CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. CS for SB 2206

    Amendment No. ___   Barcode 543120

                            CHAMBER ACTION
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10  ______________________________________________________________

11  Senator Mitchell moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

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

18  Statutes, is amended to read:

19         20.15  Department of Education.--There is created a

20  Department of Education.

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

22  Department of Education are established:

23         (a)  Division of Community Colleges.

24         (b)  Division of Public Schools and Community

25  Education.

26         (c)  Division of Universities.

27         (d)  Division of Workforce Development.

28         (e)  Division of Professional Educators.

29         (f)  Division of Administration.

30         (g)  Division of Financial Services.

31         (h)  Division of Support Services.

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 543120





  1         (i)  Division of Technology.

  2         (j)  Division of Blind Services.

  3         (k)  Division of Vocational Rehabilitation.

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

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

  6  Statutes, are amended to read:

  7         20.171  Department of Labor and Employment

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

  9  Employment Security. The department shall operate its programs

10  in a decentralized fashion.

11         (4)

12         (b)  The assistant secretary is responsible for

13  developing, monitoring, and enforcing policy and managing

14  major technical programs and supervising the Bureau of Appeals

15  of the Division of Unemployment Compensation. The

16  responsibilities and duties of the position include, but are

17  not limited to, the following functional areas:

18         1.  Workers' compensation management and policy

19  implementation.

20         2.  Unemployment compensation management and policy

21  implementation.

22         3.  Blind services management and policy

23  implementation.

24         3.4.  Oversight of the five field offices and any local

25  offices.

26         (5)  The following divisions are established and shall

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

28  shall be responsible to the Assistant Secretary for Programs

29  and Operations:

30         (c)  Division of Vocational Rehabilitation.

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2206

    Amendment No. ___   Barcode 543120





  1  229.003, Florida Statutes, is amended to read:

  2         229.003  Florida education governance reorganization.--

  3         (5)  Effective July 1, 2001:

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

  5  Commissioner of Education and the Secretary of the Florida

  6  Board of Education shall work together to commence the

  7  reorganization of the Department of Education in accordance

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

  9  Commissioner of Education comprised of the general areas of

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

11  addition, shall include:

12         1.  The creation of an Office of Technology and

13  Information Services, an Office of Workforce and Economic

14  Development, an Office of Educational Facilities and SMART

15  Schools Clearinghouse, and an Office of Student Financial

16  Assistance.

17         2.  The creation of a Division of Colleges and

18  Universities.

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

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

21         5.  The creation of a Division of Independent

22  Education.

23         6.  The creation of a Division of Vocational

24  Rehabilitation.

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

26         8.6.  The merger of the powers, duties, and staffs of

27  the State Board of Independent Colleges and Universities and

28  the State Board of Nonpublic Career Education, except as

29  relating to any independent nonprofit college or university

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2206

    Amendment No. ___   Barcode 543120





  1  into a single Commission for Independent Education

  2  administratively housed within the Division of Independent

  3  Education.

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

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

  6         229.004  Florida Board of Education.--

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

  8  Commissioner of Education, shall be responsible for:

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

10  Vocational Rehabilitation to establish and maintain optimal

11  efficiency of a Division of Vocational Rehabilitation within

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

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

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

15  Services to establish and maintain optimal efficiency of a

16  Division of Blind Services within the guidelines of s.

17  229.0073 and part I of chapter 413 and to achieve the mission

18  and goals of part I of chapter 413.

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

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

21         229.0073  Reorganization of the Department of

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

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

24  Reorganization Workgroup is established to direct and provide

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

26  of Education. The workgroup shall be comprised of the

27  Secretary of the Florida Board of Education, the Commissioner

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

29  Colleges and Universities, the Chancellor of Community

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

31  Director of Independent Education, who shall consult with the

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 543120





  1  legislative members of the Education Governance Reorganization

  2  Transition Task Force. The reorganization shall:

  3         (4)  Establish the following divisions within the

  4  department:

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

  6  designated administrative unit for the state's vocational

  7  rehabilitation program.

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

  9  administrative unit for services to blind persons.

10         Section 6.  Section 413.20, Florida Statutes, is

11  amended to read:

12         413.20  Definitions.--As used in this part, the term:

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

14  amended.

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

16  required on a frequent basis that permits an individual to

17  secure or maintain independence. Such activities include, but

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

19  personal assistance services, housekeeping, shopping,

20  attending school, communication, and employment.

