Senate Bill sb2244c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
By the Committee on Governmental Oversight and Productivity;
and Senators Fasano, Sebesta, Lawson and Bennett
302-2284-03
1 A bill to be entitled
2 An act relating to the Florida Council on
3 Deafness; creating the Florida Council on
4 Deafness; providing membership and organization
5 of the council; providing role, purpose,
6 powers, duties, and responsibilities of the
7 council; creating the Florida Commission for
8 the Blind in the Department of Education;
9 providing membership, powers and duties, and
10 meetings of the commission; providing for
11 administrative support by the department;
12 providing that the commission is the agency
13 head of the Division of Blind Services;
14 providing that the division is the designated
15 state unit under the federal Rehabilitation Act
16 of 1973; providing that the division is a
17 separate budget entity; providing for an
18 executive director of the commission, who is
19 also chief administrative officer of the
20 division; providing for the executive director
21 to employ personnel; requiring the division to
22 develop and implement a state plan for
23 vocational rehabilitation services; requiring
24 the commission to develop and implement a state
25 plan for independent living services; providing
26 for the division to purchase and distribute
27 specialized equipment without using state
28 centralized purchasing procedures; exempting
29 such equipment from certain record and
30 inventory requirements; creating a children's
31 program; requiring an annual report by the
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 commission; providing for dispute resolution;
2 amending s. 20.15, F.S.; providing that members
3 of the Florida Commission for the Blind are not
4 appointed by the Commissioner of Education;
5 amending s. 413.011, F.S.; providing
6 legislative purpose and policy; providing
7 duties of the commission and the division;
8 prescribing principles for commission
9 activities; providing definitions; requiring
10 background investigations of commission
11 personnel; repealing the Advisory Council for
12 the Blind; creating s. 413.093, F.S.; providing
13 budgetary procedures for the commission;
14 providing duties of the executive director of
15 the Florida Commission for the Blind; creating
16 s. 413.094, F.S.; providing for management
17 flexibility in the division's allocation of
18 funds and the amendment of authorized
19 positions; requiring the commission to maintain
20 records; creating s. 413.095, F.S.; providing
21 for the division to retain title to certain
22 real and personal property intended for use by
23 people who have visual impairments and certain
24 commission personnel; allowing the division to
25 repossess, transfer, and dispose of such
26 property; providing for rulemaking by the
27 commission; authorizing the commission to
28 create a blind services direct-support
29 organization; providing purposes and
30 objectives; providing that the organization is
31 subject to s. 24, Art. I of the State
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 Constitution, ch. 119, F.S., and s. 286.011,
2 F.S.; requiring expenses of the organization to
3 be paid by private funds; providing guidelines
4 for the use of the funds; amending s. 413.0115,
5 F.S., relating to the State Board of
6 Administration's authorization to invest a
7 portfolio, s. 413.012, F.S., relating to
8 prohibiting the disclosure of confidential
9 records and providing exemptions to the
10 prohibition, s. 413.013, F.S., relating to the
11 destruction of certain records, s. 413.014,
12 F.S., relating to community-based
13 rehabilitation programs, s. 413.041, F.S.,
14 relating to placing eligible blind persons in
15 vending facilities in public places, s.
16 413.051, F.S., the Little Randolph Sheppard
17 Act, s. 413.091, F.S., relating to the issuance
18 of identification cards to persons known to be
19 blind or partially sighted, s. 413.092, F.S.,
20 relating to the Blind Babies Program;
21 conforming provisions to the changes made by
22 this act; repealing ss. 413.061, 413.062,
23 413.063, 413.064, 413.065, 413.066, 413.067,
24 413.068, 413.069, F.S., relating to the
25 issuance of permits for soliciting funds on
26 behalf of blind persons; providing effective
27 dates.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Florida Council on Deafness.--
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 (1)(a) There is established the Florida Council on
2 Deafness. The council is assigned to the Department of
3 Education for administrative and fiscal purposes, but it shall
4 otherwise function independently of the control, supervision,
5 and direction of the Department of Education.
6 (b) The council shall consist of nine members
7 appointed by the Governor, after consultation with statewide
8 not-for-profit professional organizations that represent deaf,
9 hard-of-hearing, and late-deafened individuals. The members of
10 the council must be confirmed by the Senate. The Governor
11 shall make appointments to the council no later than July 1,
12 2003. Each member shall be appointed to a term of 4 years;
13 however, for the purpose of providing staggered terms, of the
14 initial appointments, five members shall be appointed to a
15 2-year term and four members shall be appointed to a 4-year
16 term. Any vacancy on the council shall be filled in the same
17 manner as the original appointment, and any member appointed
18 to fill a vacancy occurring because of death, resignation, or
19 ineligibility for membership shall serve only for the
20 unexpired term of the member's predecessor.
21 (c) The first meeting of the council shall be held no
22 later than August 1, 2003. The council members, at the
23 organizational meeting, shall elect by a majority vote of the
24 members one member to serve as chair of the council for a term
25 of 1 year. The council shall meet at least once each quarter.
26 All meetings are subject to the call of the chair. Five
27 members of the council shall constitute a quorum.
28 (d) Members of the council shall serve without
29 compensation but may be reimbursed for per diem and travel
30 expenses pursuant to section 112.061, Florida Statutes.
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 (e) Staff of the Department of Education shall be
2 assigned by the Commissioner of Education to assist the
3 council in the duties assigned to it by this section.
4 (2) It shall be the role of the council to serve as an
5 advisory and coordinating body in the state which recommends
6 policies that address the needs of deaf, hard-of-hearing, and
7 late-deafened persons and which recommends methods that
8 improve the coordination of services among the public and
9 private entities that provide services to deaf,
10 hard-of-hearing, and late-deafened persons. The council is
11 authorized to provide technical assistance, advocacy, and
12 education. To that end, the council shall:
13 (a) Provide information and assistance to the
14 Legislature.
15 (b) Provide technical assistance to other state
16 agencies.
17 (c) Provide information and referral services.
18 (d) Promote public and individual advocacy for deaf,
19 hard-of-hearing, and late-deafened citizens.
20 (e) Conduct public hearings as needed.
21 (3) The council shall prepare a report, which shall be
22 filed with the Governor, the President of the Senate, the
23 Speaker of the House of Representatives, and the Chief Justice
24 of the Supreme Court by January 1, 2004, which shall include:
25 (a) A review of state agencies to determine if they
26 are in compliance with accessibility standards as they relate
27 to services for deaf, hard-of-hearing, and late-deafened
28 individuals.
