Senate Bill sb2126
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Florida Senate - 2003 SB 2126
By Senator Wise
5-132-03
1 A bill to be entitled
2 An act relating to blind services; providing a
3 short title; transferring the powers, duties,
4 records, personnel, property, and funds of the
5 Division of Blind Services within the
6 Department of Education to the Florida
7 Commission for the Blind, which is created by
8 this act; amending s. 20.15, F.S.; deleting the
9 division from the Department of Education;
10 amending s. 413.011, F.S.; providing
11 legislative purpose and policy; creating the
12 Florida Commission for the Blind; providing for
13 commission membership, terms, and meetings and
14 for the election of the commission chair;
15 naming the commission as the designated state
16 unit and the Department of Education as the
17 designated state agency under the federal
18 Rehabilitation Act of 1973; providing for
19 commission personnel, including an executive
20 director; requiring background investigations
21 of personnel; providing powers and duties of
22 the commission, including the duty to license
23 blind individuals under the federal
24 Randolph-Sheppard Act; exempting certain
25 property from record and inventory requirements
26 and from bidding requirements; creating a
27 children's program; providing purposes of the
28 program; requiring an annual report; providing
29 for the resolution of disputes; repealing the
30 Advisory Council for the Blind; creating s.
31 413.093, F.S.; providing budgetary procedures
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1 for the commission; providing duties of the
2 executive director of the Florida Commission
3 for the Blind; creating s. 413.094, F.S.;
4 providing for management flexibility in the
5 commission's allocation of funds and the
6 amendment of authorized positions; creating s.
7 413.095, F.S.; providing for the commission to
8 retain title to certain real and personal
9 property intended for use by people who have
10 visual impairments and certain commission
11 personnel; allowing the commission to
12 repossess, transfer, and dispose of such
13 property; providing for rulemaking; amending s.
14 110.131, F.S., relating to
15 other-personal-services temporary employment,
16 s. 121.051, F.S., relating to participation in
17 the Florida Retirement System, s. 215.311,
18 relating to exceptions from s. 215.31, F.S.,
19 which apply to funds collected by and under the
20 direction of the division, s. 318.21, F.S.,
21 relating to the disposition of civil penalties
22 by county courts, s. 413.0115, F.S., relating
23 to the State Board of Administration's
24 authorization to invest a portfolio, s.
25 413.012, F.S., relating to prohibiting the
26 disclosure of confidential records and
27 providing exemptions to the prohibition, s.
28 413.013, F.S., relating to the destruction of
29 certain records, s. 413.014, F.S., relating to
30 community-based rehabilitation programs, s.
31 413.041, F.S., relating to placing eligible
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1 blind persons in vending facilities in public
2 places, s. 413.051, F.S., the Little Randolph
3 Sheppard Act, s. 413.091, F.S., relating to the
4 issuance of identification cards to persons
5 known to be blind or partially sighted, s.
6 413.092, F.S., relating to the Blind Babies
7 Program; conforming provisions to the changes
8 made by this act; repealing ss. 413.061,
9 413.062, 413.063, 413.064, 413.065, 413.066,
10 413.067, 413.068, 413.069, F.S., relating to
11 the issuance of permits for soliciting funds on
12 behalf of blind persons; providing an effective
13 date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. This act may be cited as the "Florida
18 Commission for the Blind Act."
19 Section 2. (1) The powers, duties, records,
20 personnel, property, and unexpended balances of
21 appropriations, allocations, or other funds of the Division of
22 Blind Services of the Department of Education are transferred,
23 by a type two transfer, as defined in section 20.06, Florida
24 Statutes, to the Florida Commission for the Blind.
25 (2) Any contract or agreement concerning services for
26 the blind to which the Division of Blind Services is a party
27 and which is in effect before January 1, 2004, is binding upon
28 the Florida Commission for the Blind to the same extent that
29 the contract or agreement was binding upon the division.
30 (3) All proceeds from claims filed with any agency,
31 including, but not limited to, the Social Security
3
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1 Administration, which relate to the provision of services for
2 the blind shall be transferred to the commission from any
3 agency that has received such proceeds.
4 Section 3. Subsection (3) of section 20.15, Florida
5 Statutes, is amended to read:
6 20.15 Department of Education.--There is created a
7 Department of Education.
8 (3) DIVISIONS.--The following divisions of the
9 Department of Education are established:
10 (a) Division of Community Colleges.
11 (b) Division of Public Schools.
12 (c) Division of Colleges and Universities.
13 (d) Division of Vocational Rehabilitation.
14 (e) Division of Blind Services.
15 Section 4. Paragraph (b) of subsection (6) of section
16 110.131, Florida Statutes, is amended to read:
17 110.131 Other-personal-services temporary
18 employment.--
19 (6)
20 (b) The provisions of Subsections (2), (3), and (4) do
21 not apply to any employee of the Florida Commission for the
22 Blind Division of Blind Services Library for the Blind and
23 Physically Handicapped for whom the Florida Commission for the
24 Blind Division of Blind Services is the employer as defined in
25 s. 447.203(2); except that, for purposes of subsection (5),
26 the Florida Commission for the Blind Division of Blind
27 Services shall comply with the recordkeeping and reporting
28 requirements adopted by the department pursuant to subsection
29 (3) with respect to those other-personal-services employees
30 exempted by this subsection.
31
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1 Section 5. Subsection (6) of section 121.051, Florida
2 Statutes, is amended to read:
3 121.051 Participation in the system.--
4 (6) SEASONAL STATE EMPLOYMENT; BLIND VENDING FACILITY
5 OPERATORS.--
6 (a) Seasonal state employment shall be included under
7 this chapter, and the time limit and procedure for claiming
8 same as set forth in s. 122.07 shall continue under this
9 chapter for those members transferring to this system and for
10 all new members.