21         (3)  "Assessment for determining eligibility and

22  vocational rehabilitation needs" means a review of existing

23  data to determine whether an individual is eligible for

24  vocational rehabilitation services and to assign the priority,

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

26  determination and assignment, a preliminary assessment of such

27  data, including the provision of goods and services during

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

29  must make a comprehensive assessment of the unique strengths,

30  resources, priorities, concerns, abilities, capabilities,

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

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    Amendment No. ___   Barcode 543120





  1  supported employment, of an eligible individual to make a

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

  3  vocational rehabilitation services to be included in the

  4  individualized plan for employment written rehabilitation

  5  program of the individual.

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

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

  8  nonresidential, private, nonprofit organization designed and

  9  operated within a local community by persons who have

10  disabilities to provide an array of independent living

11  services.

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

13  that provides directly or facilitates the provision of one or

14  more services to persons who have disabilities to enable them

15  to maximize their opportunities for employment, including

16  career advancement.

17         (6)(5)  "Department" means the Department of Education

18  Labor and Employment Security.

19         (7)(6)  "Disability" means a physical or mental

20  impairment that constitutes or results in a substantial

21  impediment to employment.

22         (8)(7)  "Division" means the Division of Vocational

23  Rehabilitation of the Department of Education Labor and

24  Employment Security.

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

26  division-approved transportation system that provides timely

27  skilled emergency care and movement of persons believed to

28  have suffered brain or spinal cord injuries.

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

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

31  appropriate, part-time competitive employment in the

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                                                  SENATE AMENDMENT

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  1  integrated labor market to the greatest extent practicable,

  2  supported employment, or any other type of employment,

  3  including self-employment, telecommuting, or business

  4  ownership, that is consistent with an individual's strengths,

  5  resources, priorities, concerns, abilities, capabilities,

  6  interests, and informed choice or satisfying any other

  7  vocational outcome the secretary may determine to be

  8  consistent with the act.

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

10  support services and other appropriate services needed to

11  support and maintain a person who has a most significant

12  severe disability in supported employment and to assist an

13  eligible person in maintaining integrated and competitive

14  employment. Extended services are based upon a determination

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

16  person's individualized plan for employment written

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

18  nonprofit private organization, an employer, or any other

19  appropriate resource after the person has made the transition

20  from support provided by the department.

21         (11)  "Independent living core services" means

22  informational and referral services; independent living skills

23  training; peer counseling, including cross-disability peer

24  counseling; and individual and systems advocacy.

25         (12)  "Independent living services" means any

26  appropriate rehabilitation service that will enhance the

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

28  independently, to function within her or his family and

29  community and, if appropriate, to secure and maintain

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

31  psychological counseling and psychotherapeutic counseling;

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  1  independent living care services; community education and

  2  related services; housing assistance; physical and mental

  3  restoration; personal attendant care; transportation; personal

  4  assistance services; interpretive services for persons who are

  5  deaf; recreational activities; services to family members of

  6  persons who have severe disabilities; vocational and other

  7  training services; telecommunications services; sensory and

  8  other technological aids and devices; appropriate preventive

  9  services to decrease the needs of persons assisted under the

10  program; and other rehabilitation services appropriate for the

11  independent living needs of a person who has a severe

12  disability.

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

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

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

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

17  person who has a disability.

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

19  or other written authority required by any governmental unit

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

21         (15)  "Ongoing support services" means services

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

23  significant disability severe disabilities, to:

24         (a)  Make an assessment regarding the employment

25  situation at the worksite of each individual in supported

26  employment or, under special circumstances at the request of

27  the individual, offsite.

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

29  coordination or provision of specific intensive services, at

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

31  individual's employment stability.

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  1

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

  3  limited to, the provision of skilled job trainers who

  4  accompany the individual for intensive job-skill training at

  5  the worksite, job development and placement, social skills

  6  training, followup services, and facilitation of natural

  7  supports at the worksite.

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

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

10  individual, constitutes or results in a substantial impediment

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

12  employment outcome from vocational rehabilitation services.

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

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

15  disability."

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

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

18  physical or mental impairment that seriously limits one or

19  more functional capacities, such as mobility, communication,

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

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

22  whose vocational rehabilitation may be expected to require

23  multiple vocational rehabilitation services over an extended

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

25  disabilities resulting from amputation, arthritis, autism,

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

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

28  hemophilia, respiratory or pulmonary dysfunction, mental

29  retardation, mental illness, multiple sclerosis, muscular

30  dystrophy, musculoskeletal disorder, neurological disorder,

31  including stroke and epilepsy, paraplegia, quadriplegia, or

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

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

  3  disability or a combination of disabilities that is

  4  determined, after an assessment for determining eligibility

  5  and vocational rehabilitation needs, to cause comparable

  6  substantial functional limitation.

