HB 1215 2003
1	A bill to be entitled
2	An act relating to blind services; providing a popular
3	name; transferring the powers, duties, records, personnel,
4	property, and funds of the Division of Blind Services
5	within the Department of Education to the Florida
6	Commission for the Blind, which is created by this act;
7	amending s. 20.15, F.S.; deleting the division from the
8	Department of Education; amending s. 413.011, F.S.;
9	providing legislative purpose and policy; creating the
10	Florida Commission for the Blind; providing for commission
11	membership, terms, and meetings and for the election of
12	the commission chair; naming the commission as the
13	designated state unit and the Department of Education as
14	the designated state agency under the federal
15	Rehabilitation Act of 1973; providing for commission
16	personnel, including an executive director; requiring
17	background investigations of personnel; providing powers
18	and duties of the commission, including the duty to
19	license blind individuals under the federal Randolph-
20	Sheppard Act; exempting certain property from record and
21	inventory requirements and from bidding requirements;
22	creating a children's program; providing purposes of the
23	program; requiring an annual report; providing for the
24	resolution of disputes; repealing the Advisory Council for
25	the Blind; creating s. 413.093, F.S.; providing budgetary
26	procedures for the commission; providing duties of the
27	executive director of the Florida Commission for the
28	Blind; creating s. 413.094, F.S.; providing for management
29	flexibility in the commission's allocation of funds and
30	the amendment of authorized positions; creating s.
31	413.095, F.S.; providing for the commission to retain
32	title to certain real and personal property intended for
33	use by people who have visual impairments and certain
34	commission personnel; allowing the commission to
35	repossess, transfer, and dispose of such property;
36	providing for rulemaking; amending s. 110.131, F.S.,
37	relating to other-personal-services temporary employment,
38	s. 121.051, F.S., relating to participation in the Florida
39	Retirement System, s. 215.311, F.S., relating to
40	exceptions from s. 215.31, F.S., which apply to funds
41	collected by and under the direction of the division, s.
42	318.21, F.S., relating to the disposition of civil
43	penalties by county courts, s. 413.0115, F.S., relating to
44	the State Board of Administration's authorization to
45	invest a portfolio, s. 413.012, F.S., relating to
46	prohibiting the disclosure of confidential records and
47	providing exemptions to the prohibition, s. 413.013, F.S.,
48	relating to the destruction of certain records, s.
49	413.014, F.S., relating to community-based rehabilitation
50	programs, s. 413.041, F.S., relating to placing eligible
51	blind persons in vending facilities in public places, s.
52	413.051, F.S., the Little Randolph Sheppard Act, s.
53	413.091, F.S., relating to the issuance of identification
54	cards to persons known to be blind or partially sighted,
55	s. 413.092, F.S., relating to the Blind Babies Program;
56	conforming provisions to the changes made by this act;
57	repealing ss. 413.061, 413.062, 413.063, 413.064, 413.065,
58	413.066, 413.067, 413.068, 413.069, F.S., relating to the
59	issuance of permits for soliciting funds on behalf of
60	blind persons; providing an effective date.
61
62	Be It Enacted by the Legislature of the State of Florida:
63
64	Section 1. This act shall be known by the popular name the
65	"Florida Commission for the Blind Act."
66	Section 2. (1) The powers, duties, records, personnel,
67	property, and unexpended balances of appropriations,
68	allocations, or other funds of the Division of Blind Services of
69	the Department of Education are transferred, by a type two
70	transfer, as defined in section 20.06, Florida Statutes, to the
71	Florida Commission for the Blind.
72	(2) Any contract or agreement concerning services for the
73	blind to which the Division of Blind Services is a party and
74	which is in effect before January 1, 2004, is binding upon the
75	Florida Commission for the Blind to the same extent that the
76	contract or agreement was binding upon the division.
77	(3) All proceeds from claims filed with any agency,
78	including, but not limited to, the Social Security
79	Administration, which relate to the provision of services for
80	the blind shall be transferred to the commission from any agency
81	that has received such proceeds.
82	Section 3. Subsection (3) of section 20.15, Florida
83	Statutes, is amended to read:
84	20.15 Department of Education.--There is created a
85	Department of Education.
86	(3) DIVISIONS.--The following divisions of the Department
87	of Education are established:
88	(a) Division of Community Colleges.
89	(b) Division of Public Schools.
90	(c) Division of Colleges and Universities.
91	(d) Division of Vocational Rehabilitation.
92	(e) Division of Blind Services.
93	Section 4. Paragraph (b) of subsection (6) of section
94	110.131, Florida Statutes, is amended to read:
95	110.131 Other-personal-services temporary employment.--
96	(6)
97	(b) The provisions ofSubsections (2), (3), and (4) do not
98	apply to any employee of the Florida Commission for the Blind
99	Division of Blind ServicesLibrary for the Blind and Physically
100	Handicapped for whom the Florida Commission for the Blind
101	Division of Blind Servicesis the employer as defined in s.
102	447.203(2); except that, for purposes of subsection (5), the
103	Florida Commission for the BlindDivision of Blind Services
104	shall comply with the recordkeeping and reporting requirements
105	adopted by the department pursuant to subsection (3) with
106	respect to those other-personal-services employees exempted by
107	this subsection.
108	Section 5. Subsection (6) of section 121.051, Florida
109	Statutes, is amended to read:
110	121.051 Participation in the system.--
111	(6) SEASONAL STATE EMPLOYMENT; BLIND VENDING FACILITY
112	OPERATORS.--
113	(a) Seasonal state employment shall be included under this
114	chapter, and the time limit and procedure for claiming same as
115	set forth in s. 122.07 shall continue under this chapter for
116	those members transferring to this system and for all new
117	members.
