1 | A bill to be entitled |
2 | An act relating to blind services; amending s. 413.011, |
3 | F.S.; providing legislative policy and intent; providing |
4 | duties of the Division of Blind Services; requiring the |
5 | division to develop and implement a state plan for |
6 | vocational rehabilitation services; requiring the division |
7 | to develop and implement a state plan for independent |
8 | living services; providing for the division to purchase |
9 | and distribute specialized equipment without using state |
10 | centralized purchasing procedures; exempting such |
11 | equipment from certain record and inventory requirements; |
12 | creating a children's program; requiring background |
13 | investigations of division personnel; redesignating the |
14 | Advisory Council for the Blind as the Rehabilitation |
15 | Council for the Blind; amending ss. 413.014, 413.041, |
16 | 413.051, and 413.091, F.S.; providing a popular name; |
17 | modernizing terminology; requiring the division to conduct |
18 | a periodic survey of state properties; creating s. |
19 | 413.095, F.S.; providing for the division to retain title |
20 | to certain real and personal property intended for use by |
21 | people who have visual impairments and certain personnel; |
22 | allowing the division to repossess, transfer, and dispose |
23 | of such property; providing for rulemaking by the |
24 | division; authorizing the division to create a blind |
25 | services direct-support organization; providing purposes |
26 | and objectives; providing for members of the board of the |
27 | direct-support organization; providing that the |
28 | organization is subject to s. 24, Art. I of the State |
29 | Constitution, ch. 119, F.S., and s. 286.011, F.S.; |
30 | requiring expenses of the organization to be paid by |
31 | private funds; providing guidelines for the use of the |
32 | funds; repealing s. 413.061, F.S., relating to |
33 | solicitation of funds; repealing s. 413.062, F.S., |
34 | relating to application for permit; repealing s. 413.063, |
35 | F.S., relating to a permit issued by the division; |
36 | repealing s. 413.064, F.S., relating to certain rules of |
37 | the Department of Education; repealing s. 413.065, F.S., |
38 | relating to posting of certain notice of approval; |
39 | repealing s. 413.066, F.S., relating to revocation of |
40 | permit; repealing s. 413.067, F.S., relating to penalties |
41 | for certain violations; repealing s. 413.068, F.S., |
42 | relating to legislative intent; repealing s. 413.069, |
43 | F.S., relating to exemptions for certain entities; |
44 | providing an effective date. |
45 |
|
46 | Be It Enacted by the Legislature of the State of Florida: |
47 |
|
48 | Section 1. Section 413.011, Florida Statutes, is amended |
49 | to read: |
50 | 413.011 Division of Blind Services, legislative policy and |
51 | intent; internal organizational structure and powers; |
52 | Rehabilitation Advisory Council for the Blind.-- |
53 | (1) It is the policy of the Legislature that all programs, |
54 | projects, and activities of the division are to be carried out |
55 | in a manner consistent with the following principles: |
56 | (a) Respect for individual dignity, personal |
57 | responsibility, self-determination to live independently, and |
58 | pursuit of meaningful careers, based on informed choice. |
59 | (b) Support for the involvement of an individual's |
60 | representative if an individual requests, desires, or needs such |
61 | support. |
62 | (c) Respect for the individual's privacy and equal access |
63 | to services, including the use of information in accessible |
64 | formats. |
65 | (d) Integration and full participation in society, on |
66 | equal terms with others, by individuals who are blind. |
67 | (2) It is the intent of the Legislature to establish a |
68 | coordinated program of services which will be available to |
69 | individuals throughout this state who are blind. The program |
70 | must be designed to maximize employment opportunities for such |
71 | individuals and to increase their independence and self- |
72 | sufficiency. |
73 | (3)(1) The internal organizational structure of the |
74 | Division of Blind Services shall be designed for the purpose of |
75 | ensuring the greatest possible efficiency and effectiveness of |
76 | services to the blind and to be consistent with chapter 20. The |
77 | Division of Blind Services shall plan, supervise, and carry out |
78 | the following activities: |
79 | (a) Recommend personnel as may be necessary to carry out |
80 | the purposes of this section. |
81 | (b) Develop and implement a state plan for vocational |
82 | rehabilitation services for individuals who are blind, pursuant |
83 | to Section 101 of the Rehabilitation Act of 1973, as amended. |