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

  8  means a person who has a significant disability who meets the

  9  designated administrative unit's criteria for a person who has

10  a most significant disability.

11         (19)(18)  "Personal assistance services" means a range

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

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

14  activities on or off the job that the individual would

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

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

17  control in life and ability to perform everyday activities on

18  or off the job.

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

20  medical, surgical, or therapeutic treatment necessary to

21  correct or substantially modify a physical or mental condition

22  that is stable or slowly progressive and constitutes an

23  impediment to employment, but is of such nature that the

24  treatment can such correction or modification may reasonably

25  be expected to correct or modify eliminate or reduce such

26  impediment to employment within a reasonable length of time,

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

28  and surgical treatment, nursing services, hospital care in

29  connection with surgery or treatment, convalescent home care,

30  drugs, medical and surgical supplies, and prosthetic and

31  orthotic devices.

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

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

  3  institution, that provides directly or facilitates the

  4  provision of vocational rehabilitation services as one of its

  5  major functions.

  6         (22)(20)  "Rehabilitation" means those events and

  7  processes occurring after injury and progressing to ultimate

  8  stabilization and maximum possible recovery.

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

10  facility providing intermediate care that stresses

11  rehabilitation for persons who have brain or spinal cord

12  injuries.

13         (23)(22)  "Rehabilitation service" means any service,

14  provided directly or indirectly through public or private

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

16  person who has a limiting disability to engage in competitive

17  employment.

18         (24)(23)  "Rules" means rules adopted made by the

19  department and promulgated in the manner prescribed by law.

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

21  of Labor and Employment Security.

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

23  Federal Government as qualifying for federal funds under the

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

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

26  Plan for Independent Living Rehabilitative Services under

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

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

29  integrated working settings for persons who have severe

30  disabilities and for whom competitive employment has not

31  traditionally occurred or for whom competitive employment has

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

  2  disability. Persons who have severe disabilities requiring

  3  supported employment need intensive supported employment

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

  5         (27)  "Supported employment services" means ongoing

  6  support services and other appropriate services needed to

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

  8  supported employment. Supported employment services are based

  9  upon a determination of the needs of the eligible individual

10  as specified in the person's individualized written

11  rehabilitation program. The services are provided singly or in

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

13  as to assist eligible individuals in entering or maintaining

14  integrated, competitive employment. The services are provided

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

16  be extended under special circumstances with the consent of

17  the individual to achieve the objectives of the rehabilitation

18  plan.

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

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

21  vocational rehabilitation and related services.

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

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

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

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

26  process, that promote movement from school to postschool

27  activities, including postsecondary education; vocational

28  training; integrated employment; including supported

29  employment; continuing and adult education; adult services;

30  independent living; or community participation. The

31  coordinated set of activities must be based upon the

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

  2  preferences and interests, and must include instruction,

  3  community experiences, the development of employment and other

  4  postschool adult living objectives, and, when appropriate,

  5  acquisition of daily living skills and functional vocational

  6  evaluation.

  7         (31)  "Transitional living facility" means a

  8  state-approved facility as defined and licensed pursuant to

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

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

11  facility that provides diagnosis and treatment of persons who

12  have brain or spinal cord injuries.

13         (33)  "Traumatic injury" means:

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

15  evidence of significant involvement of two of the following

16  deficits or dysfunctions:

17         1.  Motor deficit.

18         2.  Sensory deficit.

19         3.  Bowel and bladder dysfunction; or

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

21  resulting from external trauma which produces an altered state

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

23  behavioral deficits.

24         (32)(34)  "Vocational rehabilitation" and "vocational

25  rehabilitation services" mean any service, provided directly

26  or through public or private instrumentalities, to enable an

27  individual or group of individuals to achieve an employment

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

29  diagnosis, an assessment for determining eligibility and

30  vocational rehabilitation needs by qualified personnel;

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

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  1  vocational and other training services; physical and mental

  2  restoration services; maintenance for additional costs

  3  incurred while participating in rehabilitation; interpreter

  4  services for individuals who are deaf; recruitment and

  5  training services to provide new employment opportunities in

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

  7  law enforcement, and other appropriate service employment;

  8  occupational licenses; tools, equipment, and initial stocks

  9  and supplies; transportation; telecommunications, sensory, and

10  other technological aids and devices; rehabilitation

11  technology services; referral services designed to secure

12  needed services from other agencies; transition services;

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

14  supported employment services.

15         (33)(35)  "Vocational rehabilitation and related

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

17  the division.