118	(b)1. All blind or partially sighted persons employed or
119	licensed by the Division of Blind Services as vending facility
120	operators on or after December 1, 1970, and prior to July 1,
121	1996, are hereby declared to be state employees within the
122	meaning of this chapter, and all vending facility operators
123	licensed and employed during that period shall be compulsory
124	members of the Florida Retirement System in compliance with this
125	chapter for as long as the member is a vending facility
126	operator, except as provided in subparagraph 3.
127	2. Blindness shall not be deemed a retirement disability
128	within the provisions of this chapter for such members as are
129	contemplated by this paragraph.
130	3. Any vending facility operator as described in
131	subparagraph 1. may elect, on or before July 31, 1996, to
132	withdraw from the Florida Retirement System as provided in s.
133	413.051(11). The election to withdraw shall take effect as of
134	July 1, 1996, and the decision to withdraw is irrevocable. A
135	vending facility operator who withdraws from the Florida
136	Retirement System as provided in this subparagraph shall retain
137	all creditable service earned in the Florida Retirement System
138	through the month that retirement contributions ceased to be
139	reported, and no creditable service shall be earned as a vending
140	facility operator after such month. However, any such person
141	may participate in the Florida Retirement System in the future
142	if employed by a participating employer in a covered position.
143	4. All blind or partially sighted persons employed or
144	licensed by the Division of Blind Services or by the Florida
145	Commission for the Blindas vending facility operators on or
146	after July 1, 1996, shall be independent contractors within the
147	meaning of this chapter and shall not be eligible for membership
148	in the Florida Retirement System.
149	Section 6. Section 215.311, Florida Statutes, is amended
150	to read:
151	215.311 State funds; exceptions.--Section 215.31 doesThe
152	provisions of s. 215.31 shallnot apply to funds collected by
153	and under the direction and supervision of the Florida
154	Commission for the BlindDivision of Blind Services of the
155	Department of Educationas provided under ss. 413.011, 413.041,
156	and 413.051; however, nothing in this section does notshall be
157	construed to except from the provisions ofs. 215.31 any
158	appropriations made by the state to the commissiondivision.
159	Section 7. Subsection (4) of section 318.21, Florida
160	Statutes, is amended to read:
161	318.21 Disposition of civil penalties by county
162	courts.--All civil penalties received by a county court pursuant
163	to the provisions of this chapter shall be distributed and paid
164	monthly as follows:
165	(4) Of the additional fine assessed under s. 318.18(3)(e)
166	for a violation of s. 316.1301, 40 percent must be remitted to
167	the Department of Revenue for deposit in the Grants and
168	Donations Trust Fund of the Florida Commission for the Blind
169	Division of Blind Services of the Department of Education, and
170	60 percent must be distributed pursuant to subsections(1) and
171	(2). Section 8. Section 413.011, Florida Statutes, is amended
172	to read:
173	413.011 Florida Commission for the BlindDivision of Blind
174	Services, internal organizational structure; Advisory Council
175	for the Blind.--
176	(1) PURPOSE AND POLICY.--
177	(a) The purpose of this act is to establish a coordinated
178	program of services which will be available to individuals
179	throughout this state who are blind. The program must be
180	designed to maximize employment opportunities for such
181	individuals and to increase their independence and self-
182	sufficiency. In implementing this program, the Florida
183	Commission for the BlindThe internal organizational structure
184	of the Division of Blind Services shall be designed for the
185	purpose of ensuring the greatest possible efficiency and
186	effectiveness of services to the blind and to be consistent with
187	chapter 20. The Division of Blind Servicesshall plan,
188	supervise, and carry out the following activities:
189	1.(a) Recommend personnel as may benecessary to carry out
190	the purposes of this section.
191	(b) Cause to be compiled and maintained a complete
192	register of the blind in the state, which shall describe the
193	condition, cause of blindness, and capacity for education and
194	industrial training, with such other facts as may seem to the
195	division to be of value. Any information in the register of the
196	blind which, when released, could identify an individual is
197	confidential and exempt from the provisions of s. 119.07(1).
198	2.(c)Inquire into the cause of blindness, inaugurate
199	preventive measures, and provide for the examination and
200	treatment of the blind, or those threatened with blindness, for
201	the benefit of such persons, and shall pay therefor, including
202	necessary incidental expenses.
203	3.(d)Aid the blind in finding employment, teach them
204	trades and occupations within their capacities, assist them in
205	disposing of products made by them in home industries, assist
206	them in obtaining funds for establishing enterprises where
207	federal funds reimburse the state, and do such things as will
208	contribute to the efficiency of self-support of the blind.
209	4.(e)Establish one or more training schools and workshops
210	for the employment of suitable blind persons; make expenditures
211	of funds for such purposes; receive moneys from sales of
212	commodities involved in such activities and from such funds make
213	payments of wages, repairs, insurance premiums and replacements
214	of equipment. All of the activities provided for in this section
215	may be carried on in cooperation with private workshops for the
216	blind, except that all tools and equipment furnished by the
217	commissiondivisionshall remain the property of the state.
218	5.(f)Provide special services and benefits for the blind
219	for developing their social life through community activities
220	and recreational facilities.
221	6.(g)Undertake such other activities as may ameliorate
222	the condition of blind residentscitizensof this state.
223	7.(h)Cooperate with other agencies, public or private,
224	especially the Division of the Blind and Physically Handicapped
225	of the Library of Congress and the Division of Library and
226	Information Services of the Department of State, to provide
227	library service to the blind and other handicapped persons as
228	defined in federal law and regulations in carrying out any or
229	all of the provisions of this law.
