HB 1215 2003
1	CHAMBER ACTION
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6	The Committee on State Administration recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to blind services; providing a popular
12	name; creating the Florida Commission for the Blind in the
13	Department of Education; providing membership, powers and
14	duties, and meetings of the commission; providing for
15	administrative support by the department; providing that
16	the commission is the agency head of the Division of Blind
17	Services; providing that the division is the designated
18	state unit under the federal Rehabilitation Act of 1973;
19	providing that the division is a separate budget entity;
20	providing for an executive director of the commission, who
21	is also chief administrative officer of the division;
22	providing for the executive director to employ personnel;
23	requiring the division to develop and implement a state
24	plan for vocational rehabilitation services; requiring the
25	division to develop and implement a state plan for
26	independent living services; providing for the division to
27	purchase and distribute specialized equipment without
28	using state centralized purchasing procedures; exempting
29	such equipment from certain record and inventory
30	requirements; creating a children's program; requiring an
31	annual report by the commission; providing for dispute
32	resolution; amending s. 20.15, F.S.; providing that
33	members of the Florida Commission for the Blind are not
34	appointed by the Commissioner of Education; amending s.
35	413.011, F.S.; providing legislative purpose and policy;
36	providing duties of the commission and the division;
37	eliminating division authority to recommend personnel;
38	prescribing principles for commission activities;
39	providing definitions; requiring background investigations
40	of commission personnel; repealing the Advisory Council
41	for the Blind; creating s. 413.093, F.S.; providing
42	budgetary procedures for the commission; providing duties
43	of the executive director of the commission; creating s.
44	413.094, F.S.; providing for management flexibility in the
45	division's allocation of funds and the amendment of
46	authorized positions; requiring the commission to maintain
47	records; creating s. 413.095, F.S.; providing for the
48	division to retain title to certain real and personal
49	property intended for use by people who have visual
50	impairments and certain commission personnel; allowing the
51	division to repossess, transfer, and dispose of such
52	property; providing for rulemaking by the commission;
53	authorizing the commission to create a blind services
54	direct-support organization; providing purposes and
55	objectives; providing for members of board of the direct-
56	support organization; providing that the organization is
57	subject to s. 24, Art. I of the State Constitution, ch.
58	119, F.S., and s. 286.011, F.S.; requiring expenses of the
59	organization to be paid by private funds; providing
60	guidelines for the use of the funds; amending s. 413.0115,
61	F.S., relating to the State Board of Administration's
62	authorization to invest a portfolio, s. 413.012, F.S.,
63	relating to prohibiting the disclosure of confidential
64	records and providing exemptions to the prohibition, s.
65	413.013, F.S., relating to the destruction of certain
66	records, s. 413.014, F.S., relating to community-based
67	rehabilitation programs, s. 413.041, F.S., relating to
68	placing eligible blind persons in vending facilities in
69	public places, s. 413.051, F.S., the Little Randolph
70	Sheppard Act, s. 413.091, F.S., relating to the issuance
71	of identification cards to persons known to be blind or
72	partially sighted, and s. 413.092, F.S., relating to the
73	Blind Babies Program; conforming provisions to the changes
74	made by the act and providing technical changes; providing
75	that the act does not modify status of certain employees;
76	repealing ss. 413.061, 413.062, 413.063, 413.064, 413.065,
77	413.066, 413.067, 413.068, 413.069, F.S., relating to the
78	issuance of permits for soliciting funds on behalf of
79	blind persons; providing an effective date.
80
81	Be It Enacted by the Legislature of the State of Florida:
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83	Section 1. This act may be cited as the "Florida
84	Commission for the Blind Act."
85	Section 2. Florida Commission for the Blind; creation;
86	membership; powers and duties.--
87	(1)(a) There is created within the Department of Education
88	a commission under section 20.03(10), Florida Statutes, which is
89	independent of the department and which is designated as the
90	Florida Commission for the Blind. The Florida Commission for the
91	Blind is the designated state agency in accordance with the
92	Rehabilitation Act of 1973, as amended.
93	(b) The commission is the agency head of the Division of
94	Blind Services within the Department of Education, which
95	division is the designated state unit in accordance with the
96	Rehabilitation Act of 1973, as amended. The division is a
97	separate budget entity, and the commission shall serve as its
98	agency head for all purposes.
99	(c) The Department of Education shall provide
100	administrative support and services to the commission and to the
101	division to the extent requested by the commission or the
102	executive director. The division is not subject to control,
103	supervision, or direction by the Department of Education in any
104	matter, including, but not limited to, personnel, purchasing,
105	transactions involving real or personal property, and budgetary
106	matters.
107	(2)(a) The commission shall consist of nine members, the
108	majority of whom are blind, who are appointed by the Governor
109	and confirmed by the Senate.
110	(b) Members of the commission must be qualified to serve
111	based on their knowledge and experience in rehabilitation and
112	related services for the blind. Before making appointments, the
113	Governor shall consult with recognized consumer groups of people
114	who are blind in this state to obtain their recommendations for
115	appointees.
116	(c) Each commissioner shall be appointed for a 3-year
117	term, except that, in order to establish staggered terms, three
118	of the initial appointments shall be for 3-year terms; three of
119	the initial appointments shall be for 2-year terms; and three of
120	the initial appointments shall be for 1-year terms. Thereafter,
121	all commissioners shall be appointed for 3-year terms. The
122	initial appointments to the commission shall be made no later
123	than July 15, 2003.
124	(d) Each commissioner is accountable to the Governor for
125	the proper performance of the duties of his or her office. The
126	Governor may remove any member from office for malfeasance,
127	misfeasance, neglect of duty, incompetence, or permanent
128	inability to perform his or her official duties or for pleading
129	nolo contendere to or being found guilty of a crime.
