HB 1345 2003
1	CHAMBER ACTION
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6	The Committee on Future of Florida's Families recommends the
7	following:
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9	Committee Substitute
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11	A bill to be entitled
12	An act relating to services for deaf persons and blind
13	persons; creating the Florida Council on Deafness;
14	providing membership and organization of the council;
15	providing role, purpose, powers, duties, and
16	responsibilities of the council; creating the Florida
17	Commission for the Blind in the Department of Education;
18	providing membership, powers and duties, and meetings of
19	the commission; providing for administrative support by
20	the department; providing that the commission is the
21	agency head of the Division of Blind Services; providing
22	that the division is the designated state unit under the
23	federal Rehabilitation Act of 1973; providing that the
24	division is a separate budget entity; providing for an
25	executive director of the commission, who is also chief
26	administrative officer of the division; providing for the
27	executive director to employ personnel; requiring the
28	division to develop and implement a state plan for
29	vocational rehabilitation services; requiring the division
30	to develop and implement a state plan for independent
31	living services; providing for the division to purchase
32	and distribute specialized equipment without using state
33	centralized purchasing procedures; exempting such
34	equipment from certain record and inventory requirements;
35	creating a children's program; requiring an annual report
36	by the commission; providing for dispute resolution;
37	amending s. 20.15, F.S.; providing that members of the
38	Florida Commission for the Blind are not appointed by the
39	Commissioner of Education; amending s. 413.011, F.S.;
40	providing legislative purpose and policy; providing duties
41	of the commission and the division; eliminating division
42	authority to recommend personnel; prescribing principles
43	for commission activities; providing definitions;
44	requiring background investigations of commission
45	personnel; repealing the Advisory Council for the Blind;
46	creating s. 413.093, F.S.; providing budgetary procedures
47	for the commission; providing duties of the executive
48	director of the commission; creating s. 413.094, F.S.;
49	providing for management flexibility in the division's
50	allocation of funds and the amendment of authorized
51	positions; requiring the commission to maintain records;
52	creating s. 413.095, F.S.; providing for the division to
53	retain title to certain real and personal property
54	intended for use by people who have visual impairments and
55	certain commission personnel; allowing the division to
56	repossess, transfer, and dispose of such property;
57	providing for rulemaking by the commission; authorizing
58	the commission to create a blind services direct-support
59	organization; providing purposes and objectives; providing
60	for members of board of the direct-support organization;
61	providing that the organization is subject to s. 24, Art.
62	I of the State Constitution, ch. 119, F.S., and s.
63	286.011, F.S.; requiring expenses of the organization to
64	be paid by private funds; providing guidelines for the use
65	of the funds; amending s. 413.0115, F.S., relating to the
66	State Board of Administration's authorization to invest a
67	portfolio, s. 413.012, F.S., relating to prohibiting the
68	disclosure of confidential records and providing
69	exemptions to the prohibition, s. 413.013, F.S., relating
70	to the destruction of certain records, s. 413.014, F.S.,
71	relating to community-based rehabilitation programs, s.
72	413.021, F.S. which prohibits persons or organizations
73	from selling, distributing, or exhibiting any product or
74	service which purports to be "blind-made," without
75	specified certification, s. 413.031, F.S.; which defines
76	"accredited nonprofit workshop," s. 413.041, F.S.,
77	relating to placing eligible blind persons in vending
78	facilities in public places, s. 413.051, F.S., the Little
79	Randolph Sheppard Act, s. 413.091, F.S., relating to the
80	issuance of identification cards to persons known to be
81	blind or partially sighted, s. 413.092, F.S., relating to
82	the Blind Babies Program, s. 413.395, F.S., relating to
83	the Florida Independent Living Council, s. 553.512, F.S.,
84	relating to membership of the Accessibility Advisory
85	Council, and s. 1013.38, F.S., relating to specified
86	facilities services provided by the Department of
87	Management Services; conforming provisions to the changes
88	made by the act and providing technical changes; providing
89	that the act does not modify status of certain employees;
90	repealing ss. 413.061, 413.062, 413.063, 413.064, 413.065,
91	413.066, 413.067, 413.068, 413.069, F.S., relating to the
92	issuance of permits for soliciting funds on behalf of
93	blind persons; providing an effective date.
94
95	Be It Enacted by the Legislature of the State of Florida:
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97	Section 1. Florida Council on Deafness.--
98	(1)(a) There is established the Florida Council on
99	Deafness. The council is assigned to the Department of Education
100	for administrative and fiscal purposes, but it shall otherwise
101	function independently of the control, supervision, and
102	direction of the Department of Education.
103	(b) The council shall consist of 9 members appointed by
104	the Governor, after consultation with statewide not-for-profit
105	professional organizations that represent deaf, hard-of-hearing,
106	and late-deafened individuals, which members shall be confirmed
107	by the Senate. The Governor shall make appointments to the
108	council no later than July 1, 2003. Each member shall serve a
109	term of 4 years; however, for the purpose of providing staggered
110	terms, of the initial appointments, five members shall be
111	appointed to a 2-year term and four members shall be appointed
112	to a 4-year term. Any vacancy on the council shall be filled in
113	the same manner as the original appointment, and any member
114	appointed to fill a vacancy occurring because of death,
115	resignation, or ineligibility for membership shall serve only
116	for the unexpired term of the member's predecessor.
117	(c) The first meeting of the council shall be held no
118	later than August 1, 2003. The council members, at the
119	organizational meeting, shall elect by a majority vote of the
120	members one member to serve as chair of the council for a term
121	of 1 year. The council shall meet at least once each quarter.
122	All meetings are subject to the call of the chair. Five members
123	of the council shall constitute a quorum.
124	(d) Members of the council shall serve without
125	compensation but may be reimbursed for per diem and travel
126	expenses pursuant to section 112.061, Florida Statutes.
127	(e) Staff of the Department of Education shall be assigned
128	by the Commissioner of Education to assist the council in the
129	duties assigned to it by this section.
130	(2) It shall be the role of the council to serve as an
131	advisory and coordinating body in the state that recommends
132	policies that address the needs of deaf, hard-of-hearing, and
133	late-deafened persons and that recommends methods that improve
134	the coordination of services among the public and private
135	entities that provide services to deaf, hard-of-hearing, and
136	late-deafened persons. The council is authorized to provide
137	technical assistance, advocacy, and education. To that end, the
138	council shall:
139	(a) Provide information and assistance to the Legislature.
140	(b) Provide technical assistance to other state agencies.
141	(c) Provide information and referral services.
142	(d) Promote public and individual advocacy for deaf, hard-
143	of-hearing, and late-deafened citizens.
144	(e) Conduct public hearings as needed.
145	(3) The council shall prepare a report, which shall be
146	filed with the Governor, the President of the Senate, the
147	Speaker of the House of Representatives and the Chief Justice of
148	the Supreme Court by January 1, 2004, which shall include:
149	(a) A review of state agencies to determine if they are in
150	compliance with accessibility standards as they relate to
151	services for deaf, hard-of-hearing, and late-deafened
152	individuals.