230	8.(i)Recommend contracts and agreements with federal,
231	state, county, municipal and private corporations, and
232	individuals.
233	9.(j)Receive moneys or properties by gift or bequest from
234	any person, firm, corporation, or organization for any of the
235	purposes herein set out in this paragraph, but without authority
236	to bind the state to any expenditure or policy except such as is
237	may bespecifically authorized by law. All such moneys or
238	properties so received by gift or bequest as herein authorized
239	in this subparagraph may be disbursed and expended by the
240	commissiondivisionupon its own warrant for any of the purposes
241	herein set forth, and such moneys or properties doshallnot
242	constitute nor may theyorbe considered a part of any
243	legislative appropriation made by the state for the purpose of
244	carrying out this sectionthe provisions of this law.
245	10.(k)Prepare and make available to the blind, in braille
246	and on electronic recording equipment, Florida Statutes chapters
247	20, 120, 121, and 413, in their entirety.
248	11.(l)Adopt by rule procedures for providing vocational
249	rehabilitation services for the blind.
250	12.(m)Adopt by rule forms and instructions to be used by
251	the commissiondivisionin its general administration.
252	(b) It is the policy of the Legislature that all programs,
253	projects, and activities of the Florida Commission for the Blind
254	are to be carried out in a manner consistent with the following
255	principles:
256	1. Respect for individual dignity, personal
257	responsibility, self-determination to live independently, and
258	pursuit of meaningful careers, based on informed choice;
259	2. Support for the involvement of an individual's
260	representative if an individual requests, desires, or needs such
261	support;
262	3. Respect for the individual's privacy and equal access,
263	including the use of information in accessible formats; and
264	4. Integration and full participation of individuals who
265	are blind in society on equal terms with others.
266	(2) DEFINITIONS.--As used in this section, the term:
267	(a) "Act," unless the context indicates otherwise, means
268	the Rehabilitation Act of 1973, 29 U.S.C. ss. 701-797.
269	(b) "Blind" or "blindness" means the condition of any
270	person for whom blindness is a disability as defined by the
271	Rehabilitation Act of 1973, 29 U.S.C. s. 706(8)(b).
272	(3) FLORIDA COMMISSION FOR THE BLIND; CREATION;
273	MEMBERSHIP.--
274	(a) There is created the Florida Commission for the Blind,
275	consisting of seven members appointed by the Governor with the
276	confirmation of the Senate and qualified to serve based on
277	knowledge and experience in rehabilitation and related services
278	for the blind. A majority of the members must be individuals who
279	are blind. A member of the commission may not be employed by the
280	commission during the term of his or her membership.
281	(b) The Governor shall consult with recognized consumer
282	groups of people who are blind in the state to obtain their
283	recommendations of individuals to be appointed.
284	(c) Each commissioner shall be appointed for a 3-year
285	term, except that the Governor shall specify shorter terms in
286	the initial appointment in order to establish staggered terms.
287	Three of the initial appointments shall be for 3-year terms. Two
288	of the initial appointments shall be for 2-year terms and two of
289	the initial appointments shall be for 1-year terms as specified
290	by the Governor. Thereafter, all commissioners shall be
291	appointed for 3-year terms.
292	(d) The commission shall meet quarterly or at the call of
293	the chair or a majority of the members and at such other times
294	as the commissioners determine. All meetings of the commission
295	must be open to the public unless closed meetings are
296	specifically authorized by law. The chair of the commission
297	shall be elected by the members present and voting at the first
298	meeting of the commission and annually thereafter. Commissioners
299	may not receive compensation for their services, but they shall
300	be reimbursed for travel expenses as provided in s. 112.061. A
301	majority of the members of the commission constitutes a quorum
302	to transact business.
303	(e) It is the intent of the Legislature that the
304	commission is the designated state unit and the Department of
305	Education is the designated state agency in accordance with the
306	Rehabilitation Act of 1973, as amended.
307	(4) PERSONNEL.--
308	(a) The commission shall appoint an executive director who
309	has knowledge and experience in rehabilitation and related
310	services for the blind or has a background in management and any
311	other area determined by the commission. The executive director
312	shall serve as secretary to the commission and shall be the
313	chief administrative officer of the commission. The executive
314	director's appointment shall be for an indefinite period but may
315	be terminated for cause by a vote of at least five members of
316	the commission.
317	(b) The executive director shall employ such personnel as
318	are needed and shall fix their compensation. All employees of
319	the commission are exempt from the Career Service System. The
320	executive director, in consultation with the commission, may
321	contract for services ordinarily performed by state employees.
322	(c) The Florida Commission for the Blind shall, because of
323	the special trust placed in and the special responsibility
324	imposed on employees of the commission, require all employees
325	and applicants for employment to undergo personnel screening and
326	security background investigations as provided in chapter 435,
327	using the level one standards for screening set forth in that
328	chapter, as a condition of employment and continued employment.
329	The commission shall pay the cost of a personnel screening and
330	security background investigation for each employee of the
331	commission.
332	(5) POWERS AND DUTIES.--The commission shall:
333	(a) Develop and carry out a state plan for vocational
334	rehabilitation services for individuals who are blind, pursuant
335	to section 101 of the Rehabilitation Act of 1973, as amended.
336	(b) In conjunction with the Florida Independent Living
337	Council, develop and carry out a 3-year state plan for
338	independent living services and provide independent living
339	services for blind and visually impaired individuals, including
340	services for older individuals who are blind, pursuant to Title
341	VII, chapter 2 of the Rehabilitation Act of 1973, as amended.
342	(c) Provide services that contribute to the maintenance of
343	or the increased independence of older individuals who are
344	blind.