11 (b)1. All blind or partially sighted persons employed
12 or licensed by the Division of Blind Services as vending
13 facility operators on or after December 1, 1970, and prior to
14 July 1, 1996, are hereby declared to be state employees within
15 the meaning of this chapter, and all vending facility
16 operators licensed and employed during that period shall be
17 compulsory members of the Florida Retirement System in
18 compliance with this chapter for as long as the member is a
19 vending facility operator, except as provided in subparagraph
20 3.
21 2. Blindness shall not be deemed a retirement
22 disability within the provisions of this chapter for such
23 members as are contemplated by this paragraph.
24 3. Any vending facility operator as described in
25 subparagraph 1. may elect, on or before July 31, 1996, to
26 withdraw from the Florida Retirement System as provided in s.
27 413.051(11). The election to withdraw shall take effect as of
28 July 1, 1996, and the decision to withdraw is irrevocable. A
29 vending facility operator who withdraws from the Florida
30 Retirement System as provided in this subparagraph shall
31 retain all creditable service earned in the Florida Retirement
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1 System through the month that retirement contributions ceased
2 to be reported, and no creditable service shall be earned as a
3 vending facility operator after such month. However, any such
4 person may participate in the Florida Retirement System in the
5 future if employed by a participating employer in a covered
6 position.
7 4. All blind or partially sighted persons employed or
8 licensed by the Division of Blind Services or by the Florida
9 Commission for the Blind as vending facility operators on or
10 after July 1, 1996, shall be independent contractors within
11 the meaning of this chapter and shall not be eligible for
12 membership in the Florida Retirement System.
13 Section 6. Section 215.311, Florida Statutes, is
14 amended to read:
15 215.311 State funds; exceptions.--Section 215.31 does
16 The provisions of s. 215.31 shall not apply to funds collected
17 by and under the direction and supervision of the Florida
18 Commission for the Blind Division of Blind Services of the
19 Department of Education as provided under ss. 413.011,
20 413.041, and 413.051; however, nothing in this section does
21 not shall be construed to except from the provisions of s.
22 215.31 any appropriations made by the state to the commission
23 division.
24 Section 7. Subsection (4) of section 318.21, Florida
25 Statutes, is amended to read:
26 318.21 Disposition of civil penalties by county
27 courts.--All civil penalties received by a county court
28 pursuant to the provisions of this chapter shall be
29 distributed and paid monthly as follows:
30 (4) Of the additional fine assessed under s.
31 318.18(3)(e) for a violation of s. 316.1301, 40 percent must
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1 be remitted to the Department of Revenue for deposit in the
2 Grants and Donations Trust Fund of the Florida Commission for
3 the Blind Division of Blind Services of the Department of
4 Education, and 60 percent must be distributed pursuant to
5 subsections (1) and (2).
6 Section 8. Section 413.011, Florida Statutes, is
7 amended to read:
8 413.011 Florida Commission for the Blind Division of
9 Blind Services, internal organizational structure; Advisory
10 Council for the Blind.--
11 (1) PURPOSE AND POLICY.--
12 (a) Purpose.--The purpose of this act is to establish
13 a coordinated program of services which will be available to
14 individuals throughout this state who are blind. The program
15 must be designed to maximize employment opportunities for such
16 individuals and to increase their independence and
17 self-sufficiency. In implementing this program, the Florida
18 Commission for the Blind The internal organizational structure
19 of the Division of Blind Services shall be designed for the
20 purpose of ensuring the greatest possible efficiency and
21 effectiveness of services to the blind and to be consistent
22 with chapter 20. The Division of Blind Services shall plan,
23 supervise, and carry out the following activities:
24 1.(a) Recommend personnel as may be necessary to carry
25 out the purposes of this section.
26 (b) Cause to be compiled and maintained a complete
27 register of the blind in the state, which shall describe the
28 condition, cause of blindness, and capacity for education and
29 industrial training, with such other facts as may seem to the
30 division to be of value. Any information in the register of
31 the blind which, when released, could identify an individual
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1 is confidential and exempt from the provisions of s.
2 119.07(1).
3 2.(c) Inquire into the cause of blindness, inaugurate
4 preventive measures, and provide for the examination and
5 treatment of the blind, or those threatened with blindness,
6 for the benefit of such persons, and shall pay therefor,
7 including necessary incidental expenses.
8 3.(d) Aid the blind in finding employment, teach them
9 trades and occupations within their capacities, assist them in
10 disposing of products made by them in home industries, assist
11 them in obtaining funds for establishing enterprises where
12 federal funds reimburse the state, and do such things as will
13 contribute to the efficiency of self-support of the blind.
14 4.(e) Establish one or more training schools and
15 workshops for the employment of suitable blind persons; make
16 expenditures of funds for such purposes; receive moneys from
17 sales of commodities involved in such activities and from such
18 funds make payments of wages, repairs, insurance premiums and
19 replacements of equipment. All of the activities provided for
20 in this section may be carried on in cooperation with private
21 workshops for the blind, except that all tools and equipment
22 furnished by the commission division shall remain the property
23 of the state.
24 5.(f) Provide special services and benefits for the
25 blind for developing their social life through community
26 activities and recreational facilities.
27 6.(g) Undertake such other activities as may
28 ameliorate the condition of blind residents citizens of this
29 state.
30 7.(h) Cooperate with other agencies, public or
31 private, especially the Division of the Blind and Physically
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1 Handicapped of the Library of Congress and the Division of
2 Library and Information Services of the Department of State,
3 to provide library service to the blind and other handicapped
4 persons as defined in federal law and regulations in carrying
5 out any or all of the provisions of this law.