153	(b) A review of federal and state statutes, rules, and
154	regulations that establish requirements with which agencies must
155	comply, including, but not limited to, equipment and
156	communication accessibility standards in the provision of
157	services to deaf, hard-of-hearing, and late-deafened
158	individuals.
159	(c) A comparison of the licensure and accreditation
160	requirements for sign-language interpreters, oral interpreters,
161	and entities providing services, both directly and indirectly,
162	to individuals with hearing loss among the ten most populous
163	states.
164	(d) Recommendations for standards for and licensure of
165	sign-language interpreters and providers of Computer-Aided Real-
166	time Translation services (CART) and other service provider
167	accreditation standards.
168	(4) The council may:
169	(a) Secure assistance from all state departments and
170	agencies in order to avail itself of expertise at minimal cost.
171	(b) Obtain information and assistance from the state or
172	any political subdivision, municipal corporation, public
173	officer, or governmental department or agency thereof.
174	(c) Apply for and accept funds, grants, gifts, and
175	services from local or state government or the Federal
176	Government, or from any of their agencies, or any other public
177	or private source, and use funds for the purposes authorized by
178	this section.
179	(5) All executive branch state agencies are instructed,
180	and all other state agencies are requested, to aid and assist
181	the council in the accomplishment of its purposes.
182	(6) Nothing in this act is intended to or shall be
183	interpreted as extending the duties or responsibilities of the
184	council to any program, service, or activity which is subject to
185	the jurisdiction or oversight of the Public Service Commission.
186	Section 2. Florida Commission for the Blind; creation;
187	membership; powers and duties.--
188	(1)(a) There is created within the Department of Education
189	a commission under section 20.03(10), Florida Statutes, which is
190	independent of the department and which is designated as the
191	Florida Commission for the Blind. The Florida Commission for the
192	Blind is the designated state agency in accordance with the
193	Rehabilitation Act of 1973, as amended.
194	(b) The commission is the agency head of the Division of
195	Blind Services within the Department of Education, which
196	division is the designated state unit in accordance with the
197	Rehabilitation Act of 1973, as amended. The division is a
198	separate budget entity, and the commission shall serve as its
199	agency head for all purposes.
200	(c) The Department of Education shall provide
201	administrative support and services to the commission and to the
202	division to the extent requested by the commission or the
203	executive director. The division is not subject to control,
204	supervision, or direction by the Department of Education in any
205	matter, including, but not limited to, personnel, purchasing,
206	transactions involving real or personal property, and budgetary
207	matters.
208	(2)(a) The commission shall consist of nine members, the
209	majority of whom are blind, who are appointed by the Governor
210	and confirmed by the Senate.
211	(b) Members of the commission must be qualified to serve
212	based on their knowledge and experience in rehabilitation and
213	related services for the blind. Before making appointments, the
214	Governor shall consult with recognized consumer groups of people
215	who are blind in this state to obtain their recommendations for
216	appointees.
217	(c) Each commissioner shall be appointed for a 3-year
218	term, except that, in order to establish staggered terms, three
219	of the initial appointments shall be for 3-year terms; three of
220	the initial appointments shall be for 2-year terms; and three of
221	the initial appointments shall be for 1-year terms. Thereafter,
222	all commissioners shall be appointed for 3-year terms. The
223	initial appointments to the commission shall be made no later
224	than July 15, 2003.
225	(d) Each commissioner is accountable to the Governor for
226	the proper performance of the duties of his or her office. The
227	Governor may remove any member from office for malfeasance,
228	misfeasance, neglect of duty, incompetence, or permanent
229	inability to perform his or her official duties or for pleading
230	nolo contendere to or being found guilty of a crime.
231	(3) The first meeting of the commission must be held no
232	later than August 1, 2003. A majority of the members of the
233	commission constitutes a quorum to transact business. The chair
234	of the commission shall be elected by the members present and
235	voting at the first meeting, a quorum being present, and
236	annually thereafter. The commission shall meet at least
237	quarterly or at the call of the chair or at the call of a
238	majority of the members at such other times as the commissioners
239	determine appropriate. The commission is subject to Section 24,
240	Article I of the State Constitution, chapter 119, Florida
241	Statutes, and section 286.011, Florida Statutes.
242	(4) A commissioner:
243	(a) May not be employed by the division during the term of
244	his or her membership;
245	(b) May not receive compensation for services on the
246	commission;
247	(c) Shall be reimbursed for travel expenses and per diem
248	as provided in section 112.061, Florida Statutes; and
249	(d) May not receive financial benefit from contracts
250	entered into by the commission.
251	(5)(a) The commission shall appoint an executive director
252	who has knowledge and experience in rehabilitation and related
253	services for the blind or has a background in management and any
254	other area, as determined appropriate by the commission. The
255	executive director serves at the pleasure of the commission.
256	Removal of the executive director by vote of the commission
257	requires five votes in favor of such action.
258	(b) The executive director shall serve as the chief
259	administrative officer of the Division of Blind Services. The
260	executive director shall employ such personnel as are needed and
261	shall fix their compensation. All division employees shall
262	report to the executive director.
263	(6)(a) The division shall develop and implement a state
264	plan for vocational rehabilitation services for individuals who
265	are blind, pursuant to section 101 of the Rehabilitation Act of
266	1973, as amended.
267	(b) In conjunction with the Florida Independent Living
268	Council, the division shall develop and implement a 3-year state
269	plan for independent living services and provide independent
270	living services for blind and visually impaired individuals,
271	including services for older individuals who are blind, pursuant
272	to Title VII, chapter 2 of the Rehabilitation Act of 1973, as
273	amended.
274	(c) The division shall provide services that contribute to
275	the maintenance of or the increased independence of older
276	individuals who are blind.
277	(d) The division shall establish, equip, and maintain an
278	orientation and adjustment center or centers to provide
279	independent living skills training and other training such as,
280	but not limited to, instruction in Braille; use of the long
281	white cane for independent travel; homemaking and home-
282	management skills; and communication skills, including the use
283	of computer technology, to prepare individuals who are blind or
284	visually impaired for eventual vocational training, job
285	placement, and independence.
286	(e) The division shall establish and implement a small
287	business enterprises program and serve as the state licensing
288	agency for individuals who are blind, pursuant to the federal
289	Randolph-Sheppard Act.
290	(f) The division shall purchase and distribute specialized
291	equipment, devices, and technology, including low-vision aids,
292	obtained directly from specialty vendors without using state
293	centralized purchasing procedures. Property that is purchased by
294	a state agency for the purpose of making accommodations for
295	individuals who are blind is not subject to the record and
296	inventory requirements set forth in section 273.02, Florida
297	Statutes. A state agency may use funds from all possible sources
298	to make accommodations for individuals who are blind.
299	(g) In cooperation with the Library of Congress, the
300	division shall provide library services to persons who are blind
301	and persons who have physical disabilities.