345	(d) Establish, equip, and maintain an orientation and
346	adjustment center or centers to provide independent living
347	skills training and other training such as, but not limited to,
348	instruction in Braille; use of the long white cane for
349	independent travel; homemaking and home-management skills; and
350	communication skills, including the use of computer technology,
351	to prepare individuals who are blind or visually impaired for
352	eventual vocational training, job placement, and independence.
353	(e) Establish and carry out a small business enterprises
354	program and serve as the state licensing agency for individuals
355	who are blind, pursuant to the federal Randolph-Sheppard Act.
356	(f) Purchase and distribute specialized equipment,
357	devices, and technology, including low-vision aids, obtained
358	directly from specialty vendors without using state centralized
359	purchasing procedures. Property that is purchased by a state
360	agency for the purpose of making accommodations for individuals
361	who are blind is not subject to the record and inventory
362	requirements set forth in s. 273.02. A state agency may use
363	funds from all possible sources to make accommodations for
364	individuals who are blind.
365	(g) In cooperation with the Library of Congress, provide
366	library services to persons who are blind and persons who have
367	physical disabilities.
368	(h) In cooperation with other appropriate agencies,
369	provide to employers, the state education agency, and local
370	education agencies technical assistance in the provision of
371	auxiliary aids and services to people who are blind, students,
372	and their parents in complying with the Americans with
373	Disabilities Act and the Individuals with Disabilities Education
374	Act, as amended.
375	(i) Provide technical assistance to agencies within the
376	state in order to assure that information technology purchased
377	or used by such agencies is accessible to and usable by
378	individuals who are blind, at the time the technology is
379	purchased or used.
380	(j) Participate, through the designation of the executive
381	director or an appropriate staff member of the commission, on
382	boards, commissions, or bodies in this state for the purpose of
383	coordinating and planning services.
384	(k) Conduct a review of consumer satisfaction with
385	programs of the commission and perform other functions of the
386	statewide rehabilitation council specified in section 105(c) of
387	the Rehabilitation Act of 1973, as amended.
388	(l) Adopt rules for administering the programs of the
389	commission.
390	(m) Apply for and receive money from any state or federal
391	agency to support the programs of the commission.
392	(n) Develop and administer any other program that will
393	further the provision of services to people who are blind and
394	that the commission determines falls within its scope of
395	responsibility.
396	(6) PROGRAMS OF THE COMMISSION.--
397	(a) There is created within the Florida Commission for the
398	Blind a children's program to serve children who are blind from
399	5 years of age through transition to the Vocational
400	Rehabilitation Program. This program must supplement services
401	already offered by the school system to foster the child's
402	learning and ability to function independently. The child's
403	parents, guardian, and family members should be an integral part
404	of the program in order to foster independence.
405	(b) The commission shall provide vocational rehabilitation
406	services to individuals in this state who are blind pursuant to
407	the Rehabilitation Act of 1973, as amended.
408	(c) The commission shall provide independent living
409	services to individuals in this state who are blind, including
410	older individuals, pursuant to the Rehabilitation Act of 1973,
411	as amended.
412	(7) REPORTS.--The Florida Commission for the Blind shall
413	publish an annual report that includes a list of
414	accomplishments, findings, and recommendations for improvements
415	based on the commission's performance during the year. The
416	report must also contain information needed to evaluate the
417	progress of the commission in meeting the needs of blind
418	individuals in the state.
419	(8) RESOLUTION OF DISPUTES.--
420	(a) Any applicant for or recipient of services from the
421	Florida Commission for the Blind who is dissatisfied with any
422	action taken or decision made regarding such services may file a
423	complaint setting forth the basis for the dissatisfaction and
424	the remedy sought. Upon receipt of the complaint, the executive
425	director shall inform the individual of the voluntary procedures
426	for mediation of the dispute. The mediation must be conducted by
427	a qualified and impartial mediator, and the commission must pay
428	the costs.
429	(b) If the dispute cannot be resolved by mediation or
430	other informal means, the executive director shall, through a
431	designee, notify the complainant of his or her rights for appeal
432	under state and federal law related to the program from which
433	the complaint arises. The commission shall adopt rules
434	sufficient to regulate the conduct of all proceedings required
435	under this section and to assure the rights of all parties
436	participating therein.
437	(c) "Department" means the Department of Labor and
438	Employment Security.
439	(3) There is hereby created in the department the Advisory
440	Council for the Blind to assist the division in the planning and
441	development of statewide rehabilitation programs and services,
442	to recommend improvements to such programs and services, and to
443	perform the functions provided in this section.
444	(a) The advisory council shall be composed of:
445	1. At least one representative of the Independent Living
446	Council, which representative may be the chair or other designee
447	of the council;
448	2. At least one representative of a parent training and
449	information center established pursuant to s. 631(c)(9) of the
450	Individuals with Disabilities Act, 20 U.S.C. s. 1431(c)(9);
451	3. At least one representative of the client assistance
452	program established under the act;
453	4. At least one vocational rehabilitation counselor who
454	has knowledge of and experience in vocational rehabilitation
455	services for the blind, who shall serve as an ex officio
456	nonvoting member of the council if the counselor is an employee
457	of the department;
458	5. At least one representative of community rehabilitation
459	program service providers;
460	6. Four representatives of business, industry, and labor;
461	7. At least one representative of a disability advocacy
462	group representing individuals who are blind;
463	8. At least one parent, family member, guardian, advocate,
464	or authorized representative of an individual who is blind, has
465	multiple disabilities, and either has difficulties representing
466	himself or herself or is unable, due to disabilities, to
467	represent himself or herself;
468	9. Current or former applicants for, or recipients of,
469	vocational rehabilitation services; and
470	10. The director of the division, who shall be an ex
471	officio member of the council.