29 (b) A review of federal and state statutes, rules, and
30 regulations that establish requirements that agencies must
31 comply with, including, but not limited to, equipment and
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 communication accessibility standards in the provision of
2 services to deaf, hard-of-hearing, and late-deafened
3 individuals.
4 (c) A comparison of the licensure and accreditation
5 requirements for sign-language interpreters, oral
6 interpreters, and entities providing services, both directly
7 and indirectly, to individuals with hearing loss among the 10
8 most populous states.
9 (d) Recommendations for standards for and licensure of
10 sign-language interpreters and providers of Computer-Aided
11 Real-time Translation services (CART) and other service
12 provider accreditation standards.
13 (4) The council may:
14 (a) Secure assistance from all state departments and
15 agencies in order to avail itself of expertise at minimal
16 cost.
17 (b) Obtain information and assistance from the state
18 or any political subdivision, municipal corporation, public
19 officer, or governmental department or agency thereof.
20 (c) Apply for and accept funds, grants, gifts, and
21 services from local or state government or the Federal
22 Government, or from any of their agencies, or any other public
23 or private source and may use funds for the purposes
24 authorized by this section.
25 (5) All executive branch state agencies are
26 instructed, and all other state agencies are requested, to aid
27 and assist the council in the accomplishment of its purposes.
28 (6) Nothing in this act is intended to or shall be
29 interpreted as extending the duties or responsibilities of the
30 council to any program, service, or activity that is subject
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 to the jurisdiction or oversight of the Public Service
2 Commission.
3 Section 2. This act may be cited as the "Florida
4 Commission for the Blind Act."
5 Section 3. Florida Commission for the Blind; creation;
6 membership; powers and duties.--
7 (1)(a) There is created within the Department of
8 Education a commission under section 20.03(10), Florida
9 Statutes, which is independent of the department and which is
10 designated as the Florida Commission for the Blind. The
11 Florida Commission for the Blind is the designated state
12 agency in accordance with the Rehabilitation Act of 1973, as
13 amended.
14 (b) The commission is the agency head of the Division
15 of Blind Services within the Department of Education, which
16 division is the designated state unit in accordance with the
17 Rehabilitation Act of 1973, as amended. The division is a
18 separate budget entity, and the commission shall serve as its
19 agency head for all purposes.
20 (c) The Department of Education shall provide
21 administrative support and services to the commission and to
22 the division to the extent requested by the commission or the
23 executive director. The division is not subject to control,
24 supervision, or direction by the Department of Education in
25 any matter, including, but not limited to, personnel,
26 purchasing, transactions involving real or personal property,
27 and budgetary matters.
28 (2)(a) The commission shall consist of nine members,
29 the majority of whom are blind, who are appointed by the
30 Governor and confirmed by the Senate.
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 (b) Members of the commission must be qualified to
2 serve based on their knowledge and experience in
3 rehabilitation and related services for the blind. Before
4 making appointments, the Governor shall consult with
5 recognized consumer groups of people who are blind in this
6 state to obtain their recommendations for appointees.
7 (c) Each commissioner shall be appointed for a 3-year
8 term, except that, in order to establish staggered terms,
9 three of the initial appointments shall be for 3-year terms;
10 three of the initial appointments shall be for 2-year terms;
11 and three of the initial appointments shall be for 1-year
12 terms. Thereafter, all commissioners shall be appointed for
13 3-year terms. The initial appointments to the commission shall
14 be made no later than July 15, 2003.
15 (d) Each commissioner is accountable to the Governor
16 for the proper performance of the duties of his or her office.
17 The Governor may remove any member from office for
18 malfeasance, misfeasance, neglect of duty, incompetence, or
19 permanent inability to perform his or her official duties or
20 for pleading nolo contendere to or being found guilty of a
21 crime.
22 (3) The first meeting of the commission must be held
23 no later than August 1, 2003. A majority of the members of the
24 commission constitutes a quorum to transact business. The
25 chair of the commission shall be elected by the members
26 present and voting at the first meeting, a quorum being
27 present, and annually thereafter. The commission shall meet at
28 least quarterly or at the call of the chair or at the call of
29 a majority of the members at such other times as the
30 commissioners determine appropriate. The commission is subject
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 to Section 24, Article I of the State Constitution, chapter
2 119, Florida Statutes, and section 286.011, Florida Statutes.
3 (4) A commissioner:
4 (a) May not be employed by the division during the
5 term of his or her membership;
6 (b) May not receive compensation for services on the
7 commission;
8 (c) Shall be reimbursed for travel expenses and per
9 diem as provided in section 112.061, Florida Statutes; and
10 (d) May not receive financial benefit from contracts
11 entered into by the commission.
12 (5)(a) The commission shall appoint an executive
13 director who has knowledge and experience in rehabilitation
14 and related services for the blind or has a background in
15 management and any other area, as determined appropriate by
16 the commission. The executive director serves at the pleasure
17 of the commission. Removal of the executive director by vote
18 of the commission requires five votes in favor of such action.
19 (b) The executive director shall serve as the chief
20 administrative officer of the Division of Blind Services. The
21 executive director shall employ such personnel as are needed
22 and shall fix their compensation. All division employees shall
23 report to the executive director.
24 (6)(a) The division shall develop and implement a
25 state plan for vocational rehabilitation services for
26 individuals who are blind, pursuant to section 101 of the
27 Rehabilitation Act of 1973, as amended.
28 (b) In conjunction with the Florida Independent Living
29 Council, the division shall develop and implement a 3-year
30 state plan for independent living services and provide
31 independent living services for blind and visually impaired
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 individuals, including services for older individuals who are
2 blind, pursuant to Title VII, chapter 2 of the Rehabilitation
3 Act of 1973, as amended.
4 (c) The division shall provide services that
5 contribute to the maintenance of or the increased independence
6 of older individuals who are blind.
7 (d) The division shall establish, equip, and maintain
8 an orientation and adjustment center or centers to provide
9 independent living skills training and other training such as,
10 but not limited to, instruction in Braille; use of the long
11 white cane for independent travel; homemaking and
12 home-management skills; and communication skills, including
13 the use of computer technology, to prepare individuals who are
14 blind or visually impaired for eventual vocational training,
15 job placement, and independence.