302	(h) In cooperation with other appropriate agencies, the
303	division shall provide to employers, the state education agency,
304	and local education agencies technical assistance in the
305	provision of auxiliary aids and services to people who are
306	blind, students, and their parents in complying with the
307	Americans with Disabilities Act and the Individuals with
308	Disabilities Education Act, as amended.
309	(i) The division shall provide technical assistance to
310	agencies within the state in order to assure that information
311	technology purchased or used by such agencies is accessible to
312	and usable by individuals who are blind, at the time the
313	technology is purchased or used.
314	(j) The division shall participate, through the
315	designation of the executive director or an appropriate staff
316	member of the commission, on boards, commissions, or bodies in
317	this state for the purpose of coordinating and planning
318	services.
319	(k) The division shall conduct a review of consumer
320	satisfaction with programs of the division and perform other
321	functions of the statewide rehabilitation council specified in
322	section 105(c) of the Rehabilitation Act of 1973, as amended.
323	(l) The commission shall adopt rules for administering the
324	programs of the division.
325	(m) The division shall apply for and receive money from
326	any state or federal agency to support the programs of the
327	commission.
328	(n) The division shall develop and administer any other
329	program that will further the provision of services to people
330	who are blind and that the commission determines falls within
331	its scope of responsibility.
332	(7)(a) There is created within the Division of Blind
333	Services a children's program to serve children who are blind
334	from 5 years of age through transition to the Vocational
335	Rehabilitation Program. This program must supplement services
336	already offered by the school system to foster the child's
337	learning and ability to function independently. The child's
338	parents, guardian, and family members should be an integral part
339	of the program in order to foster independence.
340	(b) The division shall provide vocational rehabilitation
341	services to individuals in this state who are blind, pursuant to
342	the Rehabilitation Act of 1973, as amended.
343	(c) The division shall provide independent living services
344	to individuals in this state who are blind, including older
345	individuals, pursuant to the Rehabilitation Act of 1973, as
346	amended.
347	(8) The Florida Commission for the Blind shall publish an
348	annual report that includes a list of accomplishments, findings,
349	and recommendations for improvements based on the division's
350	performance during the year. The report must also contain
351	information needed to evaluate the progress of the division in
352	meeting the needs of blind individuals in this state.
353	(9)(a) Any applicant for or recipient of services from the
354	division who is dissatisfied with any action taken or decision
355	made regarding such services may file a complaint setting forth
356	the basis for the dissatisfaction and the remedy sought. Upon
357	receipt of the complaint, the executive director shall inform
358	the individual of the voluntary procedures for mediation of the
359	dispute. The mediation must be conducted by a qualified and
360	impartial mediator, and the commission must pay the costs.
361	(b) If the dispute cannot be resolved by mediation or
362	other informal means, the executive director shall, through a
363	designee, notify the complainant of his or her rights for appeal
364	under state and federal law related to the program from which
365	the complaint arises. The commission shall adopt rules
366	sufficient to regulate the conduct of all proceedings required
367	under this section and to assure the rights of all parties
368	participating therein.
369	Section 3. Section 20.15, Florida Statutes, is amended to
370	read:
371	20.15 Department of Education.--There is created a
372	Department of Education.
373	(1) STATE BOARD OF EDUCATION.--In accordance with s. 2,
374	Art. IX of the State Constitution, the State Board of Education
375	is a body corporate and must supervise the system of free public
376	education as is provided by law. The State Board of Education is
377	the head of the Department of Education.
378	(2) COMMISSIONER OF EDUCATION.--The Commissioner of
379	Education is appointed by the State Board of Education and
380	serves as the Executive Director of the Department of Education.
381	(3) DIVISIONS.--The following divisions of the Department
382	of Education are established:
383	(a) Division of Community Colleges.
384	(b) Division of Public Schools.
385	(c) Division of Colleges and Universities.
386	(d) Division of Vocational Rehabilitation.
387	(e) Division of Blind Services.
388	(4) DIRECTORS.--Except as otherwise provided,the
389	directors of all divisions shall be appointed by the
390	commissioner subject to approval by the state board.
391	(5) POWERS AND DUTIES.--The State Board of Education and
392	the Commissioner of Education shall assign to the divisions such
393	powers, duties, responsibilities, and functions as are necessary
394	to ensure the greatest possible coordination, efficiency, and
395	effectiveness of education for students in K-20 education.
396	(6) COUNCILS AND COMMITTEES.--Notwithstanding anything
397	contained in law to the contrary, the commissioner shall appoint
398	all members of all councils, commissions,and committees of the
399	Department of Education, except the Commission for Independent
400	Education,and the Education Practices Commission, and the
401	Florida Commission for the Blind.
402	(7) BOARDS.--Notwithstanding anything contained in law to
403	the contrary, all members of the university and community
404	college boards of trustees must be appointed according to
405	chapter 1001.
406	Section 4. Section 413.011, Florida Statutes, is amended
407	to read:
408	413.011 Division of Blind Services, internal
409	organizational structure; Advisory Council for the Blind.--
410	(1) PURPOSE AND POLICY.--
411	(a) Purpose.--The purpose of this act is to establish a
412	coordinated program of services which will be available to
413	individuals throughout this state who are blind. The program
414	must be designed to maximize employment opportunities for such
415	individuals and to increase their independence and self-
416	sufficiency. In implementing this program, the Florida
417	Commission for the BlindThe internal organizational structure
418	of the Division of Blind Services shall be designed for the
419	purpose of ensuring the greatest possible efficiency and
420	effectiveness of services to the blind and to be consistent with
421	chapter 20. The Division of Blind Services shall plan and,
422	supervise, and the division shall carry out,the following
423	activities:
424	(a) Recommend personnel as may be necessary to carry out
425	the purposes of this section.
426	(b) Cause to be compiled and maintained a complete
427	register of the blind in the state, which shall describe the
428	condition, cause of blindness, and capacity for education and
429	industrial training, with such other facts as may seem to the
430	division to be of value. Any information in the register of the
431	blind which, when released, could identify an individual is
432	confidential and exempt from the provisions of s. 119.07(1).
433	1.(c)Inquire into the cause of blindness, inaugurate
434	preventive measures, and provide for the examination and
435	treatment of the blind, or those threatened with blindness, for
436	the benefit of such persons, and shall pay therefor, including
437	necessary incidental expenses.
438	2.(d)Aid the blind in finding employment, teach them
439	trades and occupations within their capacities, assist them in
440	disposing of products made by them in home industries, assist
441	them in obtaining funds for establishing enterprises where
442	federal funds reimburse the state, and do such things as will
443	contribute to the efficiency of self-support of the blind.
444	3.(e)Establish one or more training schools and workshops
445	for the employment of suitable blind persons; make expenditures
446	of funds for such purposes; receive moneys from sales of
447	commodities involved in such activities and from such funds make
448	payments of wages, repairs, insurance premiums and replacements
449	of equipment. All of the activities provided for in this section
450	may be carried on in cooperation with private workshops for the
451	blind, except that all tools and equipment furnished by the
452	division shall remain the property of the state.