472	(b) Members of the council shall be appointed by the
473	Governor, who shall select members after soliciting
474	recommendations from representatives of organizations
475	representing a broad range of individuals who have disabilities,
476	and organizations interested in those individuals.
477	(c) A majority of council members shall be persons who
478	are:
479	1. Blind; and
480	2. Not employed by the division.
481	(d) The council shall select a chair from among its
482	membership.
483	(e) Each member of the council shall serve for a term of
484	not more than 3 years, except that:
485	1. A member appointed to fill a vacancy occurring prior to
486	the expiration of the term for which a predecessor was appointed
487	shall be appointed for the remainder of such term; and
488	2. The terms of service of the members initially appointed
489	shall be, as specified by the Governor, for such fewer number of
490	years as will provide for the expiration of terms on a staggered
491	basis.
492	(f) No member of the council may serve more than two
493	consecutive full terms.
494	(g) Any vacancy occurring in the membership of the council
495	shall be filled in the same manner as the original appointment.
496	A vacancy does not affect the power of the remaining members to
497	execute the duties of the council.
498	(h) In addition to the other functions specified in this
499	section, the council shall:
500	1. Review, analyze, and advise the division regarding the
501	performance of the responsibilities of the division under Title
502	I of the act, particularly responsibilities relating to:
503	a. Eligibility, including order of selection;
504	b. The extent, scope, and effectiveness of services
505	provided; and
506	c. Functions performed by state agencies that affect or
507	potentially affect the ability of individuals who are blind to
508	achieve rehabilitation goals and objectives under Title I.
509	2. Advise the department and the division, and, at the
510	discretion of the department or division, assist in the
511	preparation of applications, the state plan, the strategic plan,
512	and amendments to the plans, reports, needs assessments, and
513	evaluations required by Title I.
514	3. To the extent feasible, conduct a review and analysis
515	of the effectiveness of, and consumer satisfaction with:
516	a. The functions performed by state agencies and other
517	public and private entities responsible for performing functions
518	for individuals who are blind.
519	b. Vocational rehabilitation services:
520	(I) Provided or paid for from funds made available under
521	the act or through other public or private sources.
522	(II) Provided by state agencies and other public and
523	private entities responsible for providing vocational
524	rehabilitation services to individuals who are blind.
525	4. Prepare and submit an annual report on the status of
526	vocational rehabilitation services for the blind in the state to
527	the Governor and the Commissioner of the Rehabilitative Services
528	Administration, established under s. 702 of the act, and make
529	the report available to the public.
530	5. Coordinate with other councils within the state,
531	including the Independent Living Council, the advisory panel
532	established under s. 613(a)(12) of the Individuals with
533	Disabilities Education Act, 20 U.S.C. 1413(a)(12), the State
534	Planning Council described in s. 124 of the Developmental
535	Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s.
536	6024, and the state mental health planning council established
537	under s. 1916(e) of the Public Health Service Act, 42 U.S.C.
538	300X-4(e).
539	6. Advise the department and division and provide for
540	coordination and the establishment of working relationships
541	among the department, the division, the Independent Living
542	Council, and centers for independent living in the state.
543	7. Perform such other functions consistent with the
544	purposes of the act as the council determines to be appropriate
545	that are comparable to functions performed by the council.
546	(i)1. The council shall prepare, in conjunction with the
547	division, a plan for the provision of such resources, including
548	such staff and other personnel, as may be necessary to carry out
549	the functions of the council. The resource plan shall, to the
550	maximum extent possible, rely on the use of resources in
551	existence during the period of implementation of the plan.
552	2. If there is a disagreement between the council and the
553	division in regard to the resources necessary to carry out the
554	functions of the council as set forth in this section, the
555	disagreement shall be resolved by the Governor.
556	3. The council shall, consistent with law, supervise and
557	evaluate such staff and other personnel as may be necessary to
558	carry out its functions.
559	4. While assisting the council in carrying out its duties,
560	staff and other personnel shall not be assigned duties by the
561	division or any other state agency or office that would create a
562	conflict of interest.
563	(j) No council member shall cast a vote on any matter that
564	would provide direct financial benefit to the member or
565	otherwise give the appearance of a conflict of interest under
566	state law.
567	(k) The council shall convene at least four meetings each
568	year. These meetings shall occur in such places as the council
569	deems necessary to conduct council business. The council may
570	conduct such forums or hearings as the council considers
571	appropriate. The meetings, hearings, and forums shall be
572	publicly announced. The meetings shall be open and accessible to
573	the public. The council shall make a report of each meeting
574	which shall include a record of its discussions and
575	recommendations, all of which reports shall be made available to
576	the public.
577	Section 9. Section 413.0115, Florida Statutes, is amended
578	to read:
579	413.0115 State Board of Administration; authorization to
580	invest commission'sdivision'sportfolio.--The State Board of
581	Administration may invest and reinvest the portfolio of stocks,
582	bonds, and mutual funds held by the Florida Commission for the
583	BlindDivision of Blind Servicesin accordance with the trust
584	agreement approved by the commissionDivision of Blind Services
585	and the State Board of Administration and the provisions of ss.