130	(3) The first meeting of the commission must be held no
131	later than August 1, 2003. A majority of the members of the
132	commission constitutes a quorum to transact business. The chair
133	of the commission shall be elected by the members present and
134	voting at the first meeting, a quorum being present, and
135	annually thereafter. The commission shall meet at least
136	quarterly or at the call of the chair or at the call of a
137	majority of the members at such other times as the commissioners
138	determine appropriate. The commission is subject to Section 24,
139	Article I of the State Constitution, chapter 119, Florida
140	Statutes, and section 286.011, Florida Statutes.
141	(4) A commissioner:
142	(a) May not be employed by the division during the term of
143	his or her membership;
144	(b) May not receive compensation for services on the
145	commission;
146	(c) Shall be reimbursed for travel expenses and per diem
147	as provided in section 112.061, Florida Statutes; and
148	(d) May not receive financial benefit from contracts
149	entered into by the commission.
150	(5)(a) The commission shall appoint an executive director
151	who has knowledge and experience in rehabilitation and related
152	services for the blind or has a background in management and any
153	other area, as determined appropriate by the commission. The
154	executive director serves at the pleasure of the commission.
155	Removal of the executive director by vote of the commission
156	requires five votes in favor of such action.
157	(b) The executive director shall serve as the chief
158	administrative officer of the Division of Blind Services. The
159	executive director shall employ such personnel as are needed and
160	shall fix their compensation. All division employees shall
161	report to the executive director.
162	(6)(a) The division shall develop and implement a state
163	plan for vocational rehabilitation services for individuals who
164	are blind, pursuant to section 101 of the Rehabilitation Act of
165	1973, as amended.
166	(b) In conjunction with the Florida Independent Living
167	Council, the division shall develop and implement a 3-year state
168	plan for independent living services and provide independent
169	living services for blind and visually impaired individuals,
170	including services for older individuals who are blind, pursuant
171	to Title VII, chapter 2 of the Rehabilitation Act of 1973, as
172	amended.
173	(c) The division shall provide services that contribute to
174	the maintenance of or the increased independence of older
175	individuals who are blind.
176	(d) The division shall establish, equip, and maintain an
177	orientation and adjustment center or centers to provide
178	independent living skills training and other training such as,
179	but not limited to, instruction in Braille; use of the long
180	white cane for independent travel; homemaking and home-
181	management skills; and communication skills, including the use
182	of computer technology, to prepare individuals who are blind or
183	visually impaired for eventual vocational training, job
184	placement, and independence.
185	(e) The division shall establish and implement a small
186	business enterprises program and serve as the state licensing
187	agency for individuals who are blind, pursuant to the federal
188	Randolph-Sheppard Act.
189	(f) The division shall purchase and distribute specialized
190	equipment, devices, and technology, including low-vision aids,
191	obtained directly from specialty vendors without using state
192	centralized purchasing procedures. Property that is purchased by
193	a state agency for the purpose of making accommodations for
194	individuals who are blind is not subject to the record and
195	inventory requirements set forth in section 273.02, Florida
196	Statutes. A state agency may use funds from all possible sources
197	to make accommodations for individuals who are blind.
198	(g) In cooperation with the Library of Congress, the
199	division shall provide library services to persons who are blind
200	and persons who have physical disabilities.
201	(h) In cooperation with other appropriate agencies, the
202	division shall provide to employers, the state education agency,
203	and local education agencies technical assistance in the
204	provision of auxiliary aids and services to people who are
205	blind, students, and their parents in complying with the
206	Americans with Disabilities Act and the Individuals with
207	Disabilities Education Act, as amended.
208	(i) The division shall provide technical assistance to
209	agencies within the state in order to assure that information
210	technology purchased or used by such agencies is accessible to
211	and usable by individuals who are blind, at the time the
212	technology is purchased or used.
213	(j) The division shall participate, through the
214	designation of the executive director or an appropriate staff
215	member of the commission, on boards, commissions, or bodies in
216	this state for the purpose of coordinating and planning
217	services.
218	(k) The division shall conduct a review of consumer
219	satisfaction with programs of the division and perform other
220	functions of the statewide rehabilitation council specified in
221	section 105(c) of the Rehabilitation Act of 1973, as amended.
222	(l) The commission shall adopt rules for administering the
223	programs of the division.
224	(m) The division shall apply for and receive money from
225	any state or federal agency to support the programs of the
226	commission.
227	(n) The division shall develop and administer any other
228	program that will further the provision of services to people
229	who are blind and that the commission determines falls within
230	its scope of responsibility.
231	(7)(a) There is created within the Division of Blind
232	Services a children's program to serve children who are blind
233	from 5 years of age through transition to the Vocational
234	Rehabilitation Program. This program must supplement services
235	already offered by the school system to foster the child's
236	learning and ability to function independently. The child's
237	parents, guardian, and family members should be an integral part
238	of the program in order to foster independence.
239	(b) The division shall provide vocational rehabilitation
240	services to individuals in this state who are blind, pursuant to
241	the Rehabilitation Act of 1973, as amended.
242	(c) The division shall provide independent living services
243	to individuals in this state who are blind, including older
244	individuals, pursuant to the Rehabilitation Act of 1973, as
245	amended.
246	(8) The Florida Commission for the Blind shall publish an
247	annual report that includes a list of accomplishments, findings,
248	and recommendations for improvements based on the division's
249	performance during the year. The report must also contain
250	information needed to evaluate the progress of the division in
251	meeting the needs of blind individuals in this state.
