  was appointed shall be appointed for the remainder of such

16  term.

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

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

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

20  terms on a staggered basis.

21

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

23  full terms.

24         (8)(7)  Any vacancy occurring in the membership of the

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

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

27  remaining members to execute the duties of the council.

28         (9)(8)  In addition to the other functions specified in

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

30  board of directors of Workforce Florida, Inc.:

31


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

  2  the performance of the responsibilities of the division under

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

  4         1.  Eligibility, including order of selection.

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

  6  provided.

  7         3.  Functions performed by state agencies that affect

  8  or potentially affect the ability of individuals who have

  9  disabilities to achieve rehabilitation goals and objectives

10  under Title I.

11         (b)  In partnership with the division:

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

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

14         2.  Evaluate the effectiveness of the vocational

15  rehabilitation program and submit reports of progress to the

16  Governor, the President of the Senate, the Speaker of the

17  House of Representatives, and the United States Secretary of

18  Education in accordance with 34 C.F.R. 361.29(e).

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

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

21  preparation of applications, the state plan the strategic

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

23  needs assessments, and evaluations required by Title I.

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

25  analysis of the effectiveness of, and consumer satisfaction

26  with:

27         1.  The functions performed by state agencies and other

28  public and private entities responsible for performing

29  functions for individuals who have disabilities.

30         2.  Vocational rehabilitation services:

31


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  1         a.  Provided or paid for from funds made available

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

  3         b.  Provided by state agencies and other public and

  4  private entities responsible for providing vocational

  5  rehabilitation services to individuals who have disabilities.

  6         (e)(d)  Prepare and submit an annual report on the

  7  status of vocational rehabilitation services in the state to

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

  9  House of Representatives, and the United States Secretary of

10  Education and the Commissioner of the Rehabilitative Services

11  Administration, established under s. 702 of the act, and make

12  the report available to the public.

13         (f)(e)  Coordinate with other councils within Florida,

14  including the Independent Living Council, the advisory panel

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

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

17  State Planning Council described in s. 124 of the

18  Developmental Disabilities Assistance and Bill of Rights Act,

19  42 U.S.C. s. 6024, and the state mental health planning

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

21  Service Act, 42 U.S.C. s. 300x-4(e), and the board of

22  directors of Workforce Florida, Inc.

23         (g)(f)  Advise the department and division and provide

24  for coordination and the establishment of working

25  relationships among the department, the division, the

26  Independent Living Council, and centers for independent living

27  in the state.

28         (h)(g)  Perform such other functions as the council

29  determines to be appropriate that are comparable to functions

30  performed by the council.

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  1         (10)(9)(a)  The council shall prepare, in conjunction

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

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

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

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

  6  resources in existence during the period of implementation of

  7  the plan.

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

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

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

11  disagreement shall be resolved by the Governor.

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

13  and evaluate such staff and other personnel as may be

14  necessary to carry out its functions.

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

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

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

18  create a conflict of interest.

19         (11)(10)  The council shall convene at least four

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

21  as the council deems necessary to conduct council business.

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

23  considers appropriate. The meetings, hearings, and forums

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

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

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

27  meeting which shall include a record of its discussions and

28  recommendations, all of which reports shall be made available

29  to the public.

30         (12)(11)  The council shall reimburse members of the

31  council for reasonable and necessary expenses of attending


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  1  council meetings and performing council duties, including

  2  child care and personal assistance services, as provided in

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

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

  5  member is not employed or must forfeit wages from other

  6  employment for each day the member is engaged in performing

  7  the duties of the council.

  8         Section 17.  Paragraph (a) of subsection (3) of section

  9  11.45, Florida Statutes, is amended to read:

10         11.45  Definitions; duties; authorities; reports;

11  rules.--

12         (3)  AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.--

13         (a)  The Auditor General may, pursuant to his or her

14  own authority, or at the direction of the Legislative Auditing

15  Committee, conduct audits or other engagements as determined

16  appropriate by the Auditor General of:

17         1.  The accounts and records of any governmental entity

18  created or established by law.

19         2.  The information technology programs, activities,

20  functions, or systems of any governmental entity created or

21  established by law.

22         3.  The accounts and records of any charter school

23  created or established by law.

24         4.  The accounts and records of any direct-support

25  organization or citizen support organization created or

26  established by law. The Auditor General is authorized to

27  require and receive any records from the direct-support

28  organization or citizen support organization, or from its

29  independent auditor.