16 (e) The division shall establish and implement a small
17 business enterprises program and serve as the state licensing
18 agency for individuals who are blind, pursuant to the federal
19 Randolph-Sheppard Act.
20 (f) The division shall purchase and distribute
21 specialized equipment, devices, and technology, including
22 low-vision aids, obtained directly from specialty vendors
23 without using state centralized purchasing procedures.
24 Property that is purchased by a state agency for the purpose
25 of making accommodations for individuals who are blind is not
26 subject to the record and inventory requirements set forth in
27 section 273.02, Florida Statutes. A state agency may use funds
28 from all possible sources to make accommodations for
29 individuals who are blind.
30
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 (g) In cooperation with the Library of Congress, the
2 division shall provide library services to persons who are
3 blind and persons who have physical disabilities.
4 (h) In cooperation with other appropriate agencies,
5 the division shall provide to employers, the state education
6 agency, and local education agencies technical assistance in
7 the provision of auxiliary aids and services to people who are
8 blind, students, and their parents in complying with the
9 Americans with Disabilities Act and the Individuals with
10 Disabilities Education Act, as amended.
11 (i) The division shall provide technical assistance to
12 agencies within the state in order to assure that information
13 technology purchased or used by such agencies is accessible to
14 and usable by individuals who are blind, at the time the
15 technology is purchased or used.
16 (j) The division shall participate, through the
17 designation of the executive director or an appropriate staff
18 member of the commission, on boards, commissions, or bodies in
19 this state for the purpose of coordinating and planning
20 services.
21 (k) The division shall conduct a review of consumer
22 satisfaction with programs of the division and perform other
23 functions of the statewide rehabilitation council specified in
24 section 105(c) of the Rehabilitation Act of 1973, as amended.
25 (l) The division shall adopt rules for administering
26 the programs of the division.
27 (m) The division shall apply for and receive money
28 from any state or federal agency to support the programs of
29 the commission.
30 (n) The division shall develop and administer any
31 other program that will further the provision of services to
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 people who are blind and that the commission determines falls
2 within its scope of responsibility.
3 (7)(a) There is created within the Division of Blind
4 Services a children's program to serve children who are blind
5 from 5 years of age through transition to the Vocational
6 Rehabilitation Program. This program must supplement services
7 already offered by the school system to foster the child's
8 learning and ability to function independently. The child's
9 parents, guardian, and family members should be an integral
10 part of the program in order to foster independence.
11 (b) The division shall provide vocational
12 rehabilitation services to individuals in this state who are
13 blind, pursuant to the Rehabilitation Act of 1973, as amended.
14 (c) The division shall provide independent living
15 services to individuals in this state who are blind, including
16 older individuals, pursuant to the Rehabilitation Act of 1973,
17 as amended.
18 (8) The Florida Commission for the Blind shall publish
19 an annual report that includes a list of accomplishments,
20 findings, and recommendations for improvements based on the
21 division's performance during the year. The report must also
22 contain information needed to evaluate the progress of the
23 division in meeting the needs of blind individuals in this
24 state.
25 (9)(a) Any applicant for or recipient of services from
26 the division who is dissatisfied with any action taken or
27 decision made regarding such services may file a complaint
28 setting forth the basis for the dissatisfaction and the remedy
29 sought. Upon receipt of the complaint, the executive director
30 shall inform the individual of the voluntary procedures for
31 mediation of the dispute. The mediation must be conducted by a
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 qualified and impartial mediator, and the commission must pay
2 the costs.
3 (b) If the dispute cannot be resolved by mediation or
4 other informal means, the executive director shall, through a
5 designee, notify the complainant of his or her rights for
6 appeal under state and federal law related to the program from
7 which the complaint arises. The commission shall adopt rules
8 sufficient to regulate the conduct of all proceedings required
9 under this section and to assure the rights of all parties
10 participating therein.
11 Section 4. Section 20.15, Florida Statutes, is amended
12 to read:
13 20.15 Department of Education.--There is created a
14 Department of Education.
15 (1) STATE BOARD OF EDUCATION.--In accordance with s.
16 2, Art. IX of the State Constitution, the State Board of
17 Education is a body corporate and must supervise the system of
18 free public education as is provided by law. The State Board
19 of Education is the head of the Department of Education.
20 (2) COMMISSIONER OF EDUCATION.--The Commissioner of
21 Education is appointed by the State Board of Education and
22 serves as the Executive Director of the Department of
23 Education.
24 (3) DIVISIONS.--The following divisions of the
25 Department of Education are established:
26 (a) Division of Community Colleges.
27 (b) Division of Public Schools.
28 (c) Division of Colleges and Universities.
29 (d) Division of Vocational Rehabilitation.
30 (e) Division of Blind Services.
31
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 (4) DIRECTORS.--Except as otherwise provided, the
2 directors of all divisions shall be appointed by the
3 commissioner subject to approval by the state board.
4 (5) POWERS AND DUTIES.--The State Board of Education
5 and the Commissioner of Education shall assign to the
6 divisions such powers, duties, responsibilities, and functions
7 as are necessary to ensure the greatest possible coordination,
8 efficiency, and effectiveness of education for students in
9 K-20 education.
10 (6) COUNCILS AND COMMITTEES.--Notwithstanding anything
11 contained in law to the contrary, the commissioner shall
12 appoint all members of all councils, commissions, and
13 committees of the Department of Education, except the
14 Commission for Independent Education, and the Education
15 Practices Commission, and the Florida Commission for the
16 Blind.
17 (7) BOARDS.--Notwithstanding anything contained in law
18 to the contrary, all members of the university and community
19 college boards of trustees must be appointed according to
20 chapter 1001.
21 Section 5. Section 413.011, Florida Statutes, is
22 amended to read:
23 413.011 Division of Blind Services, internal
24 organizational structure; Advisory Council for the Blind.--
25 (1) PURPOSE AND POLICY.--
26 (a) Purpose.--The purpose of this act is to establish
27 a coordinated program of services which will be available to
28 individuals throughout this state who are blind. The program
29 must be designed to maximize employment opportunities for such
30 individuals and to increase their independence and
31 self-sufficiency. In implementing this program, the Florida
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 Commission for the Blind The internal organizational structure
2 of the Division of Blind Services shall be designed for the
3 purpose of ensuring the greatest possible efficiency and
4 effectiveness of services to the blind and to be consistent
5 with chapter 20. The Division of Blind Services shall plan
6 and, supervise, and the division shall carry out, the
7 following activities:
8 (a) Recommend personnel as may be necessary to carry
9 out the purposes of this section.