252	(9)(a) Any applicant for or recipient of services from the
253	division who is dissatisfied with any action taken or decision
254	made regarding such services may file a complaint setting forth
255	the basis for the dissatisfaction and the remedy sought. Upon
256	receipt of the complaint, the executive director shall inform
257	the individual of the voluntary procedures for mediation of the
258	dispute. The mediation must be conducted by a qualified and
259	impartial mediator, and the commission must pay the costs.
260	(b) If the dispute cannot be resolved by mediation or
261	other informal means, the executive director shall, through a
262	designee, notify the complainant of his or her rights for appeal
263	under state and federal law related to the program from which
264	the complaint arises. The commission shall adopt rules
265	sufficient to regulate the conduct of all proceedings required
266	under this section and to assure the rights of all parties
267	participating therein.
268	Section 3. Section 20.15, Florida Statutes, is amended to
269	read:
270	20.15 Department of Education.--There is created a
271	Department of Education.
272	(1) STATE BOARD OF EDUCATION.--In accordance with s. 2,
273	Art. IX of the State Constitution, the State Board of Education
274	is a body corporate and must supervise the system of free public
275	education as is provided by law. The State Board of Education is
276	the head of the Department of Education.
277	(2) COMMISSIONER OF EDUCATION.--The Commissioner of
278	Education is appointed by the State Board of Education and
279	serves as the Executive Director of the Department of Education.
280	(3) DIVISIONS.--The following divisions of the Department
281	of Education are established:
282	(a) Division of Community Colleges.
283	(b) Division of Public Schools.
284	(c) Division of Colleges and Universities.
285	(d) Division of Vocational Rehabilitation.
286	(e) Division of Blind Services.
287	(4) DIRECTORS.--Except as otherwise provided,the
288	directors of all divisions shall be appointed by the
289	commissioner subject to approval by the state board.
290	(5) POWERS AND DUTIES.--The State Board of Education and
291	the Commissioner of Education shall assign to the divisions such
292	powers, duties, responsibilities, and functions as are necessary
293	to ensure the greatest possible coordination, efficiency, and
294	effectiveness of education for students in K-20 education.
295	(6) COUNCILS AND COMMITTEES.--Notwithstanding anything
296	contained in law to the contrary, the commissioner shall appoint
297	all members of all councils, commissions,and committees of the
298	Department of Education, except the Commission for Independent
299	Education,and the Education Practices Commission, and the
300	Florida Commission for the Blind.
301	(7) BOARDS.--Notwithstanding anything contained in law to
302	the contrary, all members of the university and community
303	college boards of trustees must be appointed according to
304	chapter 1001.
305	Section 4. Section 413.011, Florida Statutes, is amended
306	to read:
307	413.011 Division of Blind Services, internal
308	organizational structure; Advisory Council for the Blind.--
309	(1) PURPOSE AND POLICY.--
310	(a) Purpose.--The purpose of this act is to establish a
311	coordinated program of services which will be available to
312	individuals throughout this state who are blind. The program
313	must be designed to maximize employment opportunities for such
314	individuals and to increase their independence and self-
315	sufficiency. In implementing this program, the Florida
316	Commission for the BlindThe internal organizational structure
317	of the Division of Blind Services shall be designed for the
318	purpose of ensuring the greatest possible efficiency and
319	effectiveness of services to the blind and to be consistent with
320	chapter 20. The Division of Blind Services shall plan and,
321	supervise, and the division shall carry out,the following
322	activities:
323	(a) Recommend personnel as may be necessary to carry out
324	the purposes of this section.
325	(b) Cause to be compiled and maintained a complete
326	register of the blind in the state, which shall describe the
327	condition, cause of blindness, and capacity for education and
328	industrial training, with such other facts as may seem to the
329	division to be of value. Any information in the register of the
330	blind which, when released, could identify an individual is
331	confidential and exempt from the provisions of s. 119.07(1).
332	1.(c)Inquire into the cause of blindness, inaugurate
333	preventive measures, and provide for the examination and
334	treatment of the blind, or those threatened with blindness, for
335	the benefit of such persons, and shall pay therefor, including
336	necessary incidental expenses.
337	2.(d)Aid the blind in finding employment, teach them
338	trades and occupations within their capacities, assist them in
339	disposing of products made by them in home industries, assist
340	them in obtaining funds for establishing enterprises where
341	federal funds reimburse the state, and do such things as will
342	contribute to the efficiency of self-support of the blind.
343	3.(e)Establish one or more training schools and workshops
344	for the employment of suitable blind persons; make expenditures
345	of funds for such purposes; receive moneys from sales of
346	commodities involved in such activities and from such funds make
347	payments of wages, repairs, insurance premiums and replacements
348	of equipment. All of the activities provided for in this section
349	may be carried on in cooperation with private workshops for the
350	blind, except that all tools and equipment furnished by the
351	division shall remain the property of the state.
352	4.(f)Provide special services and benefits for the blind
353	for developing their social life through community activities
354	and recreational facilities.
355	5.(g)Undertake such other activities as may ameliorate
356	the condition of blind residentscitizensof this state.
357	6.(h)Cooperate with other agencies, public or private,
358	especially the Division of the Blind and Physically Handicapped
359	of the Library of Congress and the Division of Library and
360	Information Services of the Department of State, to provide
361	library service to the blind and other handicapped persons as
362	defined in federal law and regulations in carrying out any or
363	all of the provisions of this law.
364	7.(i)Recommend contracts and agreements with federal,
365	state, county, municipal and private corporations, and
366	individuals.
367	8.(j)Receive moneys or properties by gift or bequest from
368	any person, firm, corporation, or organization for any of the
369	purposes herein set out in this part, but without authority to
370	bind the state to any expenditure or policy except such as is
371	may bespecifically authorized by law. All such moneys or
372	properties so received by gift or bequest as herein authorized
373	in this subparagraphmay be disbursed and expended by the
374	division upon its own warrant upon approval of the commission
375	for any of the purposes herein set forth in this part, and such
376	moneys or properties doshall not constitute nor may theyorbe
377	considered a part of any legislative appropriation made by the
378	state for the purpose of carrying out this sectionthe
379	provisions of this law.