84 | (c) In conjunction with the Florida Independent Living |
85 | Council, develop and implement a 3-year state plan for |
86 | independent living services and provide independent living |
87 | services for blind and visually impaired individuals, including |
88 | services for older individuals who are blind, pursuant to Title |
89 | VII, ch. 2 of the Rehabilitation Act of 1973, as amended. |
90 | (d) Provide services that contribute to the maintenance of |
91 | or the increased independence of older individuals who are |
92 | blind. |
93 | (e) Establish, equip, and maintain an orientation and |
94 | adjustment center or centers to provide independent living |
95 | skills training and other training such as, but not limited to, |
96 | instruction in Braille; use of the long white cane for |
97 | independent travel; homemaking and home-management skills; and |
98 | communication skills, including the use of computer technology, |
99 | to prepare individuals who are blind or visually impaired for |
100 | eventual vocational training, job placement, and independence. |
101 | (f) Establish and implement a small business enterprises |
102 | program and serve as the state licensing agency for individuals |
103 | who are blind, pursuant to the federal Randolph-Sheppard Act. |
104 | (g) Purchase and distribute specialized equipment, |
105 | devices, and technology, including low-vision aids, obtained |
106 | directly from specialty vendors without using state centralized |
107 | purchasing procedures. |
108 | (h) In cooperation with the Library of Congress, provide |
109 | library services to persons who are blind and persons who have |
110 | other print-related disabilities. |
111 | (i) In cooperation with other appropriate agencies, |
112 | provide to employers, the state education agency, and local |
113 | education agencies technical assistance in the provision of |
114 | auxiliary aids and services to people who are blind, students, |
115 | and their parents in complying with the Americans with |
116 | Disabilities Act and the Individuals with Disabilities Education |
117 | Act, as amended. |
118 | (j) Provide technical assistance to agencies within the |
119 | state in order to ensure that information technology purchased |
120 | or used by such agencies is accessible to and usable by |
121 | individuals who are blind, at the time the technology is |
122 | purchased or used. |
123 | (k) Participate, through the designation of the director |
124 | or an appropriate staff member of the division, on boards, |
125 | commissions, or bodies in this state for the purpose of |
126 | coordinating and planning services. |
127 | (l) Adopt rules for administering the programs of the |
128 | division. |
129 | (m) Apply for and receive moneys from any state or federal |
130 | agency to support the programs of the division. |
131 | (n) Develop and administer any other program that will |
132 | further the provision of services to people who are blind and |
133 | that the division determines falls within its scope of |
134 | responsibility. |
135 | (b) Cause to be compiled and maintained a complete |
136 | register of the blind in the state, which shall describe the |
137 | condition, cause of blindness, and capacity for education and |
138 | industrial training, with such other facts as may seem to the |
139 | division to be of value. Any information in the register of the |
140 | blind which, when released, could identify an individual is |
141 | confidential and exempt from the provisions of s.119.07(1). |
142 | (o)(c) Inquire into the cause of blindness, inaugurate |
143 | preventive measures, and provide for the examination and |
144 | treatment of the blind, or those threatened with blindness, for |
145 | the benefit of such persons, and shall pay therefor, including |
146 | necessary incidental expenses. |
147 | (p)(d) Aid the blind in finding employment, teach them |
148 | trades and occupations within their capacities, assist them in |
149 | disposing of products made by them in home industries, assist |
150 | them in obtaining funds for establishing enterprises where |
151 | federal funds reimburse the state, and do such things as will |
152 | contribute to the efficiency of self-support of the blind. |
153 | (q)(e) Establish one or more training schools and |
154 | workshops for the employment of suitable blind persons; make |
155 | expenditures of funds for such purposes; receive moneys from |
156 | sales of commodities involved in such activities and from such |
157 | funds make payments of wages, repairs, insurance premiums and |
158 | replacements of equipment. All of the activities provided for in |
159 | this section may be carried on in cooperation with private |