453	4.(f)Provide special services and benefits for the blind
454	for developing their social life through community activities
455	and recreational facilities.
456	5.(g)Undertake such other activities as may ameliorate
457	the condition of blind residentscitizensof this state.
458	6.(h)Cooperate with other agencies, public or private,
459	especially the Division of the Blind and Physically Handicapped
460	of the Library of Congress and the Division of Library and
461	Information Services of the Department of State, to provide
462	library service to the blind and other handicapped persons as
463	defined in federal law and regulations in carrying out any or
464	all of the provisions of this law.
465	7.(i)Recommend contracts and agreements with federal,
466	state, county, municipal and private corporations, and
467	individuals.
468	8.(j)Receive moneys or properties by gift or bequest from
469	any person, firm, corporation, or organization for any of the
470	purposes herein set out in this part, but without authority to
471	bind the state to any expenditure or policy except such as is
472	may bespecifically authorized by law. All such moneys or
473	properties so received by gift or bequest as herein authorized
474	in this subparagraphmay be disbursed and expended by the
475	division upon its own warrant upon approval of the commission
476	for any of the purposes herein set forth in this part, and such
477	moneys or properties doshall not constitute nor may theyorbe
478	considered a part of any legislative appropriation made by the
479	state for the purpose of carrying out this sectionthe
480	provisions of this law.
481	9.(k)Prepare and make available to the blind, in braille
482	and on electronic recording equipment, Florida Statutes chapters
483	20, 120, 121, and 413, in their entirety.
484	10.(l)Adopt by rule procedures for providing vocational
485	rehabilitation services for the blind upon approval of the
486	commission.
487	11.(m)Adopt by rule forms and instructions to be used by
488	the division in its general administration upon approval of the
489	commission.
490	(b) Policy.--It is the policy of the Legislature that all
491	programs, projects, and activities of the Florida Commission for
492	the Blind and the division are to be carried out in a manner
493	consistent with the following principles:
494	1. Respect for individual dignity, personal
495	responsibility, self-determination to live independently, and
496	pursuit of meaningful careers, based on informed choice;
497	2. Support for the involvement of an individual's
498	representative if an individual requests, desires, or needs such
499	support;
500	3. Respect for the individual's privacy and equal access,
501	including the use of information in accessible formats; and
502	4. Integration and full participation of individuals who
503	are blind in society on equal terms with others.
504	(2) DEFINITIONS.--As used in this section, the term:
505	(a) "Act," unless the context indicates otherwise, means
506	the Rehabilitation Act of 1973, 29 U.S.C. ss. 701-797.
507	(b) "Blind" or "blindness" means the condition of any
508	person for whom blindness is a disability as defined by the
509	Rehabilitation Act of 1973, 29 U.S.C. s. 706(8)(b).
510	(3) FLORIDA COMMISSION FOR THE BLIND.--The Florida
511	Commission for the Blind shall, because of the special trust
512	placed in and the special responsibility imposed on employees of
513	the commission, require all employees and applicants for
514	employment to undergo personnel screening and security
515	background investigations as provided in chapter 435, using the
516	level 1 standards for screening set forth in that chapter, as a
517	condition of employment and continued employment. The commission
518	shall pay the cost of a personnel screening and security
519	background investigation for each employee of the commission.
520	(c) "Department" means the Department of Labor and
521	Employment Security.
522	(3) There is hereby created in the department the Advisory
523	Council for the Blind to assist the division in the planning and
524	development of statewide rehabilitation programs and services,
525	to recommend improvements to such programs and services, and to
526	perform the functions provided in this section.
527	(a) The advisory council shall be composed of:
528	1. At least one representative of the Independent Living
529	Council, which representative may be the chair or other designee
530	of the council;
531	2. At least one representative of a parent training and
532	information center established pursuant to s. 631(c)(9) of the
533	Individuals with Disabilities Act, 20 U.S.C. s. 1431(c)(9);
534	3. At least one representative of the client assistance
535	program established under the act;
536	4. At least one vocational rehabilitation counselor who
537	has knowledge of and experience in vocational rehabilitation
538	services for the blind, who shall serve as an ex officio
539	nonvoting member of the council if the counselor is an employee
540	of the department;
541	5. At least one representative of community rehabilitation
542	program service providers;
543	6. Four representatives of business, industry, and labor;
544	7. At least one representative of a disability advocacy
545	group representing individuals who are blind;
546	8. At least one parent, family member, guardian, advocate,
547	or authorized representative of an individual who is blind, has
548	multiple disabilities, and either has difficulties representing
549	himself or herself or is unable, due to disabilities, to
550	represent himself or herself;
551	9. Current or former applicants for, or recipients of,
552	vocational rehabilitation services; and
553	10. The director of the division, who shall be an ex
554	officio member of the council.
555	(b) Members of the council shall be appointed by the
556	Governor, who shall select members after soliciting
557	recommendations from representatives of organizations
558	representing a broad range of individuals who have disabilities,
559	and organizations interested in those individuals.
560	(c) A majority of council members shall be persons who
561	are:
562	1. Blind; and
563	2. Not employed by the division.
564	(d) The council shall select a chair from among its
565	membership.
566	(e) Each member of the council shall serve for a term of
567	not more than 3 years, except that:
568	1. A member appointed to fill a vacancy occurring prior to
569	the expiration of the term for which a predecessor was appointed
570	shall be appointed for the remainder of such term; and
571	2. The terms of service of the members initially appointed
572	shall be, as specified by the Governor, for such fewer number of
573	years as will provide for the expiration of terms on a staggered
574	basis.
575	(f) No member of the council may serve more than two
576	consecutive full terms.
577	(g) Any vacancy occurring in the membership of the council
578	shall be filled in the same manner as the original appointment.
579	A vacancy does not affect the power of the remaining members to
580	execute the duties of the council.
581	(h) In addition to the other functions specified in this
582	section, the council shall:
583	1. Review, analyze, and advise the division regarding the
584	performance of the responsibilities of the division under Title
585	I of the act, particularly responsibilities relating to:
586	a. Eligibility, including order of selection;
587	b. The extent, scope, and effectiveness of services
588	provided; and
589	c. Functions performed by state agencies that affect or
590	potentially affect the ability of individuals who are blind to
591	achieve rehabilitation goals and objectives under Title I.
592	2. Advise the department and the division, and, at the
593	discretion of the department or division, assist in the
594	preparation of applications, the state plan, the strategic plan,
595	and amendments to the plans, reports, needs assessments, and
596	evaluations required by Title I.
597	3. To the extent feasible, conduct a review and analysis
598	of the effectiveness of, and consumer satisfaction with:
599	a. The functions performed by state agencies and other
600	public and private entities responsible for performing functions
601	for individuals who are blind.
602	b. Vocational rehabilitation services:
603	(I) Provided or paid for from funds made available under
604	the act or through other public or private sources.
605	(II) Provided by state agencies and other public and
606	private entities responsible for providing vocational
607	rehabilitation services to individuals who are blind.