6 8.(i) Recommend contracts and agreements with federal,
7 state, county, municipal and private corporations, and
8 individuals.
9 9.(j) Receive moneys or properties by gift or bequest
10 from any person, firm, corporation, or organization for any of
11 the purposes herein set out in this paragraph, but without
12 authority to bind the state to any expenditure or policy
13 except such as is may be specifically authorized by law. All
14 such moneys or properties so received by gift or bequest as
15 herein authorized in this subparagraph may be disbursed and
16 expended by the commission division upon its own warrant for
17 any of the purposes herein set forth, and such moneys or
18 properties do shall not constitute nor may they or be
19 considered a part of any legislative appropriation made by the
20 state for the purpose of carrying out this section the
21 provisions of this law.
22 10.(k) Prepare and make available to the blind, in
23 braille and on electronic recording equipment, Florida
24 Statutes chapters 20, 120, 121, and 413, in their entirety.
25 11.(l) Adopt by rule procedures for providing
26 vocational rehabilitation services for the blind.
27 12.(m) Adopt by rule forms and instructions to be used
28 by the commission division in its general administration.
29 (b) Policy.--It is the policy of the Legislature that
30 all programs, projects, and activities of the Florida
31
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1 Commission for the Blind are to be carried out in a manner
2 consistent with the following principles:
3 1. Respect for individual dignity, personal
4 responsibility, self-determination to live independently, and
5 pursuit of meaningful careers, based on informed choice;
6 2. Support for the involvement of an individual's
7 representative if an individual requests, desires, or needs
8 such support;
9 3. Respect for the individual's privacy and equal
10 access, including the use of information in accessible
11 formats; and
12 4. Integration and full participation of individuals
13 who are blind in society on equal terms with others.
14 (2) DEFINITIONS.--As used in this section, the term:
15 (a) "Act," unless the context indicates otherwise,
16 means the Rehabilitation Act of 1973, 29 U.S.C. ss. 701-797.
17 (b) "Blind" or "blindness" means the condition of any
18 person for whom blindness is a disability as defined by the
19 Rehabilitation Act of 1973, 29 U.S.C. s. 706(8)(b).
20 (3) FLORIDA COMMISSION FOR THE BLIND; CREATION;
21 MEMBERSHIP.--
22 (a) There is created the Florida Commission for the
23 Blind, consisting of seven members appointed by the Governor
24 with the confirmation of the Senate and qualified to serve
25 based on knowledge and experience in rehabilitation and
26 related services for the blind. A majority of the members must
27 be individuals who are blind. A member of the commission may
28 not be employed by the commission during the term of his or
29 her membership.
30
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1 (b) The Governor shall consult with recognized
2 consumer groups of people who are blind in the state to obtain
3 their recommendations of individuals to be appointed.
4 (c) Each commissioner shall be appointed for a 3-year
5 term, except that the Governor shall specify shorter terms in
6 the initial appointment in order to establish staggered terms.
7 Three of the initial appointments shall be for 3-year terms.
8 Two of the initial appointments shall be for 2-year terms and
9 two of the initial appointments shall be for 1-year terms as
10 specified by the Governor. Thereafter, all commissioners shall
11 be appointed for 3-year terms.
12 (d) The commission shall meet quarterly or at the call
13 of the chair or a majority of the members and at such other
14 times as the commissioners determine. All meetings of the
15 commission must be open to the public unless closed meetings
16 are specifically authorized by law. The chair of the
17 commission shall be elected by the members present and voting
18 at the first meeting of the commission and annually
19 thereafter. Commissioners may not receive compensation for
20 their services, but they shall be reimbursed for travel
21 expenses as provided in s. 112.061. A majority of the members
22 of the commission constitutes a quorum to transact business.
23 (e) It is the intent of the Legislature that the
24 commission is the designated state unit and the Department of
25 Education is the designated state agency in accordance with
26 the Rehabilitation Act of 1973, as amended.
27 (4) PERSONNEL.--
28 (a) The commission shall appoint an executive director
29 who has knowledge and experience in rehabilitation and related
30 services for the blind or has a background in management and
31 any other area determined by the commission. The executive
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1 director shall serve as secretary to the commission and shall
2 be the chief administrative officer of the agency. The
3 executive director's appointment shall be for an indefinite
4 period but may be terminated for cause by a vote of at least
5 five members of the commission.
6 (b) The executive director shall employ such personnel
7 as are needed and shall fix their compensation. All employees
8 of the commission are exempt from the Career Service System.
9 The executive director, in consultation with the commission,
10 may contract for services ordinarily performed by state
11 employees.
12 (c) The Florida Commission for the Blind shall,
13 because of the special trust placed in and the special
14 responsibility imposed on employees of the commission, require
15 all employees and applicants for employment to undergo
16 personnel screening and security background investigations as
17 provided in chapter 435, using the level one standards for
18 screening set forth in that chapter, as a condition of
19 employment and continued employment. The commission shall pay
20 the cost of a personnel screening and security background
21 investigation for each employee of the commission.
22 (5) POWERS AND DUTIES.--The commission shall:
23 (a) Develop and carry out a state plan for vocational
24 rehabilitation services for individuals who are blind,
25 pursuant to section 101 of the Rehabilitation Act of 1973, as
26 amended.
27 (b) In conjunction with the Florida Independent Living
28 Council, develop and carry out a 3-year state plan for
29 independent living services and provide independent living
30 services for blind and visually impaired individuals,
31 including services for older individuals who are blind,
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1 pursuant to Title VII, chapter 2 of the Rehabilitation Act of
2 1973, as amended.
3 (c) Provide services that contribute to the
4 maintenance of or the increased independence of older
5 individuals who are blind.