18         Section 7.  Section 413.201, Florida Statutes, is

19  created to read:

20         413.201  Designated state agency.--Effective on the

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

22  compliance with the Vocational Rehabilitation Act of 1973, as

23  amended, the Department of Education is designated the

24  official state agency.

25         Section 8.  Section 413.202, Florida Statutes, is

26  created to read:

27         413.202  Designated administrative unit.--Effective on

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

29  compliance with the Vocational Rehabilitation Act of 1973, as

30  amended, the Division of Vocational Rehabilitation is

31  designated as the administrative unit.

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  1         Section 9.  Section 413.203, Florida Statutes, is

  2  created to read:

  3         413.203  Conflict of laws.--It is the intent of the

  4  Legislature that the provisions of this part not conflict with

  5  any federal statute or implementing regulation governing

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

  7  Vocational Rehabilitation. Wherever such a conflict is

  8  asserted by the applicable agency of the Federal Government,

  9  the Department of Education shall submit to the United States

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

11  request for a favorable policy interpretation of the

12  conflicting portions.

13         Section 10.  Section 413.206, Florida Statutes, is

14  created to read:

15         413.206  Five-year plan.--The division shall, by

16  October 1, 2002, after identifying specific weaknesses in

17  service capacity and program performance and after consulting

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

19  additional initiatives for the provision of vocational

20  rehabilitation services, including privatization, according to

21  identified needs, and details the steps needed to effectively

22  implement those initiatives, consistent with federal

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

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

25  increases employment outcomes for persons who have

26  disabilities, enter into local agreements or contracts with

27  community-based rehabilitation providers to be the service

28  providers for the vocational rehabilitation program, except

29  for those services and activities that are federally required.

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

31  disabilities in the comprehensive workforce development

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

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

  3  Representatives.

  4         (1)  The plan shall:

  5         (a)  Promote innovative contracts that upgrade or

  6  enhance direct services to persons who have a disability.

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

  8  shall be performance-based.

  9         (b)  Include recommendations regarding specific

10  performance standards and measurable outcomes and shall

11  outline procedures for monitoring the implementation of the

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

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

14  Representatives the progress that has been made toward

15  achieving the objectives set forth in the plan.

16         (2)  The division shall work with the employer

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

18  and meet its business needs by employing qualified persons who

19  have a disability.

20         Section 11.  Section 413.207, Florida Statutes, is

21  created to read:

22         413.207  Division of Vocational Rehabilitation; quality

23  assurance.--The Division of Vocational Rehabilitation shall

24  maintain an internal system of quality assurance, have proven

25  functional systems, perform due diligence, review provider

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

27  compliance with state and federal laws, rules, and

28  regulations.

29         Section 12.  Section 413.208, Florida Statutes, is

30  created to read:

31         413.208  Service providers; quality assurance and

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  1  fitness for responsibilities.--The Division of Vocational

  2  Rehabilitation shall certify providers of direct service and

  3  ensure that they maintain an internal system of quality

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

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

  6  service responsibilities, regardless of whether a contract for

  7  services is procured competitively or noncompetitively.

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

  9  Statutes, is amended to read:

10         413.23  Administration.--The division shall provide

11  vocational rehabilitation services to persons who have

12  disabilities determined to be eligible therefor and, in

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

14  other things:

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

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

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

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

19  have disabilities and how those needs may be most effectively

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

21  state plan considered necessary to maintain compliance with

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

23  and maintain federal funding. After completion of the state

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

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

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

27  Representatives, and the United States Secretary of Education.

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

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

30  Statutes, are amended to read:

31         413.395  Florida Independent Living Council.--

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  1         (1)  There is created the Florida Independent Living

  2  Council to assist the division and the Division of Blind

  3  Services of the Department of Education Labor and Employment

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

  5  and administrative entities assisted under Title VII of the

  6  act, in the expansion and development of statewide independent

  7  living policies, programs, and concepts and to recommend

  8  improvements for such programs and services. The council shall

  9  function independently of the division and, unless the council

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

11  assigned to the division for administrative purposes only. The

12  council may elect to be incorporated as a Florida corporation

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

14  the incorporation by the division for the purposes stated in

15  this section. The appointed members of the council may

16  constitute the board of directors for the corporation.

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

18  a member of the Florida Rehabilitation Advisory Council.

19         (11)  The council shall:

20         (c)  Coordinate activities with the Florida

21  Rehabilitation Advisory Council and other councils that

22  address the needs of specific disability populations and

23  issues under other federal law.

24         (e)  Submit to the Commissioner of the Federal

25  Rehabilitation Administration Services such periodic reports

26  as the commissioner may reasonably request and keep such

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

28  commissioner finds necessary to verify such reports.