608	4. Prepare and submit an annual report on the status of
609	vocational rehabilitation services for the blind in the state to
610	the Governor and the Commissioner of the Rehabilitative Services
611	Administration, established under s. 702 of the act, and make
612	the report available to the public.
613	5. Coordinate with other councils within the state,
614	including the Independent Living Council, the advisory panel
615	established under s. 613(a)(12) of the Individuals with
616	Disabilities Education Act, 20 U.S.C. 1413(a)(12), the State
617	Planning Council described in s. 124 of the Developmental
618	Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s.
619	6024, and the state mental health planning council established
620	under s. 1916(e) of the Public Health Service Act, 42 U.S.C.
621	300X-4(e).
622	6. Advise the department and division and provide for
623	coordination and the establishment of working relationships
624	among the department, the division, the Independent Living
625	Council, and centers for independent living in the state.
626	7. Perform such other functions consistent with the
627	purposes of the act as the council determines to be appropriate
628	that are comparable to functions performed by the council.
629	(i)1. The council shall prepare, in conjunction with the
630	division, a plan for the provision of such resources, including
631	such staff and other personnel, as may be necessary to carry out
632	the functions of the council. The resource plan shall, to the
633	maximum extent possible, rely on the use of resources in
634	existence during the period of implementation of the plan.
635	2. If there is a disagreement between the council and the
636	division in regard to the resources necessary to carry out the
637	functions of the council as set forth in this section, the
638	disagreement shall be resolved by the Governor.
639	3. The council shall, consistent with law, supervise and
640	evaluate such staff and other personnel as may be necessary to
641	carry out its functions.
642	4. While assisting the council in carrying out its duties,
643	staff and other personnel shall not be assigned duties by the
644	division or any other state agency or office that would create a
645	conflict of interest.
646	(j) No council member shall cast a vote on any matter that
647	would provide direct financial benefit to the member or
648	otherwise give the appearance of a conflict of interest under
649	state law.
650	(k) The council shall convene at least four meetings each
651	year. These meetings shall occur in such places as the council
652	deems necessary to conduct council business. The council may
653	conduct such forums or hearings as the council considers
654	appropriate. The meetings, hearings, and forums shall be
655	publicly announced. The meetings shall be open and accessible to
656	the public. The council shall make a report of each meeting
657	which shall include a record of its discussions and
658	recommendations, all of which reports shall be made available to
659	the public.
660	Section 5. Section 413.0115, Florida Statutes, is amended
661	to read:
662	413.0115 State Board of Administration; authorization to
663	invest division's portfolio.--The State Board of Administration
664	may invest and reinvest the portfolio of stocks, bonds, and
665	mutual funds held by the Division of Blind Services in
666	accordance with the trust agreement approved by the Florida
667	Commission for the BlindDivision of Blind Servicesand the
668	State Board of Administration and the provisions of ss. 215.44-
669	215.53. The executive director of the Florida Commission for the
670	BlindDivision of Blind Servicesshall make the portfolio
671	available and shall transfer it to the State Board of
672	Administration for investment.
673	Section 6. Section 413.012, Florida Statutes, is amended
674	to read:
675	413.012 Confidential records disclosure prohibited;
676	exemptions.--
677	(1) All records furnished to the Division of Blind
678	Services in connection with state or local vocational
679	rehabilitation programs and containing information as to
680	personal facts about applicants or clients given or made
681	available to the state or local vocational rehabilitation agency
682	or its representatives or employees in the course of the
683	administration of the program, including lists of names and
684	addresses and records of evaluations of clients, are
685	confidential and exempt from the provisions of s. 119.07(1). The
686	division may disclose such exempt and confidential records to
687	the Florida Commission for the Blind when necessary for the
688	commission to perform its duties, but commissioners shall
689	maintain the exempt and confidential status of such records.
690	(2) It is unlawful for any person to disclose, authorize
691	the disclosure, solicit, receive, or make use of any list of
692	names and addresses or any record containing any information set
693	forth in subsection (1) and maintained in the division. The
694	prohibition provided for in this subsection doesshallnot apply
695	to the use of such information for purposes directly connected
696	with the administration of the vocational rehabilitation program
697	or with the monthly dispatch to the Division of Driver Licenses
698	of the Department of Highway Safety and Motor Vehicles of the
699	name in full, place and date of birth, sex, social security
700	number, and resident address of individuals who havewith
701	central visual acuity of20/200 or less in the better eye with
702	correcting glasses, or a disqualifying field defect in which the
703	peripheral field has contracted to such an extent that the
704	widest diameter or visual field subtends an angular distance no
705	greater than 20 degrees. When requested in writing by an
706	applicant or client, or her or his representative, the Division
707	of Blind Services shall release confidential information to the
708	applicant or client or her or his representative.
709	(3) Any person who violates a provision of this section is
710	guilty of a misdemeanor of the second degree, punishable as
711	provided in s. 775.082 or s. 775.083.
712	Section 7. Section 413.013, Florida Statutes, is amended
713	to read:
714	413.013 Destruction of records.--The Florida Commission
715	for the BlindDivision of Blind Servicesmay authorize the
716	destruction of any divisioncorrespondence, documents, or other
717	records when the subject matter involved has been closed or
718	terminated and their preservation is not required by federal or
719	state law, rule, or regulation. No Such material may notshall
720	be destroyed unless the commission has given specific authority
721	to destroy itis given by the division and unless thesaid
722	records have been in the possession of the commissiondivision5
723	or more years prior to their destruction.
724	Section 8. Section 413.014, Florida Statutes, is amended
725	to read:
726	413.014 Community-based rehabilitation programs.--The
727	Division of Blind Services shall enter into cooperative
728	agreements with community-based rehabilitation programs to be
729	the service providers for the blind citizens of their
730	communities. The division shall, as rapidly as feasible,
731	increase the amount of such services provided by community-based
732	rehabilitation programs. The goal shall be to decrease the
733	amount of such services provided by division employees and to
734	increase to the maximum extent allowed by federal law the amount
735	of such services provided through cooperative agreements with
736	community-based service providers. The division shall seek, to
737	the maximum extent allowed by federal and state law and
738	regulation, all available federal funds for such purposes.
739	Funds and in-kind matching contributions from community and
740	private sources shall be used to maximize federal funds. Unless
741	prohibited by federal law or regulation, the share of the
742	federal vocational rehabilitation grant apportioned for services
743	to the blind mustshallbe not less than 17 percent.
744	Section 9. Subsection (3) of section 413.021, Florida
745	Statutes, is amended to read:
746	413.021 Products and services by blind persons; sale,
747	exhibition regulated.--
748	(3) No person or organization shall sell, distribute, or
749	exhibit any product or service which purports or is advertised
750	to be "blind-made," unless the Florida Commission for the Blind
751	Division of Blind Servicesshall certify that such product or
752	service complies with the provisions of subsection (2).
753	(4) Any person, including the officers, owners, or members
754	of any corporation or organization that violates the provisions
755	of this section shall be guilty of a misdemeanor of the second
756	degree, punishable as provided in s. 775.082 or s. 775.083.