6 (d) Establish, equip, and maintain an orientation and
7 adjustment center or centers to provide independent living
8 skills training and other training such as, but not limited
9 to, instruction in Braille; use of the long white cane for
10 independent travel; homemaking and home-management skills; and
11 communication skills, including the use of computer
12 technology, to prepare individuals who are blind or visually
13 impaired for eventual vocational training, job placement, and
14 independence.
15 (e) Establish and carry out a small business
16 enterprises program and serve as the state licensing agency
17 for individuals who are blind, pursuant to the federal
18 Randolph-Sheppard Act.
19 (f) Purchase and distribute specialized equipment,
20 devices, and technology, including low-vision aids, obtained
21 directly from specialty vendors without using state
22 centralized purchasing procedures. Property that is purchased
23 by a state agency for the purpose of making accommodations for
24 individuals who are blind is not subject to the record and
25 inventory requirements set forth in s. 273.02. A state agency
26 may use funds from all possible sources to make accommodations
27 for individuals who are blind.
28 (g) In cooperation with the Library of Congress,
29 provide library services to persons who are blind and persons
30 who have physical disabilities.
31
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1 (h) In cooperation with other appropriate agencies,
2 provide to employers, the state education agency, and local
3 education agencies technical assistance in the provision of
4 auxiliary aids and services to people who are blind, students,
5 and their parents in complying with the Americans with
6 Disabilities Act and the Individuals with Disabilities
7 Education Act, as amended.
8 (i) Provide technical assistance to agencies within
9 the state in order to assure that information technology
10 purchased or used by such agencies is accessible to and usable
11 by individuals who are blind, at the time the technology is
12 purchased or used.
13 (j) Participate, through the designation of the
14 executive director or an appropriate staff member of the
15 commission, on boards, commissions, or bodies in this state
16 for the purpose of coordinating and planning services.
17 (k) Conduct a review of consumer satisfaction with
18 programs of the commission and perform other functions of the
19 statewide rehabilitation council specified in section 105(c)
20 of the Rehabilitation Act of 1973, as amended.
21 (l) Adopt rules for administering the programs of the
22 commission.
23 (m) Apply for and receive money from any state or
24 federal agency to support the programs of the commission.
25 (n) Develop and administer any other program that will
26 further the provision of services to people who are blind and
27 that the commission determines falls within its scope of
28 responsibility.
29 (6) PROGRAMS OF THE COMMISSION.--
30 (a) There is created within the Florida Commission for
31 the Blind a children's program to serve children who are blind
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1 from 5 years of age through transition to the Vocational
2 Rehabilitation Program. This program must supplement services
3 already offered by the school system to foster the child's
4 learning and ability to function independently. The child's
5 parents, guardian, and family members should be an integral
6 part of the program in order to foster independence.
7 (b) The commission shall provide vocational
8 rehabilitation services to individuals in this state, who are
9 blind pursuant to the Rehabilitation Act of 1973, as amended.
10 (c) The commission shall provide independent living
11 services to individuals in this state who are blind, including
12 older individuals, pursuant to the Rehabilitation Act of 1973,
13 as amended.
14 (7) REPORTS.--The Florida Commission for the Blind
15 shall publish an annual report that includes a list of
16 accomplishments, findings, and recommendations for
17 improvements based on the commission's performance during the
18 year. The report must also contain information needed to
19 evaluate the progress of the commission in meeting the needs
20 of blind individuals in the state.
21 (8) RESOLUTION OF DISPUTES.--
22 (a) Any applicant for or recipient of services from
23 the Florida Commission for the Blind who is dissatisfied with
24 any action taken or decision made regarding such services may
25 file a complaint setting forth the basis for the
26 dissatisfaction and the remedy sought. Upon receipt of the
27 complaint, the executive director shall inform the individual
28 of the voluntary procedures for mediation of the dispute. The
29 mediation must be conducted by a qualified and impartial
30 mediator, and the commission must pay the costs.
31
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1 (b) If the dispute cannot be resolved by mediation or
2 other informal means, the executive director shall, through a
3 designee, notify the complainant of his or her rights for
4 appeal under state and federal law related to the program from
5 which the complaint arises. The commission shall adopt rules
6 sufficient to regulate the conduct of all proceedings required
7 under this section and to assure the rights of all parties
8 participating therein.
9 (c) "Department" means the Department of Labor and
10 Employment Security.
11 (3) There is hereby created in the department the
12 Advisory Council for the Blind to assist the division in the
13 planning and development of statewide rehabilitation programs
14 and services, to recommend improvements to such programs and
15 services, and to perform the functions provided in this
16 section.
17 (a) The advisory council shall be composed of:
18 1. At least one representative of the Independent
19 Living Council, which representative may be the chair or other
20 designee of the council;
21 2. At least one representative of a parent training
22 and information center established pursuant to s. 631(c)(9) of
23 the Individuals with Disabilities Act, 20 U.S.C. s.
24 1431(c)(9);
25 3. At least one representative of the client
26 assistance program established under the act;
27 4. At least one vocational rehabilitation counselor
28 who has knowledge of and experience in vocational
29 rehabilitation services for the blind, who shall serve as an
30 ex officio nonvoting member of the council if the counselor is
31 an employee of the department;
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1 5. At least one representative of community
2 rehabilitation program service providers;
3 6. Four representatives of business, industry, and
4 labor;
5 7. At least one representative of a disability
6 advocacy group representing individuals who are blind;
7 8. At least one parent, family member, guardian,
8 advocate, or authorized representative of an individual who is
9 blind, has multiple disabilities, and either has difficulties
10 representing himself or herself or is unable, due to
11 disabilities, to represent himself or herself;
12 9. Current or former applicants for, or recipients of,
13 vocational rehabilitation services; and
14 10. The director of the division, who shall be an ex
15 officio member of the council.