30         5.  The public records associated with any

31  appropriation made by the General Appropriations Act to a


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  1  nongovernmental agency, corporation, or person. All records of

  2  a nongovernmental agency, corporation, or person with respect

  3  to the receipt and expenditure of such an appropriation shall

  4  be public records and shall be treated in the same manner as

  5  other public records are under general law.

  6         6.  State financial assistance provided to any nonstate

  7  entity.

  8         7.  The Tobacco Settlement Financing Corporation

  9  created pursuant to s. 215.56005.

10         8.  The Florida On-Line High School created pursuant to

11  s. 228.082.

12         9.  Any purchases of federal surplus lands for use as

13  sites for correctional facilities as described in s. 253.037.

14         10.  Enterprise Florida, Inc., including any of its

15  boards, advisory committees, or similar groups created by

16  Enterprise Florida, Inc., and programs.  The audit report may

17  not reveal the identity of any person who has anonymously made

18  a donation to Enterprise Florida, Inc., pursuant to this

19  subparagraph. The identity of a donor or prospective donor to

20  Enterprise Florida, Inc., who desires to remain anonymous and

21  all information identifying such donor or prospective donor

22  are confidential and exempt from the provisions of s.

23  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

24  anonymity shall be maintained in the auditor's report.

25         11.  The Florida Development Finance Corporation or the

26  capital development board or the programs or entities created

27  by the board. The audit or report may not reveal the identity

28  of any person who has anonymously made a donation to the board

29  pursuant to this subparagraph. The identity of a donor or

30  prospective donor to the board who desires to remain anonymous

31  and all information identifying such donor or prospective


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  1  donor are confidential and exempt from the provisions of s.

  2  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

  3  anonymity shall be maintained in the auditor's report.

  4         12.  The records pertaining to the use of funds from

  5  voluntary contributions on a motor vehicle registration

  6  application or on a driver's license application authorized

  7  pursuant to ss. 320.023 and 322.081.

  8         13.  The records pertaining to the use of funds from

  9  the sale of specialty license plates described in chapter 320.

10         14.  The transportation corporations under contract

11  with the Department of Transportation that are acting on

12  behalf of the state to secure and obtain rights-of-way for

13  urgently needed transportation systems and to assist in the

14  planning and design of such systems pursuant to ss.

15  339.401-339.421.

16         15.  The acquisitions and divestitures related to the

17  Florida Communities Trust Program created pursuant to chapter

18  380.

19         16.  The Florida Water Pollution Control Financing

20  Corporation created pursuant to s. 403.1837.

21         17.  The Florida Partnership for School Readiness

22  created pursuant to s. 411.01.

23         18.  The Occupational Access and Opportunity Commission

24  created pursuant to s. 413.83.

25         18.19.  The Florida Special Disability Trust Fund

26  Financing Corporation created pursuant to s. 440.49.

27         19.20.  Workforce Florida, Inc., or the programs or

28  entities created by Workforce Florida, Inc., created pursuant

29  to s. 445.004.

30         20.21.  The corporation defined in s. 455.32 that is

31  under contract with the Department of Business and


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  1  Professional Regulation to provide administrative,

  2  investigative, examination, licensing, and prosecutorial

  3  support services in accordance with the provisions of s.

  4  455.32 and the practice act of the relevant profession.

  5         21.22.  The Florida Engineers Management Corporation

  6  created pursuant to chapter 471.

  7         22.23.  The Investment Fraud Restoration Financing

  8  Corporation created pursuant to chapter 517.

  9         23.24.  The books and records of any permitholder that

10  conducts race meetings or jai alai exhibitions under chapter

11  550.

12         24.25.  The corporation defined in part II of chapter

13  946, known as the Prison Rehabilitative Industries and

14  Diversified Enterprises, Inc., or PRIDE Enterprises.

15         Section 18.  Paragraph (b) of subsection (5) of section

16  90.6063, Florida Statutes, is amended to read:

17         90.6063  Interpreter services for deaf persons.--

18         (5)  The appointing authority may channel requests for

19  qualified interpreters through:

20         (b)  The Division of Vocational Rehabilitation Program

21  Office of the Department of Education Labor and Employment

22  Security; or

23         Section 19.  Section 215.311, Florida Statutes, is

24  amended to read:

25         215.311  State funds; exceptions.--The provisions of s.

26  215.31 shall not apply to funds collected by and under the

27  direction and supervision of the Division of Blind Services of

28  the Department of Education Labor and Employment Security as

29  provided under ss. 413.011, 413.041, and 413.051; however,

30  nothing in this section shall be construed to except from the

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  1  provisions of s. 215.31 any appropriations made by the state

  2  to the division.