160 | workshops for the blind, except that all tools and equipment |
161 | furnished by the division shall remain the property of the |
162 | state. |
163 | (r)(f) Provide special services and benefits for the blind |
164 | for developing their social life through community activities |
165 | and recreational facilities. |
166 | (s)(g) Undertake such other activities as may ameliorate |
167 | the condition of blind citizens of this state. |
168 | (t)(h) Cooperate with other agencies, public or private, |
169 | especially the Division of the Blind and Physically Handicapped |
170 | of the Library of Congress and the Division of Library and |
171 | Information Services of the Department of State, to provide |
172 | library service to the blind and other handicapped persons as |
173 | defined in federal law and regulations in carrying out any or |
174 | all of the provisions of this law. |
175 | (u)(i) Recommend contracts and agreements with federal, |
176 | state, county, municipal and private corporations, and |
177 | individuals. |
178 | (v)(j) Receive moneys or properties by gift or bequest |
179 | from any person, firm, corporation, or organization for any of |
180 | the purposes herein set out, but without authority to bind the |
181 | state to any expenditure or policy except such as may be |
182 | specifically authorized by law. All such moneys or properties so |
183 | received by gift or bequest as herein authorized may be |
184 | disbursed and expended by the division upon its own warrant for |
185 | any of the purposes herein set forth, and such moneys or |
186 | properties shall not constitute or be considered a part of any |
187 | legislative appropriation made by the state for the purpose of |
188 | carrying out the provisions of this law. |
189 | (w)(k) Prepare and make available to the blind, in braille |
190 | and on electronic recording equipment, Florida Statutes chapters |
191 | 20, 120, 121, and 413, in their entirety. |
192 | (x)(l) Adopt by rule: |
193 | 1. Procedures for providing vocational rehabilitation |
194 | services for the blind; and. |
195 | 2.(m) Adopt by rule forms and Instructions to be used by |
196 | the division in its general administration. |
197 | (4)(2) As used in this section, the term: |
198 | (a) "Act," unless the context indicates otherwise, means |
199 | the Rehabilitation Act of 1973, 29 U.S.C.ss.701-797. |
200 | (b) "Blind" or "blindness" means the condition of any |
201 | person for whom blindness is a disability as defined by the |
202 | Rehabilitation Act of 1973, 29 U.S.C. s. 706(8)(b). |
203 | (c) "Department" means the Department of Education. |
204 | (5)(a) There is created within the Division of Blind |
205 | Services a children's program to serve children who are blind |
206 | from 5 years of age through transition to the Vocational |
207 | Rehabilitation Program. This program must supplement services |
208 | already offered by the school system to foster the child's |
209 | learning and ability to function independently. The child's |
210 | parents, guardian, and family members should be an integral part |
211 | of the program in order to foster independence. |
212 | (b) The division shall provide vocational rehabilitation |
213 | services to individuals in this state who are blind, pursuant to |
214 | the Rehabilitation Act of 1973, as amended. |
215 | (c) The division shall provide independent living services |
216 | to individuals in this state who are blind, including older |
217 | individuals, pursuant to the Rehabilitation Act of 1973, as |
218 | amended. |
219 | (6) Property that is purchased by a state agency for the |
220 | purpose of making accommodations for individuals who are blind |
221 | is not subject to the record and inventory requirements set |
222 | forth in s. 273.02. A state agency may use funds from all |
223 | possible sources to make accommodations for individuals who are |
224 | blind. |
225 | (7) The division shall require all employees and |
226 | applicants for employment to undergo personnel screening and |
227 | security background investigations as provided in chapter 435, |
228 | using the level two standards for screening set forth in said |
229 | chapter, as a condition of employment and continued employment. |
230 | (8)(3) There is hereby created in the department the |
231 | Rehabilitation Advisory Council for the Blind, which is an |
232 | advisory council as defined in s. 20.03, to assist the division |
233 | in the planning and development of statewide rehabilitation |
234 | programs and services, to recommend improvements to such |
235 | programs and services, and to perform the functions provided in |
236 | this section. |
237 | (a) The advisory council shall be composed of: |
238 | 1. At least one representative of the Independent Living |