380	9.(k)Prepare and make available to the blind, in braille
381	and on electronic recording equipment, Florida Statutes chapters
382	20, 120, 121, and 413, in their entirety.
383	10.(l)Adopt by rule procedures for providing vocational
384	rehabilitation services for the blind upon approval of the
385	commission.
386	11.(m)Adopt by rule forms and instructions to be used by
387	the division in its general administration upon approval of the
388	commission.
389	(b) Policy.--It is the policy of the Legislature that all
390	programs, projects, and activities of the Florida Commission for
391	the Blind and the division are to be carried out in a manner
392	consistent with the following principles:
393	1. Respect for individual dignity, personal
394	responsibility, self-determination to live independently, and
395	pursuit of meaningful careers, based on informed choice;
396	2. Support for the involvement of an individual's
397	representative if an individual requests, desires, or needs such
398	support;
399	3. Respect for the individual's privacy and equal access,
400	including the use of information in accessible formats; and
401	4. Integration and full participation of individuals who
402	are blind in society on equal terms with others.
403	(2) DEFINITIONS.--As used in this section, the term:
404	(a) "Act," unless the context indicates otherwise, means
405	the Rehabilitation Act of 1973, 29 U.S.C. ss. 701-797.
406	(b) "Blind" or "blindness" means the condition of any
407	person for whom blindness is a disability as defined by the
408	Rehabilitation Act of 1973, 29 U.S.C. s. 706(8)(b).
409	(3) FLORIDA COMMISSION FOR THE BLIND.--The Florida
410	Commission for the Blind shall, because of the special trust
411	placed in and the special responsibility imposed on employees of
412	the commission, require all employees and applicants for
413	employment to undergo personnel screening and security
414	background investigations as provided in chapter 435, using the
415	level 1 standards for screening set forth in that chapter, as a
416	condition of employment and continued employment. The commission
417	shall pay the cost of a personnel screening and security
418	background investigation for each employee of the commission.
419	(c) "Department" means the Department of Labor and
420	Employment Security.
421	(3) There is hereby created in the department the Advisory
422	Council for the Blind to assist the division in the planning and
423	development of statewide rehabilitation programs and services,
424	to recommend improvements to such programs and services, and to
425	perform the functions provided in this section.
426	(a) The advisory council shall be composed of:
427	1. At least one representative of the Independent Living
428	Council, which representative may be the chair or other designee
429	of the council;
430	2. At least one representative of a parent training and
431	information center established pursuant to s. 631(c)(9) of the
432	Individuals with Disabilities Act, 20 U.S.C. s. 1431(c)(9);
433	3. At least one representative of the client assistance
434	program established under the act;
435	4. At least one vocational rehabilitation counselor who
436	has knowledge of and experience in vocational rehabilitation
437	services for the blind, who shall serve as an ex officio
438	nonvoting member of the council if the counselor is an employee
439	of the department;
440	5. At least one representative of community rehabilitation
441	program service providers;
442	6. Four representatives of business, industry, and labor;
443	7. At least one representative of a disability advocacy
444	group representing individuals who are blind;
445	8. At least one parent, family member, guardian, advocate,
446	or authorized representative of an individual who is blind, has
447	multiple disabilities, and either has difficulties representing
448	himself or herself or is unable, due to disabilities, to
449	represent himself or herself;
450	9. Current or former applicants for, or recipients of,
451	vocational rehabilitation services; and
452	10. The director of the division, who shall be an ex
453	officio member of the council.
454	(b) Members of the council shall be appointed by the
455	Governor, who shall select members after soliciting
456	recommendations from representatives of organizations
457	representing a broad range of individuals who have disabilities,
458	and organizations interested in those individuals.
459	(c) A majority of council members shall be persons who
460	are:
461	1. Blind; and
462	2. Not employed by the division.
463	(d) The council shall select a chair from among its
464	membership.
465	(e) Each member of the council shall serve for a term of
466	not more than 3 years, except that:
467	1. A member appointed to fill a vacancy occurring prior to
468	the expiration of the term for which a predecessor was appointed
469	shall be appointed for the remainder of such term; and
470	2. The terms of service of the members initially appointed
471	shall be, as specified by the Governor, for such fewer number of
472	years as will provide for the expiration of terms on a staggered
473	basis.
474	(f) No member of the council may serve more than two
475	consecutive full terms.
476	(g) Any vacancy occurring in the membership of the council
477	shall be filled in the same manner as the original appointment.
478	A vacancy does not affect the power of the remaining members to
479	execute the duties of the council.
480	(h) In addition to the other functions specified in this
481	section, the council shall:
482	1. Review, analyze, and advise the division regarding the
483	performance of the responsibilities of the division under Title
484	I of the act, particularly responsibilities relating to:
485	a. Eligibility, including order of selection;
486	b. The extent, scope, and effectiveness of services
487	provided; and
488	c. Functions performed by state agencies that affect or
489	potentially affect the ability of individuals who are blind to
490	achieve rehabilitation goals and objectives under Title I.
491	2. Advise the department and the division, and, at the
492	discretion of the department or division, assist in the
493	preparation of applications, the state plan, the strategic plan,
494	and amendments to the plans, reports, needs assessments, and
495	evaluations required by Title I.
496	3. To the extent feasible, conduct a review and analysis
497	of the effectiveness of, and consumer satisfaction with:
498	a. The functions performed by state agencies and other
499	public and private entities responsible for performing functions
500	for individuals who are blind.