29         Section 15.  Section 413.401, Florida Statutes, is

30  amended to read:

31         413.401  Eligibility for independent living

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

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

  3  reasonable expectation exists that independent living services

  4  will significantly assist the individual to improve her or his

  5  ability to function independently within the family or

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

  7  be able to function independently.

  8         Section 16.  Section 413.405, Florida Statutes, is

  9  amended to read:

10         413.405  Florida Rehabilitation Advisory

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

12  Council to assist the division in the planning and development

13  of statewide rehabilitation programs and services, to

14  recommend improvements to such programs and services, and to

15  perform the functions listed in this section.

16         (1)  The council shall be composed of:

17         (a)  At least one representative of the Independent

18  Living Council, which representative may be the chairperson or

19  other designee of the council.

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

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

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

23  1431(c)(9).

24         (c)  At least one representative of the client

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

26         (d)  At least one vocational rehabilitation counselor

27  who has knowledge of and experience in vocational

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

29  nonvoting member of the council if the counselor is an

30  employee of the department.

31         (e)  At least one representative of community

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  1  rehabilitation program service providers.

  2         (f)  At least four representatives of business,

  3  industry, and labor.

  4         (g)  Representatives of disability advocacy groups

  5  representing a cross-section of:

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

  7  mental disabilities.

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

  9  authorized representatives of persons who have disabilities

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

11  disabilities to represent themselves.

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

13  of, vocational rehabilitation services.

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

15  officio member of the council.

16         (j)  At least one representative of the state

17  educational agency responsible for the public education of

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

19  vocational rehabilitation services and services under the

20  Individuals with Disabilities Education Act.

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

22  directors of Workforce Florida, Inc.

23         (2)  Other persons who have disabilities,

24  representatives of state and local government, employers,

25  community organizations, and members of the former

26  Occupational Access and Opportunity Commission may be

27  considered for council membership.

28         (3)(2)  Total membership on the council, excluding

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

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

31         (4)(3)  Members of the council shall be appointed by

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  1  the Governor, who shall select members after soliciting

  2  recommendations from representatives of organizations

  3  representing a broad range of individuals who have

  4  disabilities and organizations interested in those

  5  individuals. In selecting members, the extent to which

  6  minority populations are represented must be considered to the

  7  greatest extent practicable.

  8         (5)(4)  A majority of council members shall be persons

  9  who are:

10         (a)  Individuals who have a physical or mental

11  impairment that substantially limits one or more of the

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

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

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

15         (b)  Not employed by the division.

16         (6)(5)  The council shall select a chairperson from

17  among the membership of the council.

18         (7)(6)  Each member of the council shall serve for a

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

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

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

22  was appointed shall be appointed for the remainder of such

23  term.

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

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

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

27  terms on a staggered basis.

28

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

30  full terms.

31         (8)(7)  Any vacancy occurring in the membership of the

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

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

  3  remaining members to execute the duties of the council.

  4         (9)(8)  In addition to the other functions specified in

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

  6  board of directors of Workforce Florida, Inc.:

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

  8  the performance of the responsibilities of the division under

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

10         1.  Eligibility, including order of selection.

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

12  provided.

13         3.  Functions performed by state agencies that affect

14  or potentially affect the ability of individuals who have

15  disabilities to achieve rehabilitation goals and objectives

16  under Title I.

17         (b)  In partnership with the division:

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

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

20         2.  Evaluate the effectiveness of the vocational

21  rehabilitation program and submit reports of progress to the

22  Governor, the President of the Senate, the Speaker of the

23  House of Representatives, and the United States Secretary of

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

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

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

27  preparation of applications, the state plan the strategic

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

29  needs assessments, and evaluations required by Title I.

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

31  analysis of the effectiveness of, and consumer satisfaction

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  1  with:

  2         1.  The functions performed by state agencies and other

  3  public and private entities responsible for performing

  4  functions for individuals who have disabilities.

  5         2.  Vocational rehabilitation services:

  6         a.  Provided or paid for from funds made available

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

  8         b.  Provided by state agencies and other public and

  9  private entities responsible for providing vocational

10  rehabilitation services to individuals who have disabilities.

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

12  status of vocational rehabilitation services in the state to

13  the Governor, the President of the Senate, the Speaker of the

14  House of Representatives, and the United States Secretary of

15  Education and the Commissioner of the Rehabilitative Services

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

17  the report available to the public.

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

19  including the Independent Living Council, the advisory panel

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

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

22  State Planning Council described in s. 124 of the

23  Developmental Disabilities Assistance and Bill of Rights Act,

24  42 U.S.C. s. 6024, and the state mental health planning

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

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

27  directors of Workforce Florida, Inc.