239 | Council, which representative may be the chair or other designee |
240 | of the council; |
241 | 2. At least one representative of a parent training and |
242 | information center established pursuant to s.631(c)(9) of the |
243 | Individuals with Disabilities Act, 20 U.S.C.s.1431(c)(9); |
244 | 3. At least one representative of the client assistance |
245 | program established under the act; |
246 | 4. At least one vocational rehabilitation counselor who |
247 | has knowledge of and experience in vocational rehabilitation |
248 | services for the blind, who shall serve as an ex officio |
249 | nonvoting member of the council if the counselor is an employee |
250 | of the department; |
251 | 5. At least one representative of community rehabilitation |
252 | program service providers; |
253 | 6. Four representatives of business, industry, and labor; |
254 | 7. At least one representative of a disability advocacy |
255 | group representing individuals who are blind; |
256 | 8. At least one parent, family member, guardian, advocate, |
257 | or authorized representative of an individual who is blind, has |
258 | multiple disabilities, and either has difficulties representing |
259 | himself or herself or is unable, due to disabilities, to |
260 | represent himself or herself; |
261 | 9. Current or former applicants for, or recipients of, |
262 | vocational rehabilitation services; and |
263 | 10. The director of the division, who shall be an ex |
264 | officio member of the council. |
265 | (b) Members of the council shall be appointed by the |
266 | Governor, who shall select members after soliciting |
267 | recommendations from representatives of organizations |
268 | representing a broad range of individuals who have disabilities, |
269 | and organizations interested in those individuals. |
270 | (c) A majority of council members shall be persons who |
271 | are: |
272 | 1. Blind; and |
273 | 2. Not employed by the division. |
274 | (d) The council shall select a chair from among its |
275 | membership. |
276 | (e) Each member of the council shall serve for a term of |
277 | not more than 3 years, except that: |
278 | 1. A member appointed to fill a vacancy occurring prior to |
279 | the expiration of the term for which a predecessor was appointed |
280 | shall be appointed for the remainder of such term; and |
281 | 2. The terms of service of the members initially appointed |
282 | shall be, as specified by the Governor, for such fewer number of |
283 | years as will provide for the expiration of terms on a staggered |
284 | basis. |
285 | (f) A No member of the council may not serve more than two |
286 | consecutive full terms. |
287 | (g) Any vacancy occurring in the membership of the council |
288 | shall be filled in the same manner as the original appointment. |
289 | A vacancy does not affect the power of the remaining members to |
290 | execute the duties of the council. |
291 | (h) In addition to the other functions specified in this |
292 | section, the council shall: |
293 | 1. Review, analyze, and advise the division regarding the |
294 | performance of the responsibilities of the division under Title |
295 | I of the act, particularly responsibilities relating to: |
296 | a. Eligibility, including order of selection; |
297 | b. The extent, scope, and effectiveness of services |
298 | provided; and |
299 | c. Functions performed by state agencies that affect or |
300 | potentially affect the ability of individuals who are blind to |
301 | achieve rehabilitation goals and objectives under Title I. |
302 | 2. Advise the department and the division, and, at the |
303 | discretion of the department or division, assist in the |
304 | preparation of applications, the state plan, the strategic plan, |
305 | and amendments to the plans, reports, needs assessments, and |
306 | evaluations required by Title I. |
307 | 3. To the extent feasible, conduct a review and analysis |
308 | of the effectiveness of, and consumer satisfaction with: |
309 | a. The functions performed by state agencies and other |
310 | public and private entities responsible for performing functions |
311 | for individuals who are blind. |
312 | b. Vocational rehabilitation services: |
313 | (I) Provided or paid for from funds made available under |
314 | the act or through other public or private sources. |
315 | (II) Provided by state agencies and other public and |
316 | private entities responsible for providing vocational |
317 | rehabilitation services to individuals who are blind. |
318 | 4. Prepare and submit an annual report on the status of |
319 | vocational rehabilitation services for the blind in the state to |
320 | the Governor and the Commissioner of the Rehabilitative Services |