757	Section 10. Paragraph (a) of subsection (1) of section
758	413.031, Florida Statutes, is amended to read:
759	413.031 Products, purchase by state agencies and
760	institutions.--
761	(1) DEFINITIONS.--When used in this section:
762	(a) "Accredited nonprofit workshop" means a Florida
763	workshop which has been certified by either the Florida
764	Commission for the BlindDivision of Blind Services, for
765	workshops concerned with blind persons, or the Department of
766	Children and Family Services, when other handicapped persons are
767	concerned, and such "workshop" means a place where any article
768	is manufactured or handwork is carried on and which is operated
769	for the primary purpose of providing employment to severely
770	handicapped individuals, including the blind, who cannot be
771	readily absorbed in the competitive labor market.
772	Section 11. Section 413.041, Florida Statutes, is amended
773	to read:
774	413.041 Eligible blind persons; placement in vending
775	facilities in public places.--For the purpose of assisting blind
776	persons to become self-supporting, the Division of Blind
777	Services is hereby authorized to carry on activities to promote
778	the employment of eligible blind persons, including the
779	licensing and establishment of such persons as operators of
780	vending facilities on public property. The saiddivision may
781	cooperate with any agency of the Federal Government in the
782	furtherance of the provisions of the Act of Congress entitled
783	"An Act to authorize the operation of stands in federal
784	buildings by blind persons, to enlarge the economic
785	opportunities of the blind and for other purposes," Pub. L. No.
786	732, 74th Congress, and the saiddivision may cooperate in the
787	furtherance of the provisions of any other act of Congress
788	providing for the rehabilitation of the blind which isthat may
789	now be in effect or ismay hereafter beenacted by Congress.
790	Section 12. Section 413.051, Florida Statutes, is amended
791	to read:
792	413.051 Eligible blind persons; operation of vending
793	stands.--
794	(1) This section may be citedshall be knownas the Little
795	Randolph Sheppard Act.
796	(2) As used in this section, the term:
797	(a) "Blind licensee" means any blind person trained and
798	licensed by the Division of Blind Services of the Department of
799	Education to operate a vending stand.
800	(b) "Vending stand" means any manually operated cafeteria,
801	snack bar, cart service, shelter, counter, or other manually
802	operated facility for the sale of newspapers, periodicals,
803	confections, tobacco products, foods, beverages, or other such
804	articles or services.
805	(c) "State agency" means any agency of the state.
806	(d) "State property" means any building or land owned,
807	leased, or otherwise controlled by the state, but does not
808	include any building or land under the control of the Board of
809	Regents, a community college district board of trustees, or any
810	state correctional institution as defined in s. 944.02.
811	(e) "Property custodian" or "person in charge" means any
812	employee, agent, or person who is in control of or responsible
813	for the maintenance, operation, and protection of any state
814	property.
815	(3) Blind licensees shall be given the first opportunity
816	to participate in the operation of vending stands on all state
817	properties acquired after July 1, 1979, when such facilities are
818	operated under the supervision of the Division of Blind Services
819	of the Department of Education.
820	(4) The Division of Blind Services shall conductbe
821	responsible fora periodic survey of all state properties and,
822	where feasible, shall establish vending facilities to be
823	operated by blind licensees.
824	(5) All property custodians and duly authorized agents or
825	employees of the state shall cooperate with the division in its
826	survey of state properties and shall make available adequate
827	space, electrical wiring, plumbing, and ventilation necessary to
828	the installation of a vending facility on any state property
829	designated as suitable by the division.
830	(6) The division shall be notified by property custodians
831	or persons in charge at least 180 days prior to the initiation
832	of any new construction, expansion, leasing, or acquisition of
833	property occupied or to be occupied by a state agency.
834	(7) ANo person or persons may notshallbe offered or
835	granted any concession by any property custodian or person in
836	charge to operate a vending stand on any state property acquired
837	after July 1, 1979, unless the division is notified of that
838	proposed concession.
839	(8) Income from new vending machines or replacement of
840	existing machines installed on state property after July 1,
841	1979, shall accrue to the blind licensee who operates a vending
842	facility on the same property or, if none, to the division. The
843	division shall be responsible for the servicing and maintenance
844	of all vending machines.
845	(9) This section does notIt is the legislative intent
846	that this section shall not apply or operate, in any way or any
847	manner, todivest any person or organization presently operating
848	a vending stand on state, county, or municipal property from
849	continuing to do so; however, the property custodian or person
850	in charge shall notify the Division of Blind Services at least
851	180 days prior to the expiration whether thesuchvending
852	facility location is suitable for operation by a blind licensee.
853	(10) All the preceding provisions are permissive regarding
854	all political subdivisions of the state.
855	(11) Effective July 1, 1996, blind licensees who remain
856	members of the Florida Retirement System pursuant to s.
857	121.051(6)(b)1. shall pay any unappropriated retirement costs
858	from their net profits or from program income. Within 30 days
859	after the effective date of this act, each blind licensee who is
860	eligible to maintain membership in the Florida Retirement System
861	under s. 121.051(6)(b)1., but who elects to withdraw from the
862	system as provided in s. 121.051(6)(b)3., must, on or before
863	July 31, 1996, notify the Division of Blind Services and the
864	Department of Management Services in writing of his or her
865	election to withdraw. Failure to timely notify the divisions
866	shall be deemed a decision to remain a compulsory member of the
867	Florida Retirement System. However, if, at any time after July
868	1, 1996, sufficient funds are not paid by a blind licensee to
869	cover the required contribution to the Florida Retirement
870	System, that blind licensee shall become ineligible to
871	participate in the Florida Retirement System on the last day of
872	the first month for which no contribution is made or the amount
873	contributed is insufficient to cover the required contribution.
874	For any blind licensee who becomes ineligible to participate in
875	the Florida Retirement System as described in this subsection,
876	no creditable service shall be earned under the Florida
877	Retirement System for any period following the month that
878	retirement contributions ceased to be reported. However, any
879	such person may participate in the Florida Retirement System in
880	the future if employed by a participating employer in a covered
881	position.
882	(12) The Division of Blind Services may adopt rules upon
883	the approval of the Florida Commission for the Blindto permit
884	the division to establish and maintain vending facilities, issue
885	licenses, establish and maintain a vending facility training
886	program, provide vendors access to financial data of the
887	program, set aside funds from net proceeds of the vending
888	facility, provide for the transfer and promotion of vendors,
889	establish a vendors committee, provide for an operation
890	agreement, provide duties and responsibilities of the commission
891	divisionwith respect to the vending facility program, and
892	provide procedures for newspaper vending sales.
893	Section 13. Section 413.091, Florida Statutes, is amended
894	to read:
895	413.091 Identification cards.--
896	(1) The Division of Blind Services of the Department of
897	Education shallis hereby empowered toissue identification
898	cards to persons known to be blind or partially sighted, upon
899	the written request of such individual.