16 (b) Members of the council shall be appointed by the
17 Governor, who shall select members after soliciting
18 recommendations from representatives of organizations
19 representing a broad range of individuals who have
20 disabilities, and organizations interested in those
21 individuals.
22 (c) A majority of council members shall be persons who
23 are:
24 1. Blind; and
25 2. Not employed by the division.
26 (d) The council shall select a chair from among its
27 membership.
28 (e) Each member of the council shall serve for a term
29 of not more than 3 years, except that:
30 1. A member appointed to fill a vacancy occurring
31 prior to the expiration of the term for which a predecessor
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1 was appointed shall be appointed for the remainder of such
2 term; and
3 2. The terms of service of the members initially
4 appointed shall be, as specified by the Governor, for such
5 fewer number of years as will provide for the expiration of
6 terms on a staggered basis.
7 (f) No member of the council may serve more than two
8 consecutive full terms.
9 (g) Any vacancy occurring in the membership of the
10 council shall be filled in the same manner as the original
11 appointment. A vacancy does not affect the power of the
12 remaining members to execute the duties of the council.
13 (h) In addition to the other functions specified in
14 this section, the council shall:
15 1. Review, analyze, and advise the division regarding
16 the performance of the responsibilities of the division under
17 Title I of the act, particularly responsibilities relating to:
18 a. Eligibility, including order of selection;
19 b. The extent, scope, and effectiveness of services
20 provided; and
21 c. Functions performed by state agencies that affect
22 or potentially affect the ability of individuals who are blind
23 to achieve rehabilitation goals and objectives under Title I.
24 2. Advise the department and the division, and, at the
25 discretion of the department or division, assist in the
26 preparation of applications, the state plan, the strategic
27 plan, and amendments to the plans, reports, needs assessments,
28 and evaluations required by Title I.
29 3. To the extent feasible, conduct a review and
30 analysis of the effectiveness of, and consumer satisfaction
31 with:
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1 a. The functions performed by state agencies and other
2 public and private entities responsible for performing
3 functions for individuals who are blind.
4 b. Vocational rehabilitation services:
5 (I) Provided or paid for from funds made available
6 under the act or through other public or private sources.
7 (II) Provided by state agencies and other public and
8 private entities responsible for providing vocational
9 rehabilitation services to individuals who are blind.
10 4. Prepare and submit an annual report on the status
11 of vocational rehabilitation services for the blind in the
12 state to the Governor and the Commissioner of the
13 Rehabilitative Services Administration, established under s.
14 702 of the act, and make the report available to the public.
15 5. Coordinate with other councils within the state,
16 including the Independent Living Council, the advisory panel
17 established under s. 613(a)(12) of the Individuals with
18 Disabilities Education Act, 20 U.S.C. 1413(a)(12), the State
19 Planning Council described in s. 124 of the Developmental
20 Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s.
21 6024, and the state mental health planning council established
22 under s. 1916(e) of the Public Health Service Act, 42 U.S.C.
23 300X-4(e).
24 6. Advise the department and division and provide for
25 coordination and the establishment of working relationships
26 among the department, the division, the Independent Living
27 Council, and centers for independent living in the state.
28 7. Perform such other functions consistent with the
29 purposes of the act as the council determines to be
30 appropriate that are comparable to functions performed by the
31 council.
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1 (i)1. The council shall prepare, in conjunction with
2 the division, a plan for the provision of such resources,
3 including such staff and other personnel, as may be necessary
4 to carry out the functions of the council. The resource plan
5 shall, to the maximum extent possible, rely on the use of
6 resources in existence during the period of implementation of
7 the plan.
8 2. If there is a disagreement between the council and
9 the division in regard to the resources necessary to carry out
10 the functions of the council as set forth in this section, the
11 disagreement shall be resolved by the Governor.
12 3. The council shall, consistent with law, supervise
13 and evaluate such staff and other personnel as may be
14 necessary to carry out its functions.
15 4. While assisting the council in carrying out its
16 duties, staff and other personnel shall not be assigned duties
17 by the division or any other state agency or office that would
18 create a conflict of interest.
19 (j) No council member shall cast a vote on any matter
20 that would provide direct financial benefit to the member or
21 otherwise give the appearance of a conflict of interest under
22 state law.
23 (k) The council shall convene at least four meetings
24 each year. These meetings shall occur in such places as the
25 council deems necessary to conduct council business. The
26 council may conduct such forums or hearings as the council
27 considers appropriate. The meetings, hearings, and forums
28 shall be publicly announced. The meetings shall be open and
29 accessible to the public. The council shall make a report of
30 each meeting which shall include a record of its discussions
31
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1 and recommendations, all of which reports shall be made
2 available to the public.
3 Section 9. Section 413.0115, Florida Statutes, is
4 amended to read:
5 413.0115 State Board of Administration; authorization
6 to invest commission's division's portfolio.--The State Board
7 of Administration may invest and reinvest the portfolio of
8 stocks, bonds, and mutual funds held by the Florida Commission
9 for the Blind Division of Blind Services in accordance with
10 the trust agreement approved by the commission Division of
11 Blind Services and the State Board of Administration and the
12 provisions of ss. 215.44-215.53. The executive director of the
13 Florida Commission for the Blind Division of Blind Services
14 shall make the portfolio available and shall transfer it to
15 the State Board of Administration for investment.