321 | Administration, established under s.702 of the act, and make the |
322 | report available to the public. |
323 | 5. Coordinate with other councils within the state, |
324 | including the Independent Living Council, the advisory panel |
325 | established under s.613(a)(12) of the Individuals with |
326 | Disabilities Education Act, 20 U.S.C.1413(a)(12), the State |
327 | Planning Council described in s.124 of the Developmental |
328 | Disabilities Assistance and Bill of Rights Act, 42 U.S.C.s.6024, |
329 | and the state mental health planning council established under |
330 | s.1916(e) of the Public Health Service Act, 42 U.S.C.300X-4(e). |
331 | 6. Advise the department and division and provide for |
332 | coordination and the establishment of working relationships |
333 | among the department, the division, the Independent Living |
334 | Council, and centers for independent living in the state. |
335 | 7. Perform such other functions consistent with the |
336 | purposes of the act as the council determines to be appropriate |
337 | that are comparable to functions performed by the council. |
338 | (i)1. The council shall prepare, in conjunction with the |
339 | division, a plan for the provision of such resources, including |
340 | such staff and other personnel, as may be necessary to carry out |
341 | the functions of the council. The resource plan shall, to the |
342 | maximum extent possible, rely on the use of resources in |
343 | existence during the period of implementation of the plan. |
344 | 2. If there is a disagreement between the council and the |
345 | division in regard to the resources necessary to carry out the |
346 | functions of the council as set forth in this section, the |
347 | disagreement shall be resolved by the Governor. |
348 | 3. The council shall, consistent with law, supervise and |
349 | evaluate such staff and other personnel as may be necessary to |
350 | carry out its functions. |
351 | 4. While assisting the council in carrying out its duties, |
352 | staff and other personnel shall not be assigned duties by the |
353 | division or any other state agency or office that would create a |
354 | conflict of interest. |
355 | (j) A No council member may not shall cast a vote on any |
356 | matter that would provide direct financial benefit to the member |
357 | or otherwise give the appearance of a conflict of interest under |
358 | state law. |
359 | (k) The council shall convene at least four meetings each |
360 | year. These meetings shall occur in such places as the council |
361 | deems necessary to conduct council business. The council may |
362 | conduct such forums or hearings as the council considers |
363 | appropriate. The meetings, hearings, and forums shall be |
364 | publicly announced. The meetings shall be open and accessible to |
365 | the public. The council shall make a report of each meeting |
366 | which shall include a record of its discussions and |
367 | recommendations, all of which reports shall be made available to |
368 | the public. |
369 | Section 2. Section 413.014, Florida Statutes, is amended |
370 | to read: |
371 | 413.014 Community-based rehabilitation programs.--The |
372 | Division of Blind Services shall enter into cooperative |
373 | agreements with community-based rehabilitation programs as |
374 | defined by the Rehabilitation Act of 1973, as amended, to be the |
375 | service providers for the blind citizens of their communities. |
376 | The division shall, as rapidly as feasible, increase the amount |
377 | of such services provided by community-based rehabilitation |
378 | programs. The goal shall be to decrease the amount of such |
379 | services provided by division employees and to increase to the |
380 | maximum extent allowed by federal law the amount of such |
381 | services provided through cooperative agreements with community- |
382 | based service providers. The division shall seek, to the maximum |
383 | extent allowed by federal and state law and regulation, all |
384 | available federal funds for such purposes. Funds and in-kind |
385 | matching contributions from community and private sources shall |
386 | be used to maximize federal funds. Unless prohibited by federal |
387 | law or regulation, the share of the federal vocational |
388 | rehabilitation grant apportioned for services to the blind must |
389 | shall be not less than 17 percent. |
390 | Section 3. Section 413.041, Florida Statutes, is amended |
391 | to read: |
392 | 413.041 Eligible blind persons; placement in vending |
393 | facilities in public places.--For the purpose of assisting blind |
394 | persons to become self-supporting, the Division of Blind |
395 | Services is hereby authorized to carry on activities to promote |
396 | the employment of eligible blind persons, including the |