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

29  for coordination and the establishment of working

30  relationships among the department, the division, the

31  Independent Living Council, and centers for independent living

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  1  in the state.

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

  3  determines to be appropriate that are comparable to functions

  4  performed by the council.

  5         (10)(9)(a)  The council shall prepare, in conjunction

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

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

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

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

10  resources in existence during the period of implementation of

11  the plan.

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

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

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

15  disagreement shall be resolved by the Governor.

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

17  and evaluate such staff and other personnel as may be

18  necessary to carry out its functions.

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

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

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

22  create a conflict of interest.

23         (11)(10)  The council shall convene at least four

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

25  as the council deems necessary to conduct council business.

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

27  considers appropriate. The meetings, hearings, and forums

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

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

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

31  meeting which shall include a record of its discussions and

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  1  recommendations, all of which reports shall be made available

  2  to the public.

  3         (12)(11)  The council shall reimburse members of the

  4  council for reasonable and necessary expenses of attending

  5  council meetings and performing council duties, including

  6  child care and personal assistance services, as provided in

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

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

  9  member is not employed or must forfeit wages from other

10  employment for each day the member is engaged in performing

11  the duties of the council.

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

13  11.45, Florida Statutes, is amended to read:

14         11.45  Definitions; duties; authorities; reports;

15  rules.--

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

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

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

19  Committee, conduct audits or other engagements as determined

20  appropriate by the Auditor General of:

21         1.  The accounts and records of any governmental entity

22  created or established by law.

23         2.  The information technology programs, activities,

24  functions, or systems of any governmental entity created or

25  established by law.

26         3.  The accounts and records of any charter school

27  created or established by law.

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

29  organization or citizen support organization created or

30  established by law. The Auditor General is authorized to

31  require and receive any records from the direct-support

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  1  organization or citizen support organization, or from its

  2  independent auditor.

  3         5.  The public records associated with any

  4  appropriation made by the General Appropriations Act to a

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

  6  a nongovernmental agency, corporation, or person with respect

  7  to the receipt and expenditure of such an appropriation shall

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

  9  other public records are under general law.

10         6.  State financial assistance provided to any nonstate

11  entity.

12         7.  The Tobacco Settlement Financing Corporation

13  created pursuant to s. 215.56005.

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

15  s. 228.082.

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

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

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

19  boards, advisory committees, or similar groups created by

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

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

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

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

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

25  all information identifying such donor or prospective donor

26  are confidential and exempt from the provisions of s.

27  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

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

29         11.  The Florida Development Finance Corporation or the

30  capital development board or the programs or entities created

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

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

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

  3  prospective donor to the board who desires to remain anonymous

  4  and all information identifying such donor or prospective

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

  6  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

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

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

  9  voluntary contributions on a motor vehicle registration

10  application or on a driver's license application authorized

11  pursuant to ss. 320.023 and 322.081.

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

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

14         14.  The transportation corporations under contract

15  with the Department of Transportation that are acting on

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

17  urgently needed transportation systems and to assist in the

18  planning and design of such systems pursuant to ss.

19  339.401-339.421.

20         15.  The acquisitions and divestitures related to the

21  Florida Communities Trust Program created pursuant to chapter

22  380.

23         16.  The Florida Water Pollution Control Financing

24  Corporation created pursuant to s. 403.1837.

25         17.  The Florida Partnership for School Readiness

26  created pursuant to s. 411.01.

27         18.  The Occupational Access and Opportunity Commission

28  created pursuant to s. 413.83.

29         18.19.  The Florida Special Disability Trust Fund

30  Financing Corporation created pursuant to s. 440.49.

31         19.20.  Workforce Florida, Inc., or the programs or

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

  2  to s. 445.004.

  3         20.21.  The corporation defined in s. 455.32 that is

  4  under contract with the Department of Business and

  5  Professional Regulation to provide administrative,

  6  investigative, examination, licensing, and prosecutorial

  7  support services in accordance with the provisions of s.

  8  455.32 and the practice act of the relevant profession.

  9         21.22.  The Florida Engineers Management Corporation

10  created pursuant to chapter 471.

11         22.23.  The Investment Fraud Restoration Financing

12  Corporation created pursuant to chapter 517.

13         23.24.  The books and records of any permitholder that

14  conducts race meetings or jai alai exhibitions under chapter

15  550.