586	215.44-215.53. The executive director of the Florida Commission
587	for the BlindDivision of Blind Servicesshall make the
588	portfolio available and shall transfer it to the State Board of
589	Administration for investment.
590	Section 10. Section 413.012, Florida Statutes, is amended
591	to read:
592	413.012 Confidential records disclosure prohibited;
593	exemptions.--
594	(1) All records furnished to the Florida Commission for
595	the BlindDivision of Blind Servicesin connection with state or
596	local vocational rehabilitation programs and containing
597	information as to personal facts about applicants or clients
598	given or made available to the state or local vocational
599	rehabilitation agency or its representatives or employees in the
600	course of the administration of the program, including lists of
601	names and addresses and records of evaluations of clients, are
602	confidential and exempt from the provisions of s. 119.07(1).
603	(2) It is unlawful for any person to disclose, authorize
604	the disclosure, solicit, receive, or make use of any list of
605	names and addresses or any record containing any information set
606	forth in subsection (1) and maintained in the commission
607	division. The prohibition provided for in this subsection does
608	shallnot apply to the use of such information for purposes
609	directly connected with the administration of the vocational
610	rehabilitation program or with the monthly dispatch to the
611	Division of Driver Licenses of the Department of Highway Safety
612	and Motor Vehicles of the name in full, place and date of birth,
613	sex, social security number, and resident address of individuals
614	who havewith central visual acuity of20/200 or less in the
615	better eye with correcting glasses, or a disqualifying field
616	defect in which the peripheral field has contracted to such an
617	extent that the widest diameter or visual field subtends an
618	angular distance no greater than 20 degrees. When requested in
619	writing by an applicant or client, or her or his representative,
620	the Florida Commission for the BlindDivision of Blind Services
621	shall release confidential information to the applicant or
622	client or her or his representative.
623	(3) Any person who violates a provision of this section is
624	guilty of a misdemeanor of the second degree, punishable as
625	provided in s. 775.082 or s. 775.083.
626	Section 11. Section 413.013, Florida Statutes, is amended
627	to read:
628	413.013 Destruction of records.--The Florida Commission
629	for the BlindDivision of Blind Servicesmay authorize the
630	destruction of any correspondence, documents, or other records
631	when the subject matter involved has been closed or terminated
632	and their preservation is not required by federal or state law,
633	rule, or regulation. No Such material may notshallbe
634	destroyed unless the commission has given specific authority to
635	destroy itis given by the division and unless thesaidrecords
636	have been in the possession of the commissiondivision5 or more
637	years prior to their destruction.
638	Section 12. Section 413.014, Florida Statutes, is amended
639	to read:
640	413.014 Community-based rehabilitation programs.--The
641	Florida Commission for the BlindDivision of Blind Services
642	shall enter into cooperative agreements with community-based
643	rehabilitation programs to be the service providers for the
644	blind citizens of their communities. The commissiondivision
645	shall, as rapidly as feasible, increase the amount of such
646	services provided by community-based rehabilitation programs.
647	The goal shall be to decrease the amount of such services
648	provided by commissiondivisionemployees and to increase to the
649	maximum extent allowed by federal law the amount of such
650	services provided through cooperative agreements with community-
651	based service providers. The commissiondivisionshall seek, to
652	the maximum extent allowed by federal and state law and
653	regulation, all available federal funds for such purposes.
654	Funds and in-kind matching contributions from community and
655	private sources shall be used to maximize federal funds. Unless
656	prohibited by federal law or regulation, the share of the
657	federal vocational rehabilitation grant apportioned for services
658	to the blind mustshallbe not less than 17 percent.
659	Section 13. Section 413.041, Florida Statutes, is amended
660	to read:
661	413.041 Eligible blind persons; placement in vending
662	facilities in public places.--For the purpose of assisting blind
663	persons to become self-supporting, the Florida Commission for
664	the Blind mayDivision of Blind Services is hereby authorized to
665	carry on activities to promote the employment of eligible blind
666	persons, including the licensing and establishment of such
667	persons as operators of vending facilities on public property.
668	The commissionsaid divisionmay cooperate with any agency of
669	the Federal Government in the furtherance of the provisions of
670	the Act of Congress entitled "An Act to authorize the operation
671	of stands in federal buildings by blind persons, to enlarge the
672	economic opportunities of the blind and for other purposes,"
673	Pub. L. No. 732, 74th Congress, and the commissionsaid division
674	may cooperate in the furtherance of the provisions of any other
675	act of Congress providing for the rehabilitation of the blind
676	which isthat may now be in effect or ismay hereafter be
677	enacted by Congress.
678	Section 14. Section 413.051, Florida Statutes, is amended
679	to read:
680	413.051 Eligible blind persons; operation of vending
681	stands.--
682	(1) This section may be citedshall be knownas the Little
683	Randolph Sheppard Act.
684	(2) As used in this section, the term:
685	(a) "Blind licensee" means any blind person trained and
686	licensed by the Florida Commission for the BlindDivision of
687	Blind Servicesof the Department of Education to operate a
688	vending stand.
689	(b) "Vending stand" means any manually operated cafeteria,
690	snack bar, cart service, shelter, counter, or other manually
691	operated facility for the sale of newspapers, periodicals,
692	confections, tobacco products, foods, beverages, or other such
693	articles or services.
694	(c) "State agency" means any agency of the state.
695	(d) "State property" means any building or land owned,
696	leased, or otherwise controlled by the state, but does not
697	include any building or land under the control of the Board of
698	Regents, a community college district board of trustees, or any
699	state correctional institution as defined in s. 944.02.
700	(e) "Property custodian" or "person in charge" means any
701	employee, agent, or person who is in control of or responsible
702	for the maintenance, operation, and protection of any state
703	property.
704	(3) Blind licensees shall be given the first opportunity
705	to participate in the operation of vending stands on all state
706	properties acquired after July 1, 1979, when such facilities are
707	operated under the supervision of the Florida Commission for the
708	BlindDivision of Blind Servicesof the Department of Education.
709	(4) The Florida Commission for the BlindDivision of Blind
710	Services shall conductbe responsible fora periodic survey of
711	all state properties and, where feasible, shall establish
712	vending facilities to be operated by blind licensees.