397 | licensing and establishment of such persons as operators of |
398 | vending facilities on public property. The said division may |
399 | cooperate with any agency of the Federal Government in the |
400 | furtherance of the provisions of the Act of Congress entitled |
401 | "An Act to authorize the operation of stands in federal |
402 | buildings by blind persons, to enlarge the economic |
403 | opportunities of the blind and for other purposes," |
404 | Pub.L.No.732, 74th Congress, and the said division may cooperate |
405 | in the furtherance of the provisions of any other act of |
406 | Congress providing for the rehabilitation of the blind which is |
407 | that may now be in effect or is may hereafter be enacted by |
408 | Congress. |
409 | Section 4. Subsections (1), (2), (4), (7), and (9) of |
410 | section 413.051, Florida Statutes, are amended to read: |
411 | 413.051 Eligible blind persons; operation of vending |
412 | stands. |
413 | (1) This section may be cited by the popular name shall be |
414 | known as the Little Randolph Sheppard Act. |
415 | (2) As used in this section, the term: |
416 | (a) "Blind licensee" means any blind person trained and |
417 | licensed by the Division of Blind Services of the Department of |
418 | Education to operate a vending stand. |
419 | (b) "Vending stand" means any manually operated cafeteria, |
420 | snack bar, cart service, shelter, counter, or other manually |
421 | operated facility for the sale of newspapers, periodicals, |
422 | confections, tobacco products, foods, beverages, or other such |
423 | articles or services. |
424 | (c) "State agency" means any agency of the state. |
425 | (d) "State property" means any building or land owned, |
426 | leased, or otherwise controlled by the state, but does not |
427 | include any building or land under the control of the Board of |
428 | Regents, a community college district board of trustees, or any |
429 | state correctional institution as defined in s.944.02. |
430 | (e) "Property custodian" or "person in charge" means any |
431 | employee, agent, or person who is in control of or responsible |
432 | for the maintenance, operation, and protection of any state |
433 | property. |
434 | (4) The Division of Blind Services shall conduct be |
435 | responsible for a periodic survey of all state properties and, |
436 | where feasible, shall establish vending facilities to be |
437 | operated by blind licensees. |
438 | (7) A No person or persons may not shall be offered or |
439 | granted any concession by any property custodian or person in |
440 | charge to operate a vending stand on any state property acquired |
441 | after July 1, 1979, unless the division is notified of that |
442 | proposed concession. |
443 | (9) This section does not It is the legislative intent |
444 | that this section shall not apply or operate, in any way or any |
445 | manner, to divest any person or organization presently operating |
446 | a vending stand on state, county, or municipal property from |
447 | continuing to do so; however, the property custodian or person |
448 | in charge shall notify the Division of Blind Services at least |
449 | 180 days prior to the expiration whether the such vending |
450 | facility location is suitable for operation by a blind licensee. |
451 | Section 5. Section 413.091, Florida Statutes, is amended |
452 | to read: |
453 | 413.091 Identification cards.-- |
454 | (1) The Division of Blind Services of the Department of |
455 | Education shall is hereby empowered to issue identification |
456 | cards to persons known to be blind or partially sighted, upon |
457 | the written request of such individual. |
458 | (2) The individual shall submit proof of blindness as |
459 | specified by the division. |
460 | (3) The division is will be responsible for design and |
461 | content of the identification card and shall develop and adopt |
462 | promulgate rules, regulations, and procedures relating to the |
463 | eligibility and application for, and issuance and control of, |
464 | these identification cards. |
465 | Section 6. Section 413.095, Florida Statutes, is created |
466 | to read: |
467 | 413.095 Retention of title to and disposal of property and |
468 | equipment.-- |
469 | (1) The Division of Blind Services retains title to any |
470 | real or personal property, such as tools, instruments, training |
471 | supplies, equipment, motor vehicles, real property, or other |
472 | items of value acquired for use by people who have visual |
473 | impairments or personnel employed in operating programs of the |
474 | division and may repossess and transfer such property for use by |
475 | other people who have visual impairments or personnel employed |
476 | in the operation of the division. |