10 (b) Cause to be compiled and maintained a complete
11 register of the blind in the state, which shall describe the
12 condition, cause of blindness, and capacity for education and
13 industrial training, with such other facts as may seem to the
14 division to be of value. Any information in the register of
15 the blind which, when released, could identify an individual
16 is confidential and exempt from the provisions of s.
17 119.07(1).
18 1.(c) Inquire into the cause of blindness, inaugurate
19 preventive measures, and provide for the examination and
20 treatment of the blind, or those threatened with blindness,
21 for the benefit of such persons, and shall pay therefor,
22 including necessary incidental expenses.
23 2.(d) Aid the blind in finding employment, teach them
24 trades and occupations within their capacities, assist them in
25 disposing of products made by them in home industries, assist
26 them in obtaining funds for establishing enterprises where
27 federal funds reimburse the state, and do such things as will
28 contribute to the efficiency of self-support of the blind.
29 3.(e) Establish one or more training schools and
30 workshops for the employment of suitable blind persons; make
31 expenditures of funds for such purposes; receive moneys from
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 sales of commodities involved in such activities and from such
2 funds make payments of wages, repairs, insurance premiums and
3 replacements of equipment. All of the activities provided for
4 in this section may be carried on in cooperation with private
5 workshops for the blind, except that all tools and equipment
6 furnished by the division shall remain the property of the
7 state.
8 4.(f) Provide special services and benefits for the
9 blind for developing their social life through community
10 activities and recreational facilities.
11 5.(g) Undertake such other activities as may
12 ameliorate the condition of blind residents citizens of this
13 state.
14 6.(h) Cooperate with other agencies, public or
15 private, especially the Division of the Blind and Physically
16 Handicapped of the Library of Congress and the Division of
17 Library and Information Services of the Department of State,
18 to provide library service to the blind and other handicapped
19 persons as defined in federal law and regulations in carrying
20 out any or all of the provisions of this law.
21 7.(i) Recommend contracts and agreements with federal,
22 state, county, municipal and private corporations, and
23 individuals.
24 8.(j) Receive moneys or properties by gift or bequest
25 from any person, firm, corporation, or organization for any of
26 the purposes herein set out in part 1 of this chapter, but
27 without authority to bind the state to any expenditure or
28 policy except such as is may be specifically authorized by
29 law. All such moneys or properties so received by gift or
30 bequest as herein authorized in this subparagraph may be
31 disbursed and expended by the division upon its own warrant
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 upon approval of the commission for any of the purposes herein
2 set forth, and such moneys or properties do shall not
3 constitute nor may they or be considered a part of any
4 legislative appropriation made by the state for the purpose of
5 carrying out this section the provisions of this law.
6 9.(k) Prepare and make available to the blind, in
7 braille and on electronic recording equipment, Florida
8 Statutes chapters 20, 120, 121, and 413, in their entirety.
9 10.(l) Adopt by rule procedures for providing
10 vocational rehabilitation services for the blind upon approval
11 of the commission.
12 11.(m) Adopt by rule forms and instructions to be used
13 by the division in its general administration upon approval of
14 the commission.
15 (b) Policy.--It is the policy of the Legislature that
16 all programs, projects, and activities of the Florida
17 Commission for the Blind and the division are to be carried
18 out in a manner consistent with the following principles:
19 1. Respect for individual dignity, personal
20 responsibility, self-determination to live independently, and
21 pursuit of meaningful careers, based on informed choice;
22 2. Support for the involvement of an individual's
23 representative if an individual requests, desires, or needs
24 such support;
25 3. Respect for the individual's privacy and equal
26 access, including the use of information in accessible
27 formats; and
28 4. Integration and full participation of individuals
29 who are blind in society on equal terms with others.
30 (2) DEFINITIONS.--As used in this section, the term:
31
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 (a) "Act," unless the context indicates otherwise,
2 means the Rehabilitation Act of 1973, 29 U.S.C. ss. 701-797.
3 (b) "Blind" or "blindness" means the condition of any
4 person for whom blindness is a disability as defined by the
5 Rehabilitation Act of 1973, 29 U.S.C. s. 706(8)(b).
6 (3) The Florida Commission for the Blind shall,
7 because of the special trust placed in and the special
8 responsibility imposed on employees of the commission, require
9 all employees and applicants for employment to undergo
10 personnel screening and security background investigations as
11 provided in chapter 435, using the level one standards for
12 screening set forth in that chapter, as a condition of
13 employment and continued employment. The commission shall pay
14 the cost of a personnel screening and security background
15 investigation for each employee of the commission.
16 (c) "Department" means the Department of Labor and
17 Employment Security.
18 (3) There is hereby created in the department the
19 Advisory Council for the Blind to assist the division in the
20 planning and development of statewide rehabilitation programs
21 and services, to recommend improvements to such programs and
22 services, and to perform the functions provided in this
23 section.
24 (a) The advisory council shall be composed of:
25 1. At least one representative of the Independent
26 Living Council, which representative may be the chair or other
27 designee of the council;
28 2. At least one representative of a parent training
29 and information center established pursuant to s. 631(c)(9) of
30 the Individuals with Disabilities Act, 20 U.S.C. s.
31 1431(c)(9);
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 3. At least one representative of the client
2 assistance program established under the act;
3 4. At least one vocational rehabilitation counselor
4 who has knowledge of and experience in vocational
5 rehabilitation services for the blind, who shall serve as an
6 ex officio nonvoting member of the council if the counselor is
7 an employee of the department;
8 5. At least one representative of community
9 rehabilitation program service providers;
10 6. Four representatives of business, industry, and
11 labor;
12 7. At least one representative of a disability
13 advocacy group representing individuals who are blind;
14 8. At least one parent, family member, guardian,
15 advocate, or authorized representative of an individual who is
16 blind, has multiple disabilities, and either has difficulties
17 representing himself or herself or is unable, due to
18 disabilities, to represent himself or herself;
19 9. Current or former applicants for, or recipients of,
20 vocational rehabilitation services; and
21 10. The director of the division, who shall be an ex
22 officio member of the council.