16         24.25.  The corporation defined in part II of chapter

17  946, known as the Prison Rehabilitative Industries and

18  Diversified Enterprises, Inc., or PRIDE Enterprises.

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

20  90.6063, Florida Statutes, is amended to read:

21         90.6063  Interpreter services for deaf persons.--

22         (5)  The appointing authority may channel requests for

23  qualified interpreters through:

24         (b)  The Division of Vocational Rehabilitation Program

25  Office of the Department of Education Labor and Employment

26  Security; or

27         Section 19.  Section 215.311, Florida Statutes, is

28  amended to read:

29         215.311  State funds; exceptions.--The provisions of s.

30  215.31 shall not apply to funds collected by and under the

31  direction and supervision of the Division of Blind Services of

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  1  the Department of Education Labor and Employment Security as

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

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

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

  5  to the division.

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

  7  Statutes, is amended to read:

  8         394.75  State and district substance abuse and mental

  9  health plans.--

10         (5)  The district plan shall address how substance

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

12  system of care for target populations will be provided given

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

14  include provisions for maximizing client access to the most

15  recently developed psychiatric medications approved by the

16  United States Food and Drug Administration, for developing

17  independent housing units through participation in the Section

18  811 program operated by the United States Department of

19  Housing and Urban Development, for developing supported

20  employment services through the Division of Vocational

21  Rehabilitation of the Department of Education Labor and

22  Employment Security, for providing treatment services to

23  persons with co-occurring mental illness and substance abuse

24  problems which are integrated across treatment systems, and

25  for providing services to adults who have a serious mental

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

27  living facilities.

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

29  Statutes, is amended to read:

30         395.404  Review of trauma registry data;

31  confidentiality and limited release.--

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

  2  trauma center and acute care hospital shall submit severe

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

  4  provided by rule in lieu of submitting such registry

  5  information to the Department of Labor and Employment

  6  Security. Each trauma center and acute care hospital shall

  7  continue to provide initial notification of persons who have

  8  severe disabilities and head injuries to the Department of

  9  Health Labor and Employment Security within timeframes

10  provided in chapter 413. Such initial notification shall be

11  made in the manner prescribed by the Department of Health

12  Labor and Employment Security for the purpose of providing

13  timely vocational rehabilitation services to the severely

14  disabled or head-injured person.

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

16  410.0245, Florida Statutes, is amended to read:

17         410.0245  Study of service needs; report; multiyear

18  plan.--

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

20  Department of Children and Family Services shall contract for

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

22  adult population served or waiting to be served by the

23  community care for disabled adults program.  The Division of

24  Vocational Rehabilitation of the Department of Education Labor

25  and Employment Security and other appropriate state agencies

26  shall provide information to the Department of Children and

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

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

29  Statutes, is amended to read:

30         410.604  Community care for disabled adults program;

31  powers and duties of the department.--

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

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

  3  services of the community care for disabled adults program.

  4  However, the community care for disabled adults program shall

  5  operate within the funds appropriated by the Legislature.

  6  Priority shall be given to disabled adults who are not

  7  eligible for comparable services in programs of or funded by

  8  the department or the Division of Vocational Rehabilitation of

  9  the Department of Education Labor and Employment Security; who

10  are determined to be at risk of institutionalization; and

11  whose income is at or below the existing institutional care

12  program eligibility standard.

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

14  Statutes, is amended to read:

15         413.034  Commission established; membership.--

16         (1)  There is created within the Department of

17  Management Services the Commission for Purchase from the Blind

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

19  of the Department of Management Services; the director of the

20  Division of Vocational Rehabilitation of the Department of

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

22  officio member with voting rights; the director of the

23  Division of Blind Services of the Department of Education

24  Labor and Employment Security; and four members to be

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

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

27  executive director of a nonprofit agency for other severely

28  handicapped persons, a representative of private enterprise,

29  and a representative of other political subdivisions. All

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

31  commission members shall serve subject to confirmation by the

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  1  Senate.

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

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

  4  amended to read:

  5         413.051  Eligible blind persons; operation of vending

  6  stands.--

  7         (2)  As used in this section:

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

  9  and licensed by the Division of Blind Services of the

10  Department of Education Labor and Employment Security to

11  operate a vending stand.

12         (3)  Blind licensees shall be given the first

13  opportunity to participate in the operation of vending stands

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

15  facilities are operated under the supervision of the Division

16  of Blind Services of the Department of Education Labor and

17  Employment Security.

18         Section 26.  Section 413.064, Florida Statutes, is

19  amended to read:

20         413.064  Rules.--The Department of Education Labor and

21  Employment Security shall adopt all necessary rules pertaining

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

23  persons, including criteria for approval of an application for

24  a permit for such solicitation.