713	(5) All property custodians and duly authorized agents or
714	employees of the state shall cooperate with the commission
715	divisionin its survey of state properties and shall make
716	available adequate space, electrical wiring, plumbing, and
717	ventilation necessary to the installation of a vending facility
718	on any state property designated as suitable by the commission
719	division.
720	(6) The commissiondivisionshall be notified by property
721	custodians or persons in charge at least 180 days prior to the
722	initiation of any new construction, expansion, leasing, or
723	acquisition of property occupied or to be occupied by a state
724	agency.
725	(7) ANo person or persons may notshallbe offered or
726	granted any concession by any property custodian or person in
727	charge to operate a vending stand on any state property acquired
728	after July 1, 1979, unless the commissiondivisionis notified
729	of that proposed concession.
730	(8) Income from new vending machines or replacement of
731	existing machines installed on state property after July 1,
732	1979, shall accrue to the blind licensee who operates a vending
733	facility on the same property or, if none, to the commission
734	division. The commission isdivision shall beresponsible for
735	the servicing and maintenance of all vending machines.
736	(9) This section does notIt is the legislative intent
737	that this section shall not apply or operate, in any way or any
738	manner, todivest any person or organization presently operating
739	a vending stand on state, county, or municipal property from
740	continuing to do so; however, the property custodian or person
741	in charge shall notify the Florida Commission for the Blind
742	Division of Blind Servicesat least 180 days prior to the
743	expiration whether thesuchvending facility location is
744	suitable for operation by a blind licensee.
745	(10) All the preceding provisions are permissive regarding
746	all political subdivisions of the state.
747	(11) Effective July 1, 1996, blind licensees who remain
748	members of the Florida Retirement System pursuant to s.
749	121.051(6)(b)1. shall pay any unappropriated retirement costs
750	from their net profits or from program income. Within 30 days
751	after the effective date of this act, each blind licensee who is
752	eligible to maintain membership in the Florida Retirement System
753	under s. 121.051(6)(b)1., but who elects to withdraw from the
754	system as provided in s. 121.051(6)(b)3., must, on or before
755	July 31, 1996, notify the Division of Blind Services and the
756	Department of Management Services in writing of his or her
757	election to withdraw. Failure to timely notify the divisions
758	shall be deemed a decision to remain a compulsory member of the
759	Florida Retirement System. However, if, at any time after July
760	1, 1996, sufficient funds are not paid by a blind licensee to
761	cover the required contribution to the Florida Retirement
762	System, that blind licensee shall become ineligible to
763	participate in the Florida Retirement System on the last day of
764	the first month for which no contribution is made or the amount
765	contributed is insufficient to cover the required contribution.
766	For any blind licensee who becomes ineligible to participate in
767	the Florida Retirement System as described in this subsection,
768	no creditable service shall be earned under the Florida
769	Retirement System for any period following the month that
770	retirement contributions ceased to be reported. However, any
771	such person may participate in the Florida Retirement System in
772	the future if employed by a participating employer in a covered
773	position.
774	(12) The Florida Commission for the BlindDivision of
775	Blind Services may adopt rules to permit the commissiondivision
776	to establish and maintain vending facilities, issue licenses,
777	establish and maintain a vending facility training program,
778	provide vendors access to financial data of the program, set
779	aside funds from net proceeds of the vending facility, provide
780	for the transfer and promotion of vendors, establish a vendors
781	committee, provide for an operation agreement, provide duties
782	and responsibilities of the commissiondivisionwith respect to
783	the vending facility program, and provide procedures for
784	newspaper vending sales.
785	Section 15. Section 413.091, Florida Statutes, is amended
786	to read:
787	413.091 Identification cards.--
788	(1) The Florida Commission for the BlindDivision of Blind
789	Services of the Department of Education shallis hereby
790	empowered toissue identification cards to persons known to be
791	blind or partially sighted, upon the written request of such
792	individual.
793	(2) The individual shall submit proof of blindness as
794	specified by the commissiondivision.
795	(3) The commission isdivision will be responsible for the
796	design and content of the identification card and shall develop
797	and adoptpromulgaterules, regulations, and procedures relating
798	to the eligibility and application for, and issuance and control
799	of, these identification cards.
800	Section 16. Section 413.092, Florida Statutes, is amended
801	to read:
802	413.092 Blind Babies Program.--
803	(1) The Blind Babies Program is created within the Florida
804	Commission for the BlindDivision of Blind Servicesof the
805	Department of Education to provide community-based early-
806	intervention education to children from birth through 5 years of
807	age who are blind or visually impaired, and to their parents,
808	families, and caregivers, through community-based provider
809	organizations. The commissiondivisionshall enlist parents,
810	ophthalmologists, pediatricians, schools, Infant and Toddlers
811	Early Intervention Programs, and therapists to help identify and
812	enroll blind and visually impaired children, as well as their
813	parents, families, and caregivers, in these educational
814	programs.
815	(2) The program is not an entitlement but shall promote
816	early development with a special emphasis on vision skills to
817	minimize developmental delays. The education mustshalllay the
818	groundwork for future learning by helping a child progress
819	through normal developmental stages. It mustshallteach
820	children to discover and make the best use of their skills for
821	future success in school. It mustshallseek to ensure that
822	visually impaired and blind children enter school as ready to
823	learn as their sighted classmates. The program shall seek to
824	link these children, and their parents, families, and
825	caregivers, to other available services, training, education,
826	and employment programs that could assist these families in the
827	future. This linkage may include referrals to the school
828	districts and the Infants and Toddlers Early Intervention
829	Program for assessments to identify any additional services that
830	are needed butwhichare not provided by the Blind Babies
831	Program. The commissiondivisionshall develop a formula for
832	eligibility based on financial means and may create a means-
833	based matrix to set a copayment fee for families having
834	sufficient financial means.