23 (b) Members of the council shall be appointed by the
24 Governor, who shall select members after soliciting
25 recommendations from representatives of organizations
26 representing a broad range of individuals who have
27 disabilities, and organizations interested in those
28 individuals.
29 (c) A majority of council members shall be persons who
30 are:
31 1. Blind; and
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 2. Not employed by the division.
2 (d) The council shall select a chair from among its
3 membership.
4 (e) Each member of the council shall serve for a term
5 of not more than 3 years, except that:
6 1. A member appointed to fill a vacancy occurring
7 prior to the expiration of the term for which a predecessor
8 was appointed shall be appointed for the remainder of such
9 term; and
10 2. The terms of service of the members initially
11 appointed shall be, as specified by the Governor, for such
12 fewer number of years as will provide for the expiration of
13 terms on a staggered basis.
14 (f) No member of the council may serve more than two
15 consecutive full terms.
16 (g) Any vacancy occurring in the membership of the
17 council shall be filled in the same manner as the original
18 appointment. A vacancy does not affect the power of the
19 remaining members to execute the duties of the council.
20 (h) In addition to the other functions specified in
21 this section, the council shall:
22 1. Review, analyze, and advise the division regarding
23 the performance of the responsibilities of the division under
24 Title I of the act, particularly responsibilities relating to:
25 a. Eligibility, including order of selection;
26 b. The extent, scope, and effectiveness of services
27 provided; and
28 c. Functions performed by state agencies that affect
29 or potentially affect the ability of individuals who are blind
30 to achieve rehabilitation goals and objectives under Title I.
31
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 2. Advise the department and the division, and, at the
2 discretion of the department or division, assist in the
3 preparation of applications, the state plan, the strategic
4 plan, and amendments to the plans, reports, needs assessments,
5 and evaluations required by Title I.
6 3. To the extent feasible, conduct a review and
7 analysis of the effectiveness of, and consumer satisfaction
8 with:
9 a. The functions performed by state agencies and other
10 public and private entities responsible for performing
11 functions for individuals who are blind.
12 b. Vocational rehabilitation services:
13 (I) Provided or paid for from funds made available
14 under the act or through other public or private sources.
15 (II) Provided by state agencies and other public and
16 private entities responsible for providing vocational
17 rehabilitation services to individuals who are blind.
18 4. Prepare and submit an annual report on the status
19 of vocational rehabilitation services for the blind in the
20 state to the Governor and the Commissioner of the
21 Rehabilitative Services Administration, established under s.
22 702 of the act, and make the report available to the public.
23 5. Coordinate with other councils within the state,
24 including the Independent Living Council, the advisory panel
25 established under s. 613(a)(12) of the Individuals with
26 Disabilities Education Act, 20 U.S.C. 1413(a)(12), the State
27 Planning Council described in s. 124 of the Developmental
28 Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s.
29 6024, and the state mental health planning council established
30 under s. 1916(e) of the Public Health Service Act, 42 U.S.C.
31 300X-4(e).
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 6. Advise the department and division and provide for
2 coordination and the establishment of working relationships
3 among the department, the division, the Independent Living
4 Council, and centers for independent living in the state.
5 7. Perform such other functions consistent with the
6 purposes of the act as the council determines to be
7 appropriate that are comparable to functions performed by the
8 council.
9 (i)1. The council shall prepare, in conjunction with
10 the division, a plan for the provision of such resources,
11 including such staff and other personnel, as may be necessary
12 to carry out the functions of the council. The resource plan
13 shall, to the maximum extent possible, rely on the use of
14 resources in existence during the period of implementation of
15 the plan.
16 2. If there is a disagreement between the council and
17 the division in regard to the resources necessary to carry out
18 the functions of the council as set forth in this section, the
19 disagreement shall be resolved by the Governor.
20 3. The council shall, consistent with law, supervise
21 and evaluate such staff and other personnel as may be
22 necessary to carry out its functions.
23 4. While assisting the council in carrying out its
24 duties, staff and other personnel shall not be assigned duties
25 by the division or any other state agency or office that would
26 create a conflict of interest.
27 (j) No council member shall cast a vote on any matter
28 that would provide direct financial benefit to the member or
29 otherwise give the appearance of a conflict of interest under
30 state law.
31
22
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 (k) The council shall convene at least four meetings
2 each year. These meetings shall occur in such places as the
3 council deems necessary to conduct council business. The
4 council may conduct such forums or hearings as the council
5 considers appropriate. The meetings, hearings, and forums
6 shall be publicly announced. The meetings shall be open and
7 accessible to the public. The council shall make a report of
8 each meeting which shall include a record of its discussions
9 and recommendations, all of which reports shall be made
10 available to the public.
11 Section 6. Section 413.0115, Florida Statutes, is
12 amended to read:
13 413.0115 State Board of Administration; authorization
14 to invest division's portfolio.--The State Board of
15 Administration may invest and reinvest the portfolio of
16 stocks, bonds, and mutual funds held by the Division of Blind
17 Services in accordance with the trust agreement approved by
18 the commission Division of Blind Services and the State Board
19 of Administration and the provisions of ss. 215.44-215.53. The
20 executive director of the Florida Commission for the Blind
21 Division of Blind Services shall make the portfolio available
22 and shall transfer it to the State Board of Administration for
23 investment.
24 Section 7. Section 413.012, Florida Statutes, is
25 amended to read:
26 413.012 Confidential records disclosure prohibited;
27 exemptions.--
28 (1) All records furnished to the Division of Blind
29 Services in connection with state or local vocational
30 rehabilitation programs and containing information as to
31 personal facts about applicants or clients given or made
23
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 available to the state or local vocational rehabilitation
2 agency or its representatives or employees in the course of
3 the administration of the program, including lists of names
4 and addresses and records of evaluations of clients, are
5 confidential and exempt from the provisions of s. 119.07(1).
6 The division may disclose such exempt and confidential records
7 to the commission when necessary for the commission to perform
8 its duties, but commissioners shall maintain the exempt and
9 confidential status of such records.