501	b. Vocational rehabilitation services:
502	(I) Provided or paid for from funds made available under
503	the act or through other public or private sources.
504	(II) Provided by state agencies and other public and
505	private entities responsible for providing vocational
506	rehabilitation services to individuals who are blind.
507	4. Prepare and submit an annual report on the status of
508	vocational rehabilitation services for the blind in the state to
509	the Governor and the Commissioner of the Rehabilitative Services
510	Administration, established under s. 702 of the act, and make
511	the report available to the public.
512	5. Coordinate with other councils within the state,
513	including the Independent Living Council, the advisory panel
514	established under s. 613(a)(12) of the Individuals with
515	Disabilities Education Act, 20 U.S.C. 1413(a)(12), the State
516	Planning Council described in s. 124 of the Developmental
517	Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s.
518	6024, and the state mental health planning council established
519	under s. 1916(e) of the Public Health Service Act, 42 U.S.C.
520	300X-4(e).
521	6. Advise the department and division and provide for
522	coordination and the establishment of working relationships
523	among the department, the division, the Independent Living
524	Council, and centers for independent living in the state.
525	7. Perform such other functions consistent with the
526	purposes of the act as the council determines to be appropriate
527	that are comparable to functions performed by the council.
528	(i)1. The council shall prepare, in conjunction with the
529	division, a plan for the provision of such resources, including
530	such staff and other personnel, as may be necessary to carry out
531	the functions of the council. The resource plan shall, to the
532	maximum extent possible, rely on the use of resources in
533	existence during the period of implementation of the plan.
534	2. If there is a disagreement between the council and the
535	division in regard to the resources necessary to carry out the
536	functions of the council as set forth in this section, the
537	disagreement shall be resolved by the Governor.
538	3. The council shall, consistent with law, supervise and
539	evaluate such staff and other personnel as may be necessary to
540	carry out its functions.
541	4. While assisting the council in carrying out its duties,
542	staff and other personnel shall not be assigned duties by the
543	division or any other state agency or office that would create a
544	conflict of interest.
545	(j) No council member shall cast a vote on any matter that
546	would provide direct financial benefit to the member or
547	otherwise give the appearance of a conflict of interest under
548	state law.
549	(k) The council shall convene at least four meetings each
550	year. These meetings shall occur in such places as the council
551	deems necessary to conduct council business. The council may
552	conduct such forums or hearings as the council considers
553	appropriate. The meetings, hearings, and forums shall be
554	publicly announced. The meetings shall be open and accessible to
555	the public. The council shall make a report of each meeting
556	which shall include a record of its discussions and
557	recommendations, all of which reports shall be made available to
558	the public.
559	Section 5. Section 413.0115, Florida Statutes, is amended
560	to read:
561	413.0115 State Board of Administration; authorization to
562	invest division's portfolio.--The State Board of Administration
563	may invest and reinvest the portfolio of stocks, bonds, and
564	mutual funds held by the Division of Blind Services in
565	accordance with the trust agreement approved by the Florida
566	Commission for the BlindDivision of Blind Servicesand the
567	State Board of Administration and the provisions of ss. 215.44-
568	215.53. The executive director of the Florida Commission for the
569	BlindDivision of Blind Servicesshall make the portfolio
570	available and shall transfer it to the State Board of
571	Administration for investment.
572	Section 6. Section 413.012, Florida Statutes, is amended
573	to read:
574	413.012 Confidential records disclosure prohibited;
575	exemptions.--
576	(1) All records furnished to the Division of Blind
577	Services in connection with state or local vocational
578	rehabilitation programs and containing information as to
579	personal facts about applicants or clients given or made
580	available to the state or local vocational rehabilitation agency
581	or its representatives or employees in the course of the
582	administration of the program, including lists of names and
583	addresses and records of evaluations of clients, are
584	confidential and exempt from the provisions of s. 119.07(1). The
585	division may disclose such exempt and confidential records to
586	the Florida Commission for the Blind when necessary for the
587	commission to perform its duties, but commissioners shall
588	maintain the exempt and confidential status of such records.
589	(2) It is unlawful for any person to disclose, authorize
590	the disclosure, solicit, receive, or make use of any list of
591	names and addresses or any record containing any information set
592	forth in subsection (1) and maintained in the division. The
593	prohibition provided for in this subsection doesshallnot apply
594	to the use of such information for purposes directly connected
595	with the administration of the vocational rehabilitation program
596	or with the monthly dispatch to the Division of Driver Licenses
597	of the Department of Highway Safety and Motor Vehicles of the
598	name in full, place and date of birth, sex, social security
599	number, and resident address of individuals who havewith
600	central visual acuity of20/200 or less in the better eye with
601	correcting glasses, or a disqualifying field defect in which the
602	peripheral field has contracted to such an extent that the
603	widest diameter or visual field subtends an angular distance no
604	greater than 20 degrees. When requested in writing by an
605	applicant or client, or her or his representative, the Division
606	of Blind Services shall release confidential information to the
607	applicant or client or her or his representative.
608	(3) Any person who violates a provision of this section is
609	guilty of a misdemeanor of the second degree, punishable as
610	provided in s. 775.082 or s. 775.083.
611	Section 7. Section 413.013, Florida Statutes, is amended
612	to read:
613	413.013 Destruction of records.--The Florida Commission
614	for the BlindDivision of Blind Servicesmay authorize the
615	destruction of any divisioncorrespondence, documents, or other
616	records when the subject matter involved has been closed or
617	terminated and their preservation is not required by federal or
618	state law, rule, or regulation. No Such material may notshall
619	be destroyed unless the commission has given specific authority
620	to destroy itis given by the division and unless thesaid
621	records have been in the possession of the commissiondivision5
622	or more years prior to their destruction.