  3         Section 20.  Subsection (5) of section 394.75, Florida

  4  Statutes, is amended to read:

  5         394.75  State and district substance abuse and mental

  6  health plans.--

  7         (5)  The district plan shall address how substance

  8  abuse and mental health services will be provided and how a

  9  system of care for target populations will be provided given

10  the resources available in the service district. The plan must

11  include provisions for maximizing client access to the most

12  recently developed psychiatric medications approved by the

13  United States Food and Drug Administration, for developing

14  independent housing units through participation in the Section

15  811 program operated by the United States Department of

16  Housing and Urban Development, for developing supported

17  employment services through the Division of Vocational

18  Rehabilitation of the Department of Education Labor and

19  Employment Security, for providing treatment services to

20  persons with co-occurring mental illness and substance abuse

21  problems which are integrated across treatment systems, and

22  for providing services to adults who have a serious mental

23  illness, as defined in s. 394.67, and who reside in assisted

24  living facilities.

25         Section 21.  Subsection (2) of section 395.404, Florida

26  Statutes, is amended to read:

27         395.404  Review of trauma registry data;

28  confidentiality and limited release.--

29         (2)  Notwithstanding the provisions of s. 381.74, each

30  trauma center and acute care hospital shall submit severe

31  disability and head-injury registry data to the department as


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  1  provided by rule in lieu of submitting such registry

  2  information to the Department of Labor and Employment

  3  Security. Each trauma center and acute care hospital shall

  4  continue to provide initial notification of persons who have

  5  severe disabilities and head injuries to the Department of

  6  Health Labor and Employment Security within timeframes

  7  provided in chapter 413. Such initial notification shall be

  8  made in the manner prescribed by the Department of Health

  9  Labor and Employment Security for the purpose of providing

10  timely vocational rehabilitation services to the severely

11  disabled or head-injured person.

12         Section 22.  Paragraph (a) of subsection (1) of section

13  410.0245, Florida Statutes, is amended to read:

14         410.0245  Study of service needs; report; multiyear

15  plan.--

16         (1)(a)  The Adult Services Program Office of the

17  Department of Children and Family Services shall contract for

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

19  adult population served or waiting to be served by the

20  community care for disabled adults program.  The Division of

21  Vocational Rehabilitation of the Department of Education Labor

22  and Employment Security and other appropriate state agencies

23  shall provide information to the Department of Children and

24  Family Services when requested for the purposes of this study.

25         Section 23.  Subsection (2) of section 410.604, Florida

26  Statutes, is amended to read:

27         410.604  Community care for disabled adults program;

28  powers and duties of the department.--

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

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

31  services of the community care for disabled adults program.


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  1  However, the community care for disabled adults program shall

  2  operate within the funds appropriated by the Legislature.

  3  Priority shall be given to disabled adults who are not

  4  eligible for comparable services in programs of or funded by

  5  the department or the Division of Vocational Rehabilitation of

  6  the Department of Education Labor and Employment Security; who

  7  are determined to be at risk of institutionalization; and

  8  whose income is at or below the existing institutional care

  9  program eligibility standard.

10         Section 24.  Subsection (1) of section 413.034, Florida

11  Statutes, is amended to read:

12         413.034  Commission established; membership.--

13         (1)  There is created within the Department of

14  Management Services the Commission for Purchase from the Blind

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

16  of the Department of Management Services; the director of the

17  Division of Vocational Rehabilitation of the Department of

18  Education Labor and Employment Security, who shall be an ex

19  officio member with voting rights; the director of the

20  Division of Blind Services of the Department of Education

21  Labor and Employment Security; and four members to be

22  appointed by the Governor, which four members shall be an

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

24  executive director of a nonprofit agency for other severely

25  handicapped persons, a representative of private enterprise,

26  and a representative of other political subdivisions. All

27  appointed members shall serve for terms of 4 years.  Appointed

28  commission members shall serve subject to confirmation by the

29  Senate.

30

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  1         Section 25.  Paragraph (a) of subsection (2) and

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

  3  amended to read:

  4         413.051  Eligible blind persons; operation of vending

  5  stands.--

  6         (2)  As used in this section:

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

  8  and licensed by the Division of Blind Services of the

  9  Department of Education Labor and Employment Security to

10  operate a vending stand.