10 (2) It is unlawful for any person to disclose,
11 authorize the disclosure, solicit, receive, or make use of any
12 list of names and addresses or any record containing any
13 information set forth in subsection (1) and maintained in the
14 division. The prohibition provided for in this subsection
15 does shall not apply to the use of such information for
16 purposes directly connected with the administration of the
17 vocational rehabilitation program or with the monthly dispatch
18 to the Division of Driver Licenses of the Department of
19 Highway Safety and Motor Vehicles of the name in full, place
20 and date of birth, sex, social security number, and resident
21 address of individuals who have with central visual acuity of
22 20/200 or less in the better eye with correcting glasses, or a
23 disqualifying field defect in which the peripheral field has
24 contracted to such an extent that the widest diameter or
25 visual field subtends an angular distance no greater than 20
26 degrees. When requested in writing by an applicant or client,
27 or her or his representative, the Division of Blind Services
28 shall release confidential information to the applicant or
29 client or her or his representative.
30
31
24
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 (3) Any person who violates a provision of this
2 section is guilty of a misdemeanor of the second degree,
3 punishable as provided in s. 775.082 or s. 775.083.
4 Section 8. Section 413.013, Florida Statutes, is
5 amended to read:
6 413.013 Destruction of records.--The Florida
7 Commission for the Blind Division of Blind Services may
8 authorize the destruction of any division correspondence,
9 documents, or other records when the subject matter involved
10 has been closed or terminated and their preservation is not
11 required by federal or state law, rule, or regulation. No
12 Such material may not shall be destroyed unless the commission
13 has given specific authority to destroy it is given by the
14 division and unless the said records have been in the
15 possession of the commission division 5 or more years prior to
16 their destruction.
17 Section 9. Section 413.014, Florida Statutes, is
18 amended to read:
19 413.014 Community-based rehabilitation programs.--The
20 Division of Blind Services shall enter into cooperative
21 agreements with community-based rehabilitation programs to be
22 the service providers for the blind citizens of their
23 communities. The division shall, as rapidly as feasible,
24 increase the amount of such services provided by
25 community-based rehabilitation programs. The goal shall be to
26 decrease the amount of such services provided by division
27 employees and to increase to the maximum extent allowed by
28 federal law the amount of such services provided through
29 cooperative agreements with community-based service providers.
30 The division shall seek, to the maximum extent allowed by
31 federal and state law and regulation, all available federal
25
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 funds for such purposes. Funds and in-kind matching
2 contributions from community and private sources shall be used
3 to maximize federal funds. Unless prohibited by federal law or
4 regulation, the share of the federal vocational rehabilitation
5 grant apportioned for services to the blind must shall be not
6 less than 17 percent.
7 Section 10. Section 413.041, Florida Statutes, is
8 amended to read:
9 413.041 Eligible blind persons; placement in vending
10 facilities in public places.--For the purpose of assisting
11 blind persons to become self-supporting, the Division of Blind
12 Services is hereby authorized to carry on activities to
13 promote the employment of eligible blind persons, including
14 the licensing and establishment of such persons as operators
15 of vending facilities on public property. The said division
16 may cooperate with any agency of the Federal Government in the
17 furtherance of the provisions of the Act of Congress entitled
18 "An Act to authorize the operation of stands in federal
19 buildings by blind persons, to enlarge the economic
20 opportunities of the blind and for other purposes," Pub. L.
21 No. 732, 74th Congress, and the said division may cooperate in
22 the furtherance of the provisions of any other act of Congress
23 providing for the rehabilitation of the blind which is that
24 may now be in effect or is may hereafter be enacted by
25 Congress.
26 Section 11. Section 413.051, Florida Statutes, is
27 amended to read:
28 413.051 Eligible blind persons; operation of vending
29 stands.--
30 (1) This section may be cited shall be known as the
31 Little Randolph Sheppard Act.
26
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 (2) As used in this section, the term:
2 (a) "Blind licensee" means any blind person trained
3 and licensed by the Division of Blind Services of the
4 Department of Education to operate a vending stand.
5 (b) "Vending stand" means any manually operated
6 cafeteria, snack bar, cart service, shelter, counter, or other
7 manually operated facility for the sale of newspapers,
8 periodicals, confections, tobacco products, foods, beverages,
9 or other such articles or services.
10 (c) "State agency" means any agency of the state.
11 (d) "State property" means any building or land owned,
12 leased, or otherwise controlled by the state, but does not
13 include any building or land under the control of the Board of
14 Regents, a community college district board of trustees, or
15 any state correctional institution as defined in s. 944.02.
16 (e) "Property custodian" or "person in charge" means
17 any employee, agent, or person who is in control of or
18 responsible for the maintenance, operation, and protection of
19 any state property.
20 (3) Blind licensees shall be given the first
21 opportunity to participate in the operation of vending stands
22 on all state properties acquired after July 1, 1979, when such
23 facilities are operated under the supervision of the Division
24 of Blind Services of the Department of Education.
25 (4) The Division of Blind Services shall conduct be
26 responsible for a periodic survey of all state properties and,
27 where feasible, shall establish vending facilities to be
28 operated by blind licensees.
29 (5) All property custodians and duly authorized agents
30 or employees of the state shall cooperate with the division in
31 its survey of state properties and shall make available
27
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 adequate space, electrical wiring, plumbing, and ventilation
2 necessary to the installation of a vending facility on any
3 state property designated as suitable by the division.
4 (6) The division shall be notified by property
5 custodians or persons in charge at least 180 days prior to the
6 initiation of any new construction, expansion, leasing, or
7 acquisition of property occupied or to be occupied by a state
8 agency.
9 (7) A No person or persons may not shall be offered or
10 granted any concession by any property custodian or person in
11 charge to operate a vending stand on any state property
12 acquired after July 1, 1979, unless the division is notified
13 of that proposed concession.
14 (8) Income from new vending machines or replacement of
15 existing machines installed on state property after July 1,
16 1979, shall accrue to the blind licensee who operates a
17 vending facility on the same property or, if none, to the
18 division. The division shall be responsible for the servicing
19 and maintenance of all vending machines.
20 (9) This section does not It is the legislative intent
21 that this section shall not apply or operate, in any way or
22 any manner, to divest any person or organization presently
23 operating a vending stand on state, county, or municipal
24 property from continuing to do so; however, the property
25 custodian or person in charge shall notify the Division of
26 Blind Services at least 180 days prior to the expiration
27 whether the such vending facility location is suitable for
28 operation by a blind licensee.
29 (10) All the preceding provisions are permissive
30 regarding all political subdivisions of the state.
31
28
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 (11) Effective July 1, 1996, blind licensees who
2 remain members of the Florida Retirement System pursuant to s.