623	Section 8. Section 413.014, Florida Statutes, is amended
624	to read:
625	413.014 Community-based rehabilitation programs.--The
626	Division of Blind Services shall enter into cooperative
627	agreements with community-based rehabilitation programs to be
628	the service providers for the blind citizens of their
629	communities. The division shall, as rapidly as feasible,
630	increase the amount of such services provided by community-based
631	rehabilitation programs. The goal shall be to decrease the
632	amount of such services provided by division employees and to
633	increase to the maximum extent allowed by federal law the amount
634	of such services provided through cooperative agreements with
635	community-based service providers. The division shall seek, to
636	the maximum extent allowed by federal and state law and
637	regulation, all available federal funds for such purposes.
638	Funds and in-kind matching contributions from community and
639	private sources shall be used to maximize federal funds. Unless
640	prohibited by federal law or regulation, the share of the
641	federal vocational rehabilitation grant apportioned for services
642	to the blind mustshallbe not less than 17 percent.
643	Section 9. Section 413.041, Florida Statutes, is amended
644	to read:
645	413.041 Eligible blind persons; placement in vending
646	facilities in public places.--For the purpose of assisting blind
647	persons to become self-supporting, the Division of Blind
648	Services is hereby authorized to carry on activities to promote
649	the employment of eligible blind persons, including the
650	licensing and establishment of such persons as operators of
651	vending facilities on public property. The saiddivision may
652	cooperate with any agency of the Federal Government in the
653	furtherance of the provisions of the Act of Congress entitled
654	"An Act to authorize the operation of stands in federal
655	buildings by blind persons, to enlarge the economic
656	opportunities of the blind and for other purposes," Pub. L. No.
657	732, 74th Congress, and the saiddivision may cooperate in the
658	furtherance of the provisions of any other act of Congress
659	providing for the rehabilitation of the blind which isthat may
660	now be in effect or ismay hereafter beenacted by Congress.
661	Section 10. Section 413.051, Florida Statutes, is amended
662	to read:
663	413.051 Eligible blind persons; operation of vending
664	stands.--
665	(1) This section may be citedshall be knownas the Little
666	Randolph Sheppard Act.
667	(2) As used in this section, the term:
668	(a) "Blind licensee" means any blind person trained and
669	licensed by the Division of Blind Services of the Department of
670	Education to operate a vending stand.
671	(b) "Vending stand" means any manually operated cafeteria,
672	snack bar, cart service, shelter, counter, or other manually
673	operated facility for the sale of newspapers, periodicals,
674	confections, tobacco products, foods, beverages, or other such
675	articles or services.
676	(c) "State agency" means any agency of the state.
677	(d) "State property" means any building or land owned,
678	leased, or otherwise controlled by the state, but does not
679	include any building or land under the control of the Board of
680	Regents, a community college district board of trustees, or any
681	state correctional institution as defined in s. 944.02.
682	(e) "Property custodian" or "person in charge" means any
683	employee, agent, or person who is in control of or responsible
684	for the maintenance, operation, and protection of any state
685	property.
686	(3) Blind licensees shall be given the first opportunity
687	to participate in the operation of vending stands on all state
688	properties acquired after July 1, 1979, when such facilities are
689	operated under the supervision of the Division of Blind Services
690	of the Department of Education.
691	(4) The Division of Blind Services shall conductbe
692	responsible fora periodic survey of all state properties and,
693	where feasible, shall establish vending facilities to be
694	operated by blind licensees.
695	(5) All property custodians and duly authorized agents or
696	employees of the state shall cooperate with the division in its
697	survey of state properties and shall make available adequate
698	space, electrical wiring, plumbing, and ventilation necessary to
699	the installation of a vending facility on any state property
700	designated as suitable by the division.
701	(6) The division shall be notified by property custodians
702	or persons in charge at least 180 days prior to the initiation
703	of any new construction, expansion, leasing, or acquisition of
704	property occupied or to be occupied by a state agency.
705	(7) ANo person or persons may notshallbe offered or
706	granted any concession by any property custodian or person in
707	charge to operate a vending stand on any state property acquired
708	after July 1, 1979, unless the division is notified of that
709	proposed concession.
710	(8) Income from new vending machines or replacement of
711	existing machines installed on state property after July 1,
712	1979, shall accrue to the blind licensee who operates a vending
713	facility on the same property or, if none, to the division. The
714	division shall be responsible for the servicing and maintenance
715	of all vending machines.
716	(9) This section does notIt is the legislative intent
717	that this section shall not apply or operate, in any way or any
718	manner, todivest any person or organization presently operating
719	a vending stand on state, county, or municipal property from
720	continuing to do so; however, the property custodian or person
721	in charge shall notify the Division of Blind Services at least
722	180 days prior to the expiration whether thesuchvending
723	facility location is suitable for operation by a blind licensee.
724	(10) All the preceding provisions are permissive regarding
725	all political subdivisions of the state.
726	(11) Effective July 1, 1996, blind licensees who remain
727	members of the Florida Retirement System pursuant to s.
728	121.051(6)(b)1. shall pay any unappropriated retirement costs
729	from their net profits or from program income. Within 30 days
730	after the effective date of this act, each blind licensee who is
731	eligible to maintain membership in the Florida Retirement System
732	under s. 121.051(6)(b)1., but who elects to withdraw from the
733	system as provided in s. 121.051(6)(b)3., must, on or before
734	July 31, 1996, notify the Division of Blind Services and the
735	Department of Management Services in writing of his or her
736	election to withdraw. Failure to timely notify the divisions
737	shall be deemed a decision to remain a compulsory member of the
738	Florida Retirement System. However, if, at any time after July
739	1, 1996, sufficient funds are not paid by a blind licensee to
740	cover the required contribution to the Florida Retirement
741	System, that blind licensee shall become ineligible to
742	participate in the Florida Retirement System on the last day of
743	the first month for which no contribution is made or the amount
744	contributed is insufficient to cover the required contribution.