16 Section 10. Section 413.012, Florida Statutes, is
17 amended to read:
18 413.012 Confidential records disclosure prohibited;
19 exemptions.--
20 (1) All records furnished to the Florida Commission
21 for the Blind Division of Blind Services in connection with
22 state or local vocational rehabilitation programs and
23 containing information as to personal facts about applicants
24 or clients given or made available to the state or local
25 vocational rehabilitation agency or its representatives or
26 employees in the course of the administration of the program,
27 including lists of names and addresses and records of
28 evaluations of clients, are confidential and exempt from the
29 provisions of s. 119.07(1).
30 (2) It is unlawful for any person to disclose,
31 authorize the disclosure, solicit, receive, or make use of any
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1 list of names and addresses or any record containing any
2 information set forth in subsection (1) and maintained in the
3 commission division. The prohibition provided for in this
4 subsection does shall not apply to the use of such information
5 for purposes directly connected with the administration of the
6 vocational rehabilitation program or with the monthly dispatch
7 to the Division of Driver Licenses of the Department of
8 Highway Safety and Motor Vehicles of the name in full, place
9 and date of birth, sex, social security number, and resident
10 address of individuals who have with central visual acuity of
11 20/200 or less in the better eye with correcting glasses, or a
12 disqualifying field defect in which the peripheral field has
13 contracted to such an extent that the widest diameter or
14 visual field subtends an angular distance no greater than 20
15 degrees. When requested in writing by an applicant or client,
16 or her or his representative, the Florida Commission for the
17 Blind Division of Blind Services shall release confidential
18 information to the applicant or client or her or his
19 representative.
20 (3) Any person who violates a provision of this
21 section is guilty of a misdemeanor of the second degree,
22 punishable as provided in s. 775.082 or s. 775.083.
23 Section 11. Section 413.013, Florida Statutes, is
24 amended to read:
25 413.013 Destruction of records.--The Florida
26 Commission for the Blind Division of Blind Services may
27 authorize the destruction of any correspondence, documents, or
28 other records when the subject matter involved has been closed
29 or terminated and their preservation is not required by
30 federal or state law, rule, or regulation. No Such material
31 may not shall be destroyed unless the commission has given
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1 specific authority to destroy it is given by the division and
2 unless the said records have been in the possession of the
3 commission division 5 or more years prior to their
4 destruction.
5 Section 12. Section 413.014, Florida Statutes, is
6 amended to read:
7 413.014 Community-based rehabilitation programs.--The
8 Florida Commission for the Blind Division of Blind Services
9 shall enter into cooperative agreements with community-based
10 rehabilitation programs to be the service providers for the
11 blind citizens of their communities. The commission division
12 shall, as rapidly as feasible, increase the amount of such
13 services provided by community-based rehabilitation programs.
14 The goal shall be to decrease the amount of such services
15 provided by commission division employees and to increase to
16 the maximum extent allowed by federal law the amount of such
17 services provided through cooperative agreements with
18 community-based service providers. The commission division
19 shall seek, to the maximum extent allowed by federal and state
20 law and regulation, all available federal funds for such
21 purposes. Funds and in-kind matching contributions from
22 community and private sources shall be used to maximize
23 federal funds. Unless prohibited by federal law or regulation,
24 the share of the federal vocational rehabilitation grant
25 apportioned for services to the blind must shall be not less
26 than 17 percent.
27 Section 13. Section 413.041, Florida Statutes, is
28 amended to read:
29 413.041 Eligible blind persons; placement in vending
30 facilities in public places.--For the purpose of assisting
31 blind persons to become self-supporting, the Florida
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1 Commission for the Blind may Division of Blind Services is
2 hereby authorized to carry on activities to promote the
3 employment of eligible blind persons, including the licensing
4 and establishment of such persons as operators of vending
5 facilities on public property. The commission said division
6 may cooperate with any agency of the Federal Government in the
7 furtherance of the provisions of the Act of Congress entitled
8 "An Act to authorize the operation of stands in federal
9 buildings by blind persons, to enlarge the economic
10 opportunities of the blind and for other purposes," Pub. L.
11 No. 732, 74th Congress, and the commission said division may
12 cooperate in the furtherance of the provisions of any other
13 act of Congress providing for the rehabilitation of the blind
14 which is that may now be in effect or is may hereafter be
15 enacted by Congress.
16 Section 14. Section 413.051, Florida Statutes, is
17 amended to read:
18 413.051 Eligible blind persons; operation of vending
19 stands.--
20 (1) This section may be cited shall be known as the
21 Little Randolph Sheppard Act.
22 (2) As used in this section, the term:
23 (a) "Blind licensee" means any blind person trained
24 and licensed by the Florida Commission for the Blind Division
25 of Blind Services of the Department of Education to operate a
26 vending stand.
27 (b) "Vending stand" means any manually operated
28 cafeteria, snack bar, cart service, shelter, counter, or other
29 manually operated facility for the sale of newspapers,
30 periodicals, confections, tobacco products, foods, beverages,
31 or other such articles or services.
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1 (c) "State agency" means any agency of the state.
2 (d) "State property" means any building or land owned,
3 leased, or otherwise controlled by the state, but does not
4 include any building or land under the control of the Board of
5 Regents, a community college district board of trustees, or
6 any state correctional institution as defined in s. 944.02.
7 (e) "Property custodian" or "person in charge" means
8 any employee, agent, or person who is in control of or
9 responsible for the maintenance, operation, and protection of
10 any state property.
11 (3) Blind licensees shall be given the first
12 opportunity to participate in the operation of vending stands
13 on all state properties acquired after July 1, 1979, when such
14 facilities are operated under the supervision of the Florida
15 Commission for the Blind Division of Blind Services of the
16 Department of Education.
17 (4) The Florida Commission for the Blind Division of
18 Blind Services shall conduct be responsible for a periodic
19 survey of all state properties and, where feasible, shall
20 establish vending facilities to be operated by blind
21 licensees.