3 121.051(6)(b)1. shall pay any unappropriated retirement costs
4 from their net profits or from program income. Within 30 days
5 after the effective date of this act, each blind licensee who
6 is eligible to maintain membership in the Florida Retirement
7 System under s. 121.051(6)(b)1., but who elects to withdraw
8 from the system as provided in s. 121.051(6)(b)3., must, on or
9 before July 31, 1996, notify the Division of Blind Services
10 and the Department of Management Services in writing of his or
11 her election to withdraw. Failure to timely notify the
12 divisions shall be deemed a decision to remain a compulsory
13 member of the Florida Retirement System. However, if, at any
14 time after July 1, 1996, sufficient funds are not paid by a
15 blind licensee to cover the required contribution to the
16 Florida Retirement System, that blind licensee shall become
17 ineligible to participate in the Florida Retirement System on
18 the last day of the first month for which no contribution is
19 made or the amount contributed is insufficient to cover the
20 required contribution. For any blind licensee who becomes
21 ineligible to participate in the Florida Retirement System as
22 described in this subsection, no creditable service shall be
23 earned under the Florida Retirement System for any period
24 following the month that retirement contributions ceased to be
25 reported. However, any such person may participate in the
26 Florida Retirement System in the future if employed by a
27 participating employer in a covered position.
28 (12) The Division of Blind Services may adopt rules
29 upon the approval of the commission to permit the division to
30 establish and maintain vending facilities, issue licenses,
31 establish and maintain a vending facility training program,
29
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 provide vendors access to financial data of the program, set
2 aside funds from net proceeds of the vending facility, provide
3 for the transfer and promotion of vendors, establish a vendors
4 committee, provide for an operation agreement, provide duties
5 and responsibilities of the commission division with respect
6 to the vending facility program, and provide procedures for
7 newspaper vending sales.
8 Section 12. Section 413.091, Florida Statutes, is
9 amended to read:
10 413.091 Identification cards.--
11 (1) The Division of Blind Services of the Department
12 of Education shall is hereby empowered to issue identification
13 cards to persons known to be blind or partially sighted, upon
14 the written request of such individual.
15 (2) The individual shall submit proof of blindness as
16 specified by the division.
17 (3) The division is will be responsible for design and
18 content of the identification card and shall develop and adopt
19 promulgate rules, regulations, and procedures relating to the
20 eligibility and application for, and issuance and control of,
21 these identification cards.
22 Section 13. Section 413.092, Florida Statutes, is
23 amended to read:
24 413.092 Blind Babies Program.--
25 (1) The Blind Babies Program is created within the
26 Division of Blind Services of the Department of Education to
27 provide community-based early-intervention education to
28 children from birth through 5 years of age who are blind or
29 visually impaired, and to their parents, families, and
30 caregivers, through community-based provider organizations.
31 The division shall enlist parents, ophthalmologists,
30
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 pediatricians, schools, Infant and Toddlers Early Intervention
2 Programs, and therapists to help identify and enroll blind and
3 visually impaired children, as well as their parents,
4 families, and caregivers, in these educational programs.
5 (2) The program is not an entitlement but shall
6 promote early development with a special emphasis on vision
7 skills to minimize developmental delays. The education must
8 shall lay the groundwork for future learning by helping a
9 child progress through normal developmental stages. It must
10 shall teach children to discover and make the best use of
11 their skills for future success in school. It must shall seek
12 to ensure that visually impaired and blind children enter
13 school as ready to learn as their sighted classmates. The
14 program shall seek to link these children, and their parents,
15 families, and caregivers, to other available services,
16 training, education, and employment programs that could assist
17 these families in the future. This linkage may include
18 referrals to the school districts and the Infants and Toddlers
19 Early Intervention Program for assessments to identify any
20 additional services that are needed but which are not provided
21 by the Blind Babies Program. The commission division shall
22 develop a formula for eligibility based on financial means and
23 may create a means-based matrix to set a copayment fee for
24 families having sufficient financial means.
25 (3) The commission division shall establish outcomes
26 for this program, which must shall include, but are not
27 limited to, outcomes relating to the children's
28 age-appropriate developmental stages; knowledge of assistive
29 technology; proficiency at daily living; ability to
30 participate in pre-school and school; participation in their
31 communities; and ability to be literate. The commission
31
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 division shall develop criteria to be used in identifying and
2 contracting with community-based provider organizations. All
3 services offered through the Blind Babies Program shall be
4 provided by community-based provider organizations. The
5 division shall require any community-based provider
6 organization delivering services under this program to develop
7 performance measures related to those services and report to
8 the division on the progress in achieving those measures.
9 Section 14. Section 413.093, Florida Statutes, is
10 created to read:
11 413.093 Budget procedures.--
12 (1) The executive director of the Florida Commission
13 for the Blind shall recommend to the commission a budget of
14 income and expenditures at such time and in such form as the
15 commission prescribes. The commission shall adopt procedures
16 for the approval of budget amendments.
17 (2) In preparing the division's legislative budget
18 request, the Florida Commission for the Blind shall use the
19 same format, procedures, and timelines that are required for
20 preparing and submitting the legislative budget of the
21 Department of Education. The Commissioner of Education shall
22 include without modification the division's budget request in
23 the department's legislative budget request to the State Board
24 of Education. The State Board of Education shall include the
25 division's budget request without modification in the State
26 Board of Education's budget request to the Governor, and the
27 Legislature. The legislative budget request and the
28 appropriation for the Florida Commission for the Blind must
29 constitute a separate identifiable sum in the Department of
30 Education budget. The annual appropriation for the commission
31 must be distributed monthly in payments that are as nearly
32
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 equal as possible. Appropriations for client services,
2 instructional technology, and motor vehicles may be released
3 and distributed as necessary to serve the instructional
4 program for the clients.
5 (3) Fixed capital outlay needs of the commission must
6 continue to be requested in the public education capital
7 outlay legislative budget request of the Department of
8 Education.
9 Section 15. Section 413.094, Florida Statutes, is
10 created to read:
11 413.094 Management flexibility.--
12 (1) Notwithstanding ss. 216.031, 216.181, and 216.262
13 to the contrary and pursuant to s. 216.351, but subject to any
14 guidelines imposed in the General Appropriations Act, funds
15 for the operation of the Division of Blind Services must be
16 requested and appropriated within budget entities, program
17 components, program categories, lump sums, or special
18 categories. Funds appropriated to the division for each
19 program category, lump sum, or special category may be
20 transferred to traditional categories for expenditure by the
21 division. The commission shall develop an annual operating
22 budget for the division that allocates funds by program
23 component and traditional expenditure category.