745	For any blind licensee who becomes ineligible to participate in
746	the Florida Retirement System as described in this subsection,
747	no creditable service shall be earned under the Florida
748	Retirement System for any period following the month that
749	retirement contributions ceased to be reported. However, any
750	such person may participate in the Florida Retirement System in
751	the future if employed by a participating employer in a covered
752	position.
753	(12) The Division of Blind Services may adopt rules upon
754	the approval of the Florida Commission for the Blindto permit
755	the division to establish and maintain vending facilities, issue
756	licenses, establish and maintain a vending facility training
757	program, provide vendors access to financial data of the
758	program, set aside funds from net proceeds of the vending
759	facility, provide for the transfer and promotion of vendors,
760	establish a vendors committee, provide for an operation
761	agreement, provide duties and responsibilities of the commission
762	divisionwith respect to the vending facility program, and
763	provide procedures for newspaper vending sales.
764	Section 11. Section 413.091, Florida Statutes, is amended
765	to read:
766	413.091 Identification cards.--
767	(1) The Division of Blind Services of the Department of
768	Education shallis hereby empowered toissue identification
769	cards to persons known to be blind or partially sighted, upon
770	the written request of such individual.
771	(2) The individual shall submit proof of blindness as
772	specified by the division.
773	(3) The division iswill beresponsible for design and
774	content of the identification card and shall develop and adopt
775	promulgaterules, regulations, and procedures relating to the
776	eligibility and application for, and issuance and control of,
777	these identification cards.
778	Section 12. Section 413.092, Florida Statutes, is amended
779	to read:
780	413.092 Blind Babies Program.--
781	(1) The Blind Babies Program is created within the
782	Division of Blind Services of the Department of Education to
783	provide community-based early-intervention education to children
784	from birth through 5 years of age who are blind or visually
785	impaired, and to their parents, families, and caregivers,
786	through community-based provider organizations. The division
787	shall enlist parents, ophthalmologists, pediatricians, schools,
788	Infant and Toddlers Early Intervention Programs, and therapists
789	to help identify and enroll blind and visually impaired
790	children, as well as their parents, families, and caregivers, in
791	these educational programs.
792	(2) The program is not an entitlement but shall promote
793	early development with a special emphasis on vision skills to
794	minimize developmental delays. The education mustshalllay the
795	groundwork for future learning by helping a child progress
796	through normal developmental stages. It mustshallteach
797	children to discover and make the best use of their skills for
798	future success in school. It mustshallseek to ensure that
799	visually impaired and blind children enter school as ready to
800	learn as their sighted classmates. The program shall seek to
801	link these children, and their parents, families, and
802	caregivers, to other available services, training, education,
803	and employment programs that could assist these families in the
804	future. This linkage may include referrals to the school
805	districts and the Infants and Toddlers Early Intervention
806	Program for assessments to identify any additional services that
807	are needed butwhichare not provided by the Blind Babies
808	Program. The Florida Commission for the Blinddivisionshall
809	develop a formula for eligibility based on financial means and
810	may create a means-based matrix to set a copayment fee for
811	families having sufficient financial means.
812	(3) The commissiondivisionshall establish outcomes for
813	this program, which mustshallinclude, but are not limited to,
814	outcomes relating to the children's age-appropriate
815	developmental stages; knowledge of assistive technology;
816	proficiency at daily living; ability to participate in pre-
817	school and school; participation in their communities; and
818	ability to be literate. The commissiondivisionshall develop
819	criteria to be used in identifying and contracting with
820	community-based provider organizations. All services offered
821	through the Blind Babies Program shall be provided by community-
822	based provider organizations. The division shall require any
823	community-based provider organization delivering services under
824	this program to develop performance measures related to those
825	services and report to the division on the progress in achieving
826	those measures.
827	Section 13. Section 413.093, Florida Statutes, is created
828	to read:
829	413.093 Budget procedures.--
830	(1) The executive director of the Florida Commission for
831	the Blind shall recommend to the commission a budget of income
832	and expenditures at such time and in such form as the commission
833	prescribes. The commission shall adopt procedures for the
834	approval of budget amendments.
835	(2) In preparing the division's legislative budget
836	request, the Florida Commission for the Blind shall use the same
837	format, procedures, and timelines that are required for
838	preparing and submitting the legislative budget of the
839	Department of Education. The Commissioner of Education shall
840	include without modification the division’s budget request in
841	the department’s legislative budget request to the State Board
842	of Education. The State Board of Education shall include the
843	division’s budget request without modification in the State
844	Board of Education’s budget request to the Governor and the
845	Legislature. The legislative budget request and the
846	appropriation for the Florida Commission for the Blind must
847	constitute a separate identifiable sum in the Department of
848	Education budget. The annual appropriation for the commission
849	must be distributed monthly in payments that are as nearly equal
850	as possible. Appropriations for client services, instructional
851	technology, and motor vehicles may be released and distributed
852	as necessary to serve the instructional program for the clients.
853	(3) Fixed capital outlay needs of the commission must
854	continue to be requested in the public education capital outlay
855	legislative budget request of the Department of Education.
856	Section 14. Section 413.094, Florida Statutes, is created
857	to read:
858	413.094 Management flexibility.--
859	(1) Notwithstanding ss. 216.031, 216.181, and 216.262 to
860	the contrary and pursuant to s. 216.351, but subject to any
861	guidelines imposed in the General Appropriations Act, funds for
862	the operation of the Division of Blind Services must be
863	requested and appropriated within budget entities, program
864	components, program categories, lump sums, or special
865	categories. Funds appropriated to the division for each program
866	category, lump sum, or special category may be transferred to
867	traditional categories for expenditure by the division. The
868	commission shall develop an annual operating budget for the
869	division that allocates funds by program component and
870	traditional expenditure category.