11         (3)  Blind licensees shall be given the first

12  opportunity to participate in the operation of vending stands

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

14  facilities are operated under the supervision of the Division

15  of Blind Services of the Department of Education Labor and

16  Employment Security.

17         Section 26.  Section 413.064, Florida Statutes, is

18  amended to read:

19         413.064  Rules.--The Department of Education Labor and

20  Employment Security shall adopt all necessary rules pertaining

21  to the conduct of a solicitation for the benefit of blind

22  persons, including criteria for approval of an application for

23  a permit for such solicitation.

24         Section 27.  Section 413.066, Florida Statutes, is

25  amended to read:

26         413.066  Revocation of permit.--Any failure on the part

27  of a person or organization holding a permit under the

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

29  with all rules promulgated by the Department of Education

30  Labor and Employment Security as authorized by s. 413.064

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  1  constitutes a ground for revocation of the permit by the

  2  Division of Blind Services.

  3         Section 28.  Section 413.067, Florida Statutes, is

  4  amended to read:

  5         413.067  Penalty.--Any person who violates the

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

  7  the Department of Education Labor and Employment Security

  8  pursuant thereto commits a misdemeanor of the second degree,

  9  punishable as provided in s. 775.082 or s. 775.083.

10         Section 29.  Subsection (1) of section 413.091, Florida

11  Statutes, is amended to read:

12         413.091  Identification cards.--

13         (1)  The Division of Blind Services of the Department

14  of Education Labor and Employment Security is hereby empowered

15  to issue identification cards to persons known to be blind or

16  partially sighted, upon the written request of such

17  individual.

18         Section 30.  Subsection (1) of section 413.092, Florida

19  Statutes, is amended to read:

20         413.092  Blind Babies Program.--

21         (1)  The Blind Babies Program is created within the

22  Division of Blind Services of the Department of Education

23  Labor and Employment Security to provide community-based

24  early-intervention education to children from birth through 5

25  years of age who are blind or visually impaired, and to their

26  parents, families, and caregivers, through community-based

27  provider organizations. The division shall enlist parents,

28  ophthalmologists, pediatricians, schools, Infant and Toddlers

29  Early Intervention Programs, and therapists to help identify

30  and enroll blind and visually impaired children, as well as

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  1  their parents, families, and caregivers, in these educational

  2  programs.

  3         Section 31.  Subsection (1) of section 413.445, Florida

  4  Statutes, is amended to read:

  5         413.445  Recovery of third-party payments for

  6  vocational rehabilitation and related services.--

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

  8  rehabilitation and related services" means any services that

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

10  Rehabilitation of the Department of Education Labor and

11  Employment Security.

12         Section 32.  Subsection (12) of section 413.615,

13  Florida Statutes, is amended to read:

14         413.615  Florida Endowment for Vocational

15  Rehabilitation.--

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

17  the Governor, the President of the Senate, the Speaker of the

18  House of Representatives, and the Commissioner of Education

19  Secretary of Labor and Employment Security by February 1 each

20  year, summarizing the performance of the endowment fund for

21  the previous fiscal year, summarizing the foundation's

22  fundraising activities and performance, and detailing those

23  activities and programs supported by the endowment principal

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

25  grants, donations, and other valued goods and services

26  received.

27         Section 33.  Subsection (5) of section 944.012, Florida

28  Statutes, is amended to read:

29         944.012  Legislative intent.--The Legislature hereby

30  finds and declares that:

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  1         (5)  In order to make the correctional system an

  2  efficient and effective mechanism, the various agencies

  3  involved in the correctional process must coordinate their

  4  efforts.  Where possible, interagency offices should be

  5  physically located within major institutions and should

  6  include representatives of the Florida State Employment

  7  Service, the vocational rehabilitation programs of the

  8  Department of Education Labor and Employment Security, and the

  9  Parole Commission. Duplicative and unnecessary methods of

10  evaluating offenders must be eliminated and areas of

11  responsibility consolidated in order to more economically

12  utilize present scarce resources.

13         Section 34.  Before the 2005 Regular Session of the

14  Legislature, the Office of Program Policy Analysis and

15  Government Accountability shall conduct a review of and

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

17  Rehabilitation of the Department of Education.

18         Section 35.  (1)  Part III of chapter 413, Florida

19  Statutes, consisting of sections 413.81, 413.82, 413.83,

20  413.84, 413.85, 413.86, 413.87, 413.88, 413.89, 413.90,

21  413.91, 413.92, and 413.93, Florida Statutes, is repealed.

22         (2)  Subsection (8) of section 445.024, Florida

23  Statutes, is repealed.

24         Section 36.  This act shall take effect upon becoming a

25  law.

26

27

28

29

30

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