24 (2) Notwithstanding s. 216.181 and pursuant to s.
25 216.351, but subject to any requirements imposed in the
26 General Appropriations Act, a lump-sum plan is not a
27 prerequisite to implementing the special categories, program
28 categories, or lump-sum appropriations. Upon release of the
29 special categories, program categories, or lump-sum
30 appropriations to the commission, the Chief Financial Officer,
31 upon the request of the commission, shall transfer or
33
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 reallocate funds to or among accounts established for
2 disbursement purposes. The commission shall maintain records
3 to account for the original appropriation to the division.
4 (3) Notwithstanding ss. 216.031, 216.181, 216.251, and
5 216.262 to the contrary and pursuant to s. 216.351, but
6 subject to any requirements imposed in the General
7 Appropriations Act, the executive director shall establish the
8 authorized positions and may amend such positions, within the
9 total funds authorized annually in the appropriations act.
10 Section 16. Section 413.095, Florida Statutes, is
11 created to read:
12 413.095 Retention of title to and disposal of property
13 and equipment.--
14 (1) The Division of Blind Services retains title to
15 any real or personal property, such as tools, instruments,
16 training supplies, equipment, motor vehicles, real property,
17 or other items of value acquired for use by people who have
18 visual impairments or personnel employed in operating programs
19 of the division, and may repossess and transfer such property
20 for use by other people who have visual impairments or
21 personnel employed in the operation of the division.
22 (2) The Division of Blind Services, upon approval of
23 the commission, may offer for sale any surplus items acquired
24 in the operation of the program when they are no longer
25 necessary or may exchange them for necessary items that can be
26 used to greater advantage. When any such surplus equipment is
27 sold or exchanged, a receipt for the sale or exchange which
28 shows the consideration given for the equipment must be taken
29 from the purchaser, and the consideration must be forwarded to
30 the division to be included in the division's portfolio of
31 investments pursuant to s. 413.115. Any funds that the
34
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 division receives pursuant to any such transaction must be
2 deposited in the Grants and Donations Trust Fund, are exempt
3 from the State Treasury pursuant to s. 215.311, and are
4 available for expenditure for any purposes consistent with ss.
5 413.011-413.092.
6 (3) The Florida Commission for the Blind has the
7 exclusive right to develop rules relating to records and
8 recordkeeping for property owned by the commission which is
9 referred to in subsections (1) and (2).
10 Section 17. Blind services direct-support
11 organization.--
12 (1) As used in this section, the term "direct-support
13 organization" means a not-for-profit corporation incorporated
14 under chapter 617, Florida Statutes, and organized and
15 operated to conduct programs and activities; initiate
16 developmental projects; raise funds; request and receive
17 grants, gifts, and bequests of moneys; acquire, receive, hold,
18 invest, and administer, in its own name, securities, funds,
19 objects of value, or other property, real or personal; and
20 make expenditures to or for the direct or indirect benefit of
21 the state and for blind persons in this state.
22 (2)(a) The Florida Commission for the Blind is
23 authorized to organize and incorporate a direct-support
24 organization pursuant to the requirements of this section and
25 chapter 617, Florida Statutes, to accomplish the purposes and
26 objectives set forth in this section.
27 (b) The first board of seven members of the
28 direct-support organization shall be appointed by the
29 Governor. Two members shall serve 2-year terms, three members
30 shall serve 3-year terms, and two members shall serve 4-year
31
35
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 terms. Thereafter, the board shall be self-appointing
2 according to its bylaws.
3 (c) The chairman of the commission shall serve as an
4 ex officio member of the board of the direct-support
5 organization.
6 (d) The direct-support organization is subject to the
7 requirements of Section 24 of Article I of the State
8 Constitution, chapter 119, Florida Statutes, and section
9 286.011, Florida Statutes.
10 (e) Upon the dissolution of the corporation, all
11 properties of the corporation revert to the commission.
12 (f) The direct-support organization shall maintain
13 donations and direct service expenditures in a bank account
14 outside of the State Treasury.
15 (g) Any administrative costs of running and promoting
16 the purposes of the corporation must be paid by private funds.
17 (3) The purposes and objectives of the direct-support
18 organization must be consistent with the priority issues and
19 objectives of the Department of Education and must be in the
20 best interests of the state, though the Division of Blind
21 Services may permit, without charge, the appropriate use of
22 property and facilities of the state by the direct-support
23 organization subject to this section. Such use must be
24 directly in keeping with the approved purposes of the
25 direct-support organization.
26 (4) Funds designated for the direct-support
27 organization must be used for the enhancement of programs and
28 projects of the Division of Blind Services. All moneys
29 received by the direct-support organization must be deposited
30 into an account of the direct-support organization and must be
31
36
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2244
302-2284-03
1 used by the organization in a manner consistent with the
2 purposes and goals of the direct-support organization.
3 (5) The direct-support organization shall comply with
4 the audit requirements of section 215.981, Florida Statutes.
5 (6) The executive director of the Division of Blind
6 Services may designate employees of the division to solicit
7 donations from public or private sources to fund the
8 authorized purposes of the direct-support organization.
9 Section 18. Sections 413.061, 413.062, 413.063,
10 413.064, 413.065, 413.066, 413.067, 413.068, and 413.069,
11 Florida Statutes, are repealed.
12 Section 19. Reorganization of the division under this
13 act does not modify the status of division employees under
14 chapters 110, 112, and 121, Florida Statutes.
15 Section 20. This act shall take effect upon becoming a
16 law, except that sections 2 through 19 of this act shall take
17 effect July 1, 2003.
18
19 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
20 SB 2244
21
22 Substitutes a "council" for a "commission."
23 Reduces the number of council members.
24 Requires the council to conduct a review and to report back to
the Legislature with recommendations for licensing
25 interpreters.
26 Creates the Florida Commission for the Blind.
27 Makes the commission the head of the Division of Blind
Services, which division is made independent of the Department
28 of Education.
29 Authorizes the commission to employ an executive director to
perform administrative and managerial duties.
30
Clarifies that the career service and retirement status of
31 division employees are not modified by the change in division
structure.
37
CODING: Words stricken are deletions; words underlined are additions.