22 (5) All property custodians and duly authorized agents
23 or employees of the state shall cooperate with the commission
24 division in its survey of state properties and shall make
25 available adequate space, electrical wiring, plumbing, and
26 ventilation necessary to the installation of a vending
27 facility on any state property designated as suitable by the
28 commission division.
29 (6) The commission division shall be notified by
30 property custodians or persons in charge at least 180 days
31 prior to the initiation of any new construction, expansion,
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1 leasing, or acquisition of property occupied or to be occupied
2 by a state agency.
3 (7) A No person or persons may not shall be offered or
4 granted any concession by any property custodian or person in
5 charge to operate a vending stand on any state property
6 acquired after July 1, 1979, unless the commission division is
7 notified of that proposed concession.
8 (8) Income from new vending machines or replacement of
9 existing machines installed on state property after July 1,
10 1979, shall accrue to the blind licensee who operates a
11 vending facility on the same property or, if none, to the
12 commission division. The commission is division shall be
13 responsible for the servicing and maintenance of all vending
14 machines.
15 (9) This section does not It is the legislative intent
16 that this section shall not apply or operate, in any way or
17 any manner, to divest any person or organization presently
18 operating a vending stand on state, county, or municipal
19 property from continuing to do so; however, the property
20 custodian or person in charge shall notify the Florida
21 Commission for the Blind Division of Blind Services at least
22 180 days prior to the expiration whether the such vending
23 facility location is suitable for operation by a blind
24 licensee.
25 (10) All the preceding provisions are permissive
26 regarding all political subdivisions of the state.
27 (11) Effective July 1, 1996, blind licensees who
28 remain members of the Florida Retirement System pursuant to s.
29 121.051(6)(b)1. shall pay any unappropriated retirement costs
30 from their net profits or from program income. Within 30 days
31 after the effective date of this act, each blind licensee who
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1 is eligible to maintain membership in the Florida Retirement
2 System under s. 121.051(6)(b)1., but who elects to withdraw
3 from the system as provided in s. 121.051(6)(b)3., must, on or
4 before July 31, 1996, notify the Division of Blind Services
5 and the Department of Management Services in writing of his or
6 her election to withdraw. Failure to timely notify the
7 divisions shall be deemed a decision to remain a compulsory
8 member of the Florida Retirement System. However, if, at any
9 time after July 1, 1996, sufficient funds are not paid by a
10 blind licensee to cover the required contribution to the
11 Florida Retirement System, that blind licensee shall become
12 ineligible to participate in the Florida Retirement System on
13 the last day of the first month for which no contribution is
14 made or the amount contributed is insufficient to cover the
15 required contribution. For any blind licensee who becomes
16 ineligible to participate in the Florida Retirement System as
17 described in this subsection, no creditable service shall be
18 earned under the Florida Retirement System for any period
19 following the month that retirement contributions ceased to be
20 reported. However, any such person may participate in the
21 Florida Retirement System in the future if employed by a
22 participating employer in a covered position.
23 (12) The Florida Commission for the Blind Division of
24 Blind Services may adopt rules to permit the commission
25 division to establish and maintain vending facilities, issue
26 licenses, establish and maintain a vending facility training
27 program, provide vendors access to financial data of the
28 program, set aside funds from net proceeds of the vending
29 facility, provide for the transfer and promotion of vendors,
30 establish a vendors committee, provide for an operation
31 agreement, provide duties and responsibilities of the
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1 commission division with respect to the vending facility
2 program, and provide procedures for newspaper vending sales.
3 Section 15. Section 413.091, Florida Statutes, is
4 amended to read:
5 413.091 Identification cards.--
6 (1) The Florida Commission for the Blind Division of
7 Blind Services of the Department of Education shall is hereby
8 empowered to issue identification cards to persons known to be
9 blind or partially sighted, upon the written request of such
10 individual.
11 (2) The individual shall submit proof of blindness as
12 specified by the commission division.
13 (3) The commission is division will be responsible for
14 the design and content of the identification card and shall
15 develop and adopt promulgate rules, regulations, and
16 procedures relating to the eligibility and application for,
17 and issuance and control of, these identification cards.
18 Section 16. Section 413.092, Florida Statutes, is
19 amended to read:
20 413.092 Blind Babies Program.--
21 (1) The Blind Babies Program is created within the
22 Florida Commission for the Blind Division of Blind Services of
23 the Department of Education to provide community-based
24 early-intervention education to children from birth through 5
25 years of age who are blind or visually impaired, and to their
26 parents, families, and caregivers, through community-based
27 provider organizations. The commission division shall enlist
28 parents, ophthalmologists, pediatricians, schools, Infant and
29 Toddlers Early Intervention Programs, and therapists to help
30 identify and enroll blind and visually impaired children, as
31
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1 well as their parents, families, and caregivers, in these
2 educational programs.
3 (2) The program is not an entitlement but shall
4 promote early development with a special emphasis on vision
5 skills to minimize developmental delays. The education must
6 shall lay the groundwork for future learning by helping a
7 child progress through normal developmental stages. It must
8 shall teach children to discover and make the best use of
9 their skills for future success in school. It must shall seek
10 to ensure that visually impaired and blind children enter
11 school as ready to learn as their sighted classmates. The
12 program shall seek to link these children, and their parents,
13 families, and caregivers, to other available services,
14 training, education, and employment programs that could assist
15 these families in the future. This linkage may include
16 referrals to the school districts and the Infants and Toddlers
17 Early Intervention Program for assessments to identify any
18 additional services that are needed but which are not provided
19 by the Blind Babies Program. The commission division shall
20 develop a formula for eligibility based on financial means and
21 may create a means-based matrix to set a copayment fee for
22 families having sufficient financial means.