25         Section 27.  Section 413.066, Florida Statutes, is

26  amended to read:

27         413.066  Revocation of permit.--Any failure on the part

28  of a person or organization holding a permit under the

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

30  with all rules promulgated by the Department of Education

31  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

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

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  1  programs.

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

  3  Statutes, is amended to read:

  4         413.445  Recovery of third-party payments for

  5  vocational rehabilitation and related services.--

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

  7  rehabilitation and related services" means any services that

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

  9  Rehabilitation of the Department of Education Labor and

10  Employment Security.

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

12  Florida Statutes, is amended to read:

13         413.615  Florida Endowment for Vocational

14  Rehabilitation.--

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

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

17  House of Representatives, and the Commissioner of Education

18  Secretary of Labor and Employment Security by February 1 each

19  year, summarizing the performance of the endowment fund for

20  the previous fiscal year, summarizing the foundation's

21  fundraising activities and performance, and detailing those

22  activities and programs supported by the endowment principal

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

24  grants, donations, and other valued goods and services

25  received.

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

27  Statutes, is amended to read:

28         944.012  Legislative intent.--The Legislature hereby

29  finds and declares that:

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

31  efficient and effective mechanism, the various agencies

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  1  involved in the correctional process must coordinate their

  2  efforts.  Where possible, interagency offices should be

  3  physically located within major institutions and should

  4  include representatives of the Florida State Employment

  5  Service, the vocational rehabilitation programs of the

  6  Department of Education Labor and Employment Security, and the

  7  Parole Commission. Duplicative and unnecessary methods of

  8  evaluating offenders must be eliminated and areas of

  9  responsibility consolidated in order to more economically

10  utilize present scarce resources.

11         Section 34.  Before the 2005 Regular Session of the

12  Legislature, the Office of Program Policy Analysis and

13  Government Accountability shall conduct a review of and

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

15  Rehabilitation of the Department of Education.

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

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

18  413.84, 413.85, 413.86, 413.87, 413.88, 413.89, 413.90,

19  413.91, 413.92, and 413.93, Florida Statutes, is repealed.

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

21  Statutes, is repealed.

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

23  law.

24

25

26  ================ T I T L E   A M E N D M E N T ===============

27  And the title is amended as follows:

28         Delete everything before the enacting clause

29

30  and insert:

31                      A bill to be entitled

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  1         An act relating to services for persons who

  2         have disabilities; amending ss. 20.15, 20.171,

  3         229.003, 229.004, and 229.0073, F.S.;

  4         conforming organizational provisions to the

  5         transfer of the Division of Vocational

  6         Rehabilitation and the Division of Blind

  7         Services from the Department of Labor and

  8         Employment Security to the Department of

  9         Education; providing for establishment and

10         oversight of the divisions within the

11         reorganized state education system; amending s.

12         413.20, F.S.; revising definitions under pt. II

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

14         rehabilitation programs; creating s. 413.201,

15         F.S.; providing that the Department of

16         Education is the designated state agency for

17         implementing federal vocational rehabilitation

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

19         providing that the Division of Vocational

20         Rehabilitation is the designated administrative

21         unit for such implementation; creating s.

22         413.203, F.S.; providing legislative intent and

23         procedure with respect to conflicting laws;

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

25         Division of Vocational Rehabilitation to

26         develop a 5-year plan relating to general

27         vocational rehabilitation programs; providing

28         requirements for the contents of the plan;

29         requiring annual reports; creating s. 413.207,

30         F.S.; providing quality assurance and

31         performance requirements for the Division of

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  1         Vocational Rehabilitation; creating s. 413.208,

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

  3         assurance and fitness for their

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

  5         revising provisions relating to the federally

  6         required state plan for administration of

  7         vocational rehabilitation services; amending s.

  8         413.395, F.S.; clarifying reporting

  9         requirements of the Florida Independent Living

10         Council; revising references to conform to

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

12         F.S.; renaming the Rehabilitation Advisory

13         Council as the Florida Rehabilitation Council;

14         revising council membership and duties;

15         requiring the council to submit reports to the

16         Governor, Legislature, and United States

17         Secretary of Education; amending ss. 11.45,

18         90.6063, 215.311, 394.75, 395.404, 410.0245,

19         410.604, 413.034, 413.051, 413.064, 413.066,

20         413.067, 413.091, 413.092, 413.401, 413.445,

21         413.615, and 944.012, F.S.; revising language

22         and references to conform to changes made by

23         the act; requiring the Office of Program Policy

24         Analysis and Government Accountability to

25         conduct a review of the progress of the

26         Division of Vocational Rehabilitation and to

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

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

29         creation and duties of the Occupational Access

30         and Opportunity Commission; providing an

31         effective date.

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