871	(2) Notwithstanding s. 216.181 and pursuant to s. 216.351,
872	but subject to any requirements imposed in the General
873	Appropriations Act, a lump-sum plan is not a prerequisite to
874	implementing the special categories, program categories, or
875	lump-sum appropriations. Upon release of the special categories,
876	program categories, or lump-sum appropriations to the
877	commission, the Chief Financial Officer, upon the request of the
878	commission, shall transfer or reallocate funds to or among
879	accounts established for disbursement purposes. The commission
880	shall maintain records to account for the original appropriation
881	to the division.
882	(3) Notwithstanding ss. 216.031, 216.181, 216.251, and
883	216.262 to the contrary and pursuant to s. 216.351, but subject
884	to any requirements imposed in the General Appropriations Act,
885	the executive director shall establish the authorized positions
886	and may amend such positions, within the total funds authorized
887	annually in the appropriations act.
888	Section 15. Section 413.095, Florida Statutes, is created
889	to read:
890	413.095 Retention of title to and disposal of property and
891	equipment.--
892	(1) The Division of Blind Services retains title to any
893	real or personal property, such as tools, instruments, training
894	supplies, equipment, motor vehicles, real property, or other
895	items of value acquired for use by people who have visual
896	impairments or personnel employed in operating programs of the
897	division, and may repossess and transfer such property for use
898	by other people who have visual impairments or personnel
899	employed in the operation of the division.
900	(2) The Division of Blind Services, upon approval of the
901	commission, may offer for sale any surplus items acquired in the
902	operation of the program when they are no longer necessary or
903	may exchange them for necessary items that can be used to
904	greater advantage. When any such surplus equipment is sold or
905	exchanged, a receipt for the sale or exchange which shows the
906	consideration given for the equipment must be taken from the
907	purchaser, and the consideration must be forwarded to the
908	division to be included in the division's portfolio of
909	investments pursuant to s. 413.115. Any funds that the division
910	receives pursuant to any such transaction must be deposited in
911	the Grants and Donations Trust Fund, are exempt from the State
912	Treasury pursuant to s. 215.311, and are available for
913	expenditure for any purposes consistent with ss. 413.011-
914	413.092.
915	(3) The Florida Commission for the Blind has the exclusive
916	right to develop rules relating to records and recordkeeping for
917	property owned by the commission which is referred to in
918	subsections (1) and (2).
919	Section 16. Blind services direct-support organization.--
920	(1) As used in this section, the term "direct-support
921	organization" means a not-for-profit corporation incorporated
922	under chapter 617, Florida Statutes, and organized and operated
923	to conduct programs and activities; initiate developmental
924	projects; raise funds; request and receive grants, gifts, and
925	bequests of moneys; acquire, receive, hold, invest, and
926	administer, in its own name, securities, funds, objects of
927	value, or other property, real or personal; and make
928	expenditures to or for the direct or indirect benefit of the
929	state and for blind persons in this state.
930	(2)(a) The Florida Commission for the Blind is authorized
931	to organize and incorporate a direct-support organization
932	pursuant to the requirements of this section and chapter 617,
933	Florida Statutes, to accomplish the purposes and objectives set
934	forth in this section.
935	(b) The first board of seven members of the direct-support
936	organization shall be appointed by the Governor. Two members
937	shall serve 2-year terms, three members shall serve 3-year
938	terms, and two members shall serve 4-year terms. Thereafter,
939	the board shall be self-appointed according to the established
940	bylaw.
941	(c) The chairman of the commission shall serve as an ex
942	officio member of the board of the direct-support organization.
943	(d) The direct-support organization is subject to the
944	requirements of Section 24 of Article I of the State
945	Constitution, chapter 119, Florida Statutes, and section
946	286.011, Florida Statutes.
947	(e) Upon the dissolution of the corporation, all
948	properties of the corporation revert to the commission.
949	(f) The direct-support organization shall maintain
950	donations and direct service expenditures in a bank account
951	outside of the State Treasury.
952	(g) Any administrative costs of running and promoting the
953	purposes of the corporation must be paid by private funds.
954	(3) The purposes and objectives of the direct-support
955	organization must be consistent with the priority issues and
956	objectives of the Department of Education and must be in the
957	best interests of the state, though the Division of Blind
958	Services may permit, without charge, the appropriate use of
959	property and facilities of the state by the direct-support
960	organization subject to this section. Such use must be directly
961	in keeping with the approved purposes of the direct-support
962	organization.
963	(4) Funds designated for the direct-support organization
964	must be used for the enhancement of programs and projects of the
965	Division of Blind Services. All moneys received by the direct-
966	support organization must be deposited into an account of the
967	direct-support organization and must be used by the organization
968	in a manner consistent with the purposes and goals of the
969	direct-support organization.
970	(5) The direct-support organization shall comply with the
971	audit requirements of section 215.981, Florida Statutes.
972	(6) The executive director of the Division of Blind
973	Services may designate employees of the division to solicit
974	donations from public or private sources to fund the authorized
975	purposes of the direct-support organization.
976	Section 17. Reorganization of the division under this act
977	does not modify the status of division employees under chapter
978	110 and chapter 121, Florida Statutes.
979	Section 18. Sections 413.061, 413.062, 413.063, 413.064,
980	413.065, 413.066, 413.067, 413.068, and 413.069, Florida
981	Statutes, are repealed.
982	Section 19. This act shall take effect July 1, 2003.