900	(2) The individual shall submit proof of blindness as
901	specified by the division.
902	(3) The division iswill beresponsible for design and
903	content of the identification card and shall develop and adopt
904	promulgaterules, regulations, and procedures relating to the
905	eligibility and application for, and issuance and control of,
906	these identification cards.
907	Section 14. Section 413.092, Florida Statutes, is amended
908	to read:
909	413.092 Blind Babies Program.--
910	(1) The Blind Babies Program is created within the
911	Division of Blind Services of the Department of Education to
912	provide community-based early-intervention education to children
913	from birth through 5 years of age who are blind or visually
914	impaired, and to their parents, families, and caregivers,
915	through community-based provider organizations. The division
916	shall enlist parents, ophthalmologists, pediatricians, schools,
917	Infant and Toddlers Early Intervention Programs, and therapists
918	to help identify and enroll blind and visually impaired
919	children, as well as their parents, families, and caregivers, in
920	these educational programs.
921	(2) The program is not an entitlement but shall promote
922	early development with a special emphasis on vision skills to
923	minimize developmental delays. The education mustshalllay the
924	groundwork for future learning by helping a child progress
925	through normal developmental stages. It mustshallteach
926	children to discover and make the best use of their skills for
927	future success in school. It mustshallseek to ensure that
928	visually impaired and blind children enter school as ready to
929	learn as their sighted classmates. The program shall seek to
930	link these children, and their parents, families, and
931	caregivers, to other available services, training, education,
932	and employment programs that could assist these families in the
933	future. This linkage may include referrals to the school
934	districts and the Infants and Toddlers Early Intervention
935	Program for assessments to identify any additional services that
936	are needed butwhichare not provided by the Blind Babies
937	Program. The Florida Commission for the Blinddivisionshall
938	develop a formula for eligibility based on financial means and
939	may create a means-based matrix to set a copayment fee for
940	families having sufficient financial means.
941	(3) The commissiondivisionshall establish outcomes for
942	this program, which mustshallinclude, but are not limited to,
943	outcomes relating to the children's age-appropriate
944	developmental stages; knowledge of assistive technology;
945	proficiency at daily living; ability to participate in pre-
946	school and school; participation in their communities; and
947	ability to be literate. The commissiondivisionshall develop
948	criteria to be used in identifying and contracting with
949	community-based provider organizations. All services offered
950	through the Blind Babies Program shall be provided by community-
951	based provider organizations. The division shall require any
952	community-based provider organization delivering services under
953	this program to develop performance measures related to those
954	services and report to the division on the progress in achieving
955	those measures.
956	Section 15. Section 413.093, Florida Statutes, is created
957	to read:
958	413.093 Budget procedures.--
959	(1) The executive director of the Florida Commission for
960	the Blind shall recommend to the commission a budget of income
961	and expenditures at such time and in such form as the commission
962	prescribes. The commission shall adopt procedures for the
963	approval of budget amendments.
964	(2) In preparing the division's legislative budget
965	request, the Florida Commission for the Blind shall use the same
966	format, procedures, and timelines that are required for
967	preparing and submitting the legislative budget of the
968	Department of Education. The Commissioner of Education shall
969	include without modification the division’s budget request in
970	the department’s legislative budget request to the State Board
971	of Education. The State Board of Education shall include the
972	division’s budget request without modification in the State
973	Board of Education’s budget request to the Governor and the
974	Legislature. The legislative budget request and the
975	appropriation for the Florida Commission for the Blind must
976	constitute a separate identifiable sum in the Department of
977	Education budget. The annual appropriation for the commission
978	must be distributed monthly in payments that are as nearly equal
979	as possible. Appropriations for client services, instructional
980	technology, and motor vehicles may be released and distributed
981	as necessary to serve the instructional program for the clients.
982	(3) Fixed capital outlay needs of the commission must
983	continue to be requested in the public education capital outlay
984	legislative budget request of the Department of Education.
985	Section 16. Section 413.094, Florida Statutes, is created
986	to read:
987	413.094 Management flexibility.--
988	(1) Notwithstanding ss. 216.031, 216.181, and 216.262 to
989	the contrary and pursuant to s. 216.351, but subject to any
990	guidelines imposed in the General Appropriations Act, funds for
991	the operation of the Division of Blind Services must be
992	requested and appropriated within budget entities, program
993	components, program categories, lump sums, or special
994	categories. Funds appropriated to the division for each program
995	category, lump sum, or special category may be transferred to
996	traditional categories for expenditure by the division. The
997	commission shall develop an annual operating budget for the
998	division that allocates funds by program component and
999	traditional expenditure category.
1000	(2) Notwithstanding s. 216.181 and pursuant to s. 216.351,
1001	but subject to any requirements imposed in the General
1002	Appropriations Act, a lump-sum plan is not a prerequisite to
1003	implementing the special categories, program categories, or
1004	lump-sum appropriations. Upon release of the special categories,
1005	program categories, or lump-sum appropriations to the
1006	commission, the Chief Financial Officer, upon the request of the
1007	commission, shall transfer or reallocate funds to or among
1008	accounts established for disbursement purposes. The commission
1009	shall maintain records to account for the original appropriation
1010	to the division.
1011	(3) Notwithstanding ss. 216.031, 216.181, 216.251, and
1012	216.262 to the contrary and pursuant to s. 216.351, but subject
1013	to any requirements imposed in the General Appropriations Act,
1014	the executive director shall establish the authorized positions
1015	and may amend such positions, within the total funds authorized
1016	annually in the appropriations act.
1017	Section 17. Section 413.095, Florida Statutes, is created
1018	to read:
1019	413.095 Retention of title to and disposal of property and
1020	equipment.--
1021	(1) The Division of Blind Services retains title to any
1022	real or personal property, such as tools, instruments, training
1023	supplies, equipment, motor vehicles, real property, or other
1024	items of value acquired for use by people who have visual
1025	impairments or personnel employed in operating programs of the
1026	division, and may repossess and transfer such property for use
1027	by other people who have visual impairments or personnel
1028	employed in the operation of the division.
1029	(2) The Division of Blind Services, upon approval of the
1030	commission, may offer for sale any surplus items acquired in the
1031	operation of the program when they are no longer necessary or
1032	may exchange them for necessary items that can be used to
1033	greater advantage. When any such surplus equipment is sold or
1034	exchanged, a receipt for the sale or exchange which shows the
1035	consideration given for the equipment must be taken from the
1036	purchaser, and the consideration must be forwarded to the
1037	division to be included in the division's portfolio of
1038	investments pursuant to s. 413.115. Any funds that the division
1039	receives pursuant to any such transaction must be deposited in
1040	the Grants and Donations Trust Fund, are exempt from the State
1041	Treasury pursuant to s. 215.311, and are available for
1042	expenditure for any purposes consistent with ss. 413.011-
1043	413.092.
1044	(3) The Florida Commission for the Blind has the exclusive
1045	right to develop rules relating to records and recordkeeping for
1046	property owned by the commission which is referred to in
1047	subsections (1) and (2).