835	(3) The commissiondivisionshall establish outcomes for
836	this program, which mustshallinclude, but are not limited to,
837	outcomes relating to the children's age-appropriate
838	developmental stages; knowledge of assistive technology;
839	proficiency at daily living; ability to participate in pre-
840	school and school; participation in their communities; and
841	ability to be literate. The commissiondivisionshall develop
842	criteria to be used in identifying and contracting with
843	community-based provider organizations. All services offered
844	through the Blind Babies Program shall be provided by community-
845	based provider organizations. The commissiondivisionshall
846	require any community-based provider organization delivering
847	services under this program to develop performance measures
848	related to those services and report to the commissiondivision
849	on the progress in achieving those measures.
850	Section 17. Section 413.093, Florida Statutes, is created
851	to read:
852	413.093 Budget procedures.--
853	(1) The executive director of the Florida Commission for
854	the Blind shall recommend to the commission a budget of income
855	and expenditures at such time and in such form as the commission
856	prescribes. The commission shall adopt procedures for the
857	approval of budget amendments.
858	(2) In preparing its legislative budget request, the
859	Florida Commission for the Blind shall use the same format,
860	procedures, and timelines that are required for preparing and
861	submitting the legislative budget of the Department of
862	Education. The Commissioner of Education shall include the
863	Florida Commission for the Blind in the department's legislative
864	budget request to the State Board of Education, the Governor,
865	and the Legislature. The legislative budget request and the
866	appropriation for the Florida Commission for the Blind must
867	constitute a separate identifiable sum in the Department of
868	Education budget. The annual appropriation for the commission
869	must be distributed monthly in payments that are as nearly equal
870	as possible. Appropriations for client services, instructional
871	technology, and motor vehicles may be released and distributed
872	as necessary to serve the instructional program for the clients.
873	(3) Fixed capital outlay needs of the commission must
874	continue to be requested in the public education capital outlay
875	legislative budget request of the Department of Education.
876	Section 18. Section 413.094, Florida Statutes, is created
877	to read:
878	413.094 Management flexibility.--
879	(1) Notwithstanding ss. 216.031, 216.181, and 216.262 to
880	the contrary and pursuant to s. 216.351, but subject to any
881	guidelines imposed in the General Appropriations Act, funds for
882	the operation of the Florida Commission for the Blind must be
883	requested and appropriated within budget entities, program
884	components, program categories, lump sums, or special
885	categories. Funds appropriated to the Florida Commission for the
886	Blind for each program category, lump sum, or special category
887	may be transferred to traditional categories for expenditure by
888	the commission. The commission shall develop an annual operating
889	budget that allocates funds by program component and traditional
890	expenditure category.
891	(2) Notwithstanding s. 216.181 and pursuant to s. 216.351,
892	but subject to any requirements imposed in the General
893	Appropriations Act, a lump-sum plan is not a prerequisite to
894	implementing the special categories, program categories, or
895	lump-sum appropriations. Upon release of the special categories,
896	program categories, or lump-sum appropriations to the
897	commission, the Chief Financial Officer, upon the request of the
898	commission, shall transfer or reallocate funds to or among
899	accounts established for disbursement purposes. The commission
900	shall maintain records to account for the original
901	appropriation.
902	(3) Notwithstanding ss. 216.031, 216.181, 216.251, and
903	216.262 to the contrary and pursuant to s. 216.351, but subject
904	to any requirements imposed in the General Appropriations Act,
905	the commission shall establish the authorized positions and may
906	amend such positions, within the total funds authorized annually
907	in the appropriations act.
908	Section 19. Section 413.095, Florida Statutes, is created
909	to read:
910	413.095 Retention of title to and disposal of property and
911	equipment.--
912	(1) The Florida Commission for the Blind retains title to
913	any real or personal property, such as tools, instruments,
914	training supplies, equipment, motor vehicles, real property, or
915	other items of value acquired for use by people who have visual
916	impairments or personnel employed in operating programs of the
917	Florida Commission for the Blind, and may repossess and transfer
918	such property for use by other people who have visual
919	impairments or personnel employed in the operation of the
920	commission.
921	(2) The commission may offer for sale any surplus items
922	acquired in the operation of the program when they are no longer
923	necessary or may exchange them for necessary items that can be
924	used to greater advantage. When any such surplus equipment is
925	sold or exchanged, a receipt for the sale or exchange which
926	shows the consideration given for the equipment must be taken
927	from the purchaser, and the consideration must be forwarded to
928	the commission to be included in the commission's portfolio of
929	investments pursuant to s. 413.0115. Any funds that the
930	commission receives pursuant to any such transaction must be
931	deposited in the Grants and Donations Trust Fund, are exempt
932	from the State Treasury pursuant to s. 215.311, and are
933	available for expenditure for any purposes consistent with ss.
934	413.011-413.092.
935	(3) The Florida Commission for the Blind has the exclusive
936	right to develop rules relating to records and recordkeeping for
937	property owned by the commission which is referred to in
938	subsections (1) and (2).
939	Section 20. Sections 413.061, 413.062, 413.063, 413.064,
940	413.065, 413.066, 413.067, 413.068, and 413.069, Florida
941	Statutes, are repealed.
942	Section 21. This act shall take effect January 1, 2004.