23 (3) The commission division shall establish outcomes
24 for this program, which must shall include, but are not
25 limited to, outcomes relating to the children's
26 age-appropriate developmental stages; knowledge of assistive
27 technology; proficiency at daily living; ability to
28 participate in pre-school and school; participation in their
29 communities; and ability to be literate. The commission
30 division shall develop criteria to be used in identifying and
31 contracting with community-based provider organizations. All
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1 services offered through the Blind Babies Program shall be
2 provided by community-based provider organizations. The
3 commission division shall require any community-based provider
4 organization delivering services under this program to develop
5 performance measures related to those services and report to
6 the commission division on the progress in achieving those
7 measures.
8 Section 17. Section 413.093, Florida Statutes, is
9 created to read:
10 413.093 Budget procedures.--
11 (1) The executive director of the Florida Commission
12 for the Blind shall recommend to the commission a budget of
13 income and expenditures at such time and in such form as the
14 commission prescribes. The commission shall adopt procedures
15 for the approval of budget amendments.
16 (2) In preparing its legislative budget request, the
17 Florida Commission for the Blind shall use the same format,
18 procedures, and timelines that are required for preparing and
19 submitting the legislative budget of the Department of
20 Education. The Commissioner of Education shall include the
21 Florida Commission for the Blind in the department's
22 legislative budget request to the State Board of Education,
23 the Governor, and the Legislature. The legislative budget
24 request and the appropriation for the Florida Commission for
25 the Blind must constitute a separate identifiable sum in the
26 Department of Education budget. The annual appropriation for
27 the commission must be distributed monthly in payments that
28 are as nearly equal as possible. Appropriations for client
29 services, instructional technology, and motor vehicles may be
30 released and distributed as necessary to serve the
31 instructional program for the clients.
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1 (3) Fixed capital outlay needs of the commission must
2 continue to be requested in the public education capital
3 outlay legislative budget request of the Department of
4 Education.
5 Section 18. Section 413.094, Florida Statutes, is
6 created to read:
7 413.094 Management flexibility.--
8 (1) Notwithstanding ss. 216.031, 216.181, and 216.262
9 to the contrary and pursuant to s. 216.351, but subject to any
10 guidelines imposed in the General Appropriations Act, funds
11 for the operation of the Florida Commission for the Blind must
12 be requested and appropriated within budget entities, program
13 components, program categories, lump sums, or special
14 categories. Funds appropriated to the Florida Commission for
15 the Blind for each program category, lump sum, or special
16 category may be transferred to traditional categories for
17 expenditure by the commission. The commission shall develop an
18 annual operating budget that allocates funds by program
19 component and traditional expenditure category.
20 (2) Notwithstanding s. 216.181 and pursuant to s.
21 216.351, but subject to any requirements imposed in the
22 General Appropriations Act, a lump-sum plan is not a
23 prerequisite to implementing the special categories, program
24 categories, or lump-sum appropriations. Upon release of the
25 special categories, program categories, or lump-sum
26 appropriations to the commission, the Chief Financial Officer,
27 upon the request of the commission, shall transfer or
28 reallocate funds to or among accounts established for
29 disbursement purposes. The commission shall maintain records
30 to account for the original appropriation.
31
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1 (3) Notwithstanding ss. 216.031, 216.181, 216.251, and
2 216.262 to the contrary and pursuant to s. 216.351, but
3 subject to any requirements imposed in the General
4 Appropriations Act, the commission shall establish the
5 authorized positions and may amend such positions, within the
6 total funds authorized annually in the appropriations act.
7 Section 19. Section 413.095, Florida Statutes, is
8 created to read:
9 413.095 Retention of title to and disposal of property
10 and equipment.--
11 (1) The Florida Commission for the Blind retains title
12 to any real or personal property, such as tools, instruments,
13 training supplies, equipment, motor vehicles, real property,
14 or other items of value acquired for use by people who have
15 visual impairments or personnel employed in operating programs
16 of the Florida Commission for the Blind, and may repossess and
17 transfer such property for use by other people who have visual
18 impairments or personnel employed in the operation of the
19 commission.
20 (2) The commission may offer for sale any surplus
21 items acquired in the operation of the program when they are
22 no longer necessary or may exchange them for necessary items
23 that can be used to greater advantage. When any such surplus
24 equipment is sold or exchanged, a receipt for the sale or
25 exchange which shows the consideration given for the equipment
26 must be taken from the purchaser, and the consideration must
27 be forwarded to the division to be included in the
28 commission's portfolio of investments pursuant to s. 413.115.
29 Any funds that the commission receives pursuant to any such
30 transaction must be deposited in the Grants and Donations
31 Trust Fund, are exempt from the State Treasury pursuant to s.
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1 215.311, and are available for expenditure for any purposes
2 consistent with ss. 413.011-413.092.
3 (3) The Florida Commission for the Blind has the
4 exclusive right to develop rules relating to records and
5 recordkeeping for property owned by the commission which is
6 referred to in subsections (1) and (2).
7 Section 20. Sections 413.061, 413.062, 413.063,
8 413.064, 413.065, 413.066, 413.067, 413.068, and 413.069,
9 Florida Statutes, are repealed.
10 Section 21. This act shall take effect January 1,
11 2004.
12
13 *****************************************
14 SENATE SUMMARY
15 Replaces the Division of Blind Services of the Department
of Education with the Florida Commission for the Blind,
16 which is created by this act. Provides a short title.
Provides powers and duties of the commission. Provides
17 for budgetary procedures, powers, and limitations.
Repeals the Advisory Council for the Blind. (See bill for
18 details.)
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