477 | (2) The Division of Blind Services may offer for sale any |
478 | surplus items acquired in the operation of the program when they |
479 | are no longer necessary or may exchange them for necessary items |
480 | that can be used to greater advantage. When any such surplus |
481 | equipment is sold or exchanged, a receipt for the sale or |
482 | exchange which shows the consideration given for the equipment |
483 | must be taken from the purchaser, and the consideration must be |
484 | forwarded to the division to be included in the division's |
485 | portfolio of investments pursuant to s.413.0115.Such funds are |
486 | exempt from the State Treasury pursuant to s.215.311, and are |
487 | available for expenditure for any purposes consistent with |
488 | ss.413.011-413.092. |
489 | (3) The division has the exclusive right to develop rules |
490 | relating to records and recordkeeping for property owned by the |
491 | division which is referred to in subsections (1) and (2). |
492 | Section 7. Blind services direct-support organization.-- |
493 | (1) As used in this section, the term "direct-support |
494 | organization" means a not-for-profit corporation incorporated |
495 | under ch. 617 and organized and operated to conduct programs and |
496 | activities; initiate developmental projects; raise funds; |
497 | request and receive grants, gifts, and bequests of moneys; |
498 | acquire, receive, hold, invest, and administer, in its own name, |
499 | securities, funds, objects of value, or other property, real or |
500 | personal; and make expenditures to or for the direct or indirect |
501 | benefit of the state and for blind persons in this state. |
502 | (2)(a) The Division of Blind Services is authorized to |
503 | organize and incorporate a direct-support organization pursuant |
504 | to the requirements of this section and chapter 617, Florida |
505 | Statutes, to accomplish the purposes and objectives set forth in |
506 | this section. |
507 | (b) The first board of seven members of the direct-support |
508 | organization shall be appointed by the Governor. Two members |
509 | shall be appointed to serve 2-year terms, three members shall be |
510 | appointed to serve 3-year terms, and two members shall be |
511 | appointed to serve 4-year terms. Thereafter, the board shall be |
512 | self-appointed according to the established bylaws. |
513 | (c) The director of the division or his or her designee |
514 | shall serve as an ex officio member of the board of the direct- |
515 | support organization. |
516 | (d) The direct-support organization is subject to the |
517 | requirements of s. 24, Art. I of the State Constitution, chapter |
518 | 119, Florida Statutes, and s. 286.011, Florida Statutes. |
519 | (e) Upon the dissolution of the corporation, all |
520 | properties of the corporation revert to the division. |
521 | (f) The direct-support organization shall maintain |
522 | donations and direct service expenditures in a bank account |
523 | outside of the State Treasury. |
524 | (g) Any administrative costs of running and promoting the |
525 | purposes of the corporation must be paid by private funds. |
526 | (3) The purposes and objectives of the direct-support |
527 | organization must be consistent with the priority issues and |
528 | objectives of the Department of Education and must be in the |
529 | best interests of the state, though the Division of Blind |
530 | Services may permit, without charge, the appropriate use of |
531 | property and facilities of the state by the direct-support |
532 | organization subject to this section. Such use must be directly |
533 | in keeping with the approved purposes of the direct-support |
534 | organization. |
535 | (4) Funds designated for the direct-support organization |
536 | must be used for the enhancement of programs and projects of the |
537 | Division of Blind Services. All moneys received by the direct- |
538 | support organization must be deposited into an account of the |
539 | direct-support organization and must be used by the organization |
540 | in a manner consistent with the purposes and goals of the |
541 | direct-support organization. |
542 | (5) The direct-support organization shall comply with the |
543 | audit requirements of s. 215.981, Florida Statutes. |
544 | (6) The director of the Division of Blind Services may |
545 | designate employees of the division to solicit donations from |
546 | public or private sources to fund the authorized purposes of the |
547 | direct-support organization. |
548 | Section 8. Sections 413.061, 413.062, 413.063, 413.064, |
549 | 413.065, 413.066, 416.067, 413.068, and 413.069, Florida |
550 | Statutes, are repealed. |
551 | Section 9. This act shall take effect July 1, 2004. |