1048	Section 18. Blind services direct-support organization.--
1049	(1) As used in this section, the term "direct-support
1050	organization" means a not-for-profit corporation incorporated
1051	under chapter 617, Florida Statutes, and organized and operated
1052	to conduct programs and activities; initiate developmental
1053	projects; raise funds; request and receive grants, gifts, and
1054	bequests of moneys; acquire, receive, hold, invest, and
1055	administer, in its own name, securities, funds, objects of
1056	value, or other property, real or personal; and make
1057	expenditures to or for the direct or indirect benefit of the
1058	state and for blind persons in this state.
1059	(2)(a) The Florida Commission for the Blind is authorized
1060	to organize and incorporate a direct-support organization
1061	pursuant to the requirements of this section and chapter 617,
1062	Florida Statutes, to accomplish the purposes and objectives set
1063	forth in this section.
1064	(b) The first board of seven members of the direct-support
1065	organization shall be appointed by the Governor. Two members
1066	shall serve 2-year terms, three members shall serve 3-year
1067	terms, and two members shall serve 4-year terms. Thereafter,
1068	the board shall be self-appointed according to the established
1069	bylaw.
1070	(c) The chairman of the commission shall serve as an ex
1071	officio member of the board of the direct-support organization.
1072	(d) The direct-support organization is subject to the
1073	requirements of Section 24 of Article I of the State
1074	Constitution, chapter 119, Florida Statutes, and section
1075	286.011, Florida Statutes.
1076	(e) Upon the dissolution of the corporation, all
1077	properties of the corporation revert to the commission.
1078	(f) The direct-support organization shall maintain
1079	donations and direct service expenditures in a bank account
1080	outside of the State Treasury.
1081	(g) Any administrative costs of running and promoting the
1082	purposes of the corporation must be paid by private funds.
1083	(3) The purposes and objectives of the direct-support
1084	organization must be consistent with the priority issues and
1085	objectives of the Department of Education and must be in the
1086	best interests of the state, though the Division of Blind
1087	Services may permit, without charge, the appropriate use of
1088	property and facilities of the state by the direct-support
1089	organization subject to this section. Such use must be directly
1090	in keeping with the approved purposes of the direct-support
1091	organization.
1092	(4) Funds designated for the direct-support organization
1093	must be used for the enhancement of programs and projects of the
1094	Division of Blind Services. All moneys received by the direct-
1095	support organization must be deposited into an account of the
1096	direct-support organization and must be used by the organization
1097	in a manner consistent with the purposes and goals of the
1098	direct-support organization.
1099	(5) The direct-support organization shall comply with the
1100	audit requirements of section 215.981, Florida Statutes.
1101	(6) The executive director of the Division of Blind
1102	Services may designate employees of the division to solicit
1103	donations from public or private sources to fund the authorized
1104	purposes of the direct-support organization.
1105	Section 19. Reorganization of the division under this act
1106	does not modify the status of division employees under chapter
1107	110 and chapter 121, Florida Statutes.
1108	Section 20. Subsection (1), paragraph (b) of subsection
1109	(3), and subsection (10) of section 413.395, Florida Statutes,
1110	are amended to read:
1111	413.395 Florida Independent Living Council.--
1112	(1) There is created the Florida Independent Living
1113	Council to assist the division and the Florida Commission for
1114	the BlindDivision of Blind Servicesof the Department of
1115	Education, as well as other state agencies and local planning
1116	and administrative entities assisted under Title VII of the act,
1117	in the expansion and development of statewide independent living
1118	policies, programs, and concepts and to recommend improvements
1119	for such programs and services. The council shall function
1120	independently of the division and, unless the council elects to
1121	incorporate as a not-for-profit corporation, is assigned to the
1122	division for administrative purposes only. The council may elect
1123	to be incorporated as a Florida corporation not for profit and,
1124	upon such election, shall be assisted in the incorporation by
1125	the division for the purposes stated in this section. The
1126	appointed members of the council may constitute the board of
1127	directors for the corporation.
1128	(3) The council shall include:
1129	(b) As ex officio, nonvoting members:
1130	1. A representative from the division.
1131	2. A representative from the Florida Commission for the
1132	BlindDivision of Blind Services.
1133	3. Representatives from other state agencies that provide
1134	services to persons who have disabilities.
1135	(10) The council may meet at the call of the chairperson,
1136	at the joint request of the division and the Florida Commission
1137	for the BlindDivision of Blind Services, or at such times as
1138	may be prescribed by rule, but not less than twice each calendar
1139	year. The council shall make a report of each meeting, which
1140	shall include a record of its discussions and recommendations.
1141	The division and the Florida Commission for the BlindDivision
1142	of Blind Servicesshall make such reports available to the
1143	public.
1144	Section 21. Subsection (2) of section 553.512, Florida
1145	Statutes, is amended to read:
1146	553.512 Modifications and waivers; advisory council.--
1147	(2) The Accessibility Advisory Council shall consist of
1148	the following seven members, who shall be knowledgeable in the
1149	area of accessibility for persons with disabilities. The
1150	Secretary of Community Affairs shall appoint the following: a
1151	representative from the Advocacy Center for Persons with
1152	Disabilities, Inc.; a representative from the Florida Commission
1153	for the BlindDivision of Blind Services; a representative from
1154	the Division of Vocational Rehabilitation; a representative from
1155	a statewide organization representing the physically
1156	handicapped; a representative from the hearing impaired; a
1157	representative from the President, Florida Council of
1158	Handicapped Organizations; and a representative of the Paralyzed
1159	Veterans of America. The terms for the first three council
1160	members appointed subsequent to October 1, 1991, shall be for 4
1161	years, the terms for the next two council members appointed
1162	shall be for 3 years, and the terms for the next two members
1163	shall be for 2 years. Thereafter, all council member
1164	appointments shall be for terms of 4 years. No council member
1165	shall serve more than two 4-year terms subsequent to October 1,
1166	1991. Any member of the council may be replaced by the secretary
1167	upon three unexcused absences. Upon application made in the form
1168	provided, an individual waiver or modification may be granted by
1169	the commission so long as such modification or waiver is not in
1170	conflict with more stringent standards provided in another
1171	chapter.
1172	Section 22. Subsection (3) of section 1013.38, Florida
1173	Statutes, is amended to read:
1174	1013.38 Boards to ensure that facilities comply with
1175	building codes and life safety codes.--
1176	(3) The Department of Management Services may, upon
1177	request, provide facilities services for the Florida School for
1178	the Deaf and the Blind, the Florida Commission for the Blind
1179	Division of Blind Services, and public broadcasting. As used in
1180	this section, the term "facilities services" means project
1181	management, code and design plan review, and code compliance
1182	inspection for projects as defined in s. 287.017(1)(e).
1183	Section 23. Sections 413.061, 413.062, 413.063, 413.064,
1184	413.065, 413.066, 413.067, 413.068, and 413.069, Florida
1185	Statutes, are repealed.
1186	Section 24. This act shall take effect July 1, 2003.