HB 1225

1
A bill to be entitled
2An act relating to blind services; amending s. 413.011,
3F.S.; providing legislative policy and intent; providing
4duties of the Division of Blind Services; requiring the
5division to develop and implement a state plan for
6vocational rehabilitation services; requiring the division
7to develop and implement a state plan for independent
8living services; providing for the division to purchase
9and distribute specialized equipment without using state
10centralized purchasing procedures; exempting such
11equipment from certain record and inventory requirements;
12creating a children's program; requiring background
13investigations of division personnel; redesignating the
14Advisory Council for the Blind as the Rehabilitation
15Council for the Blind; amending ss. 413.014, 413.041,
16413.051, and 413.091, F.S.; providing a popular name;
17modernizing terminology; requiring the division to conduct
18a periodic survey of state properties; creating s.
19413.095, F.S.; providing for the division to retain title
20to certain real and personal property intended for use by
21people who have visual impairments and certain personnel;
22allowing the division to repossess, transfer, and dispose
23of such property; providing for rulemaking by the
24division; authorizing the division to create a blind
25services direct-support organization; providing purposes
26and objectives; providing for members of the board of the
27direct-support organization; providing that the
28organization is subject to s. 24, Art. I of the State
29Constitution, ch. 119, F.S., and s. 286.011, F.S.;
30requiring expenses of the organization to be paid by
31private funds; providing guidelines for the use of the
32funds; repealing s. 413.061, F.S., relating to
33solicitation of funds; repealing s. 413.062, F.S.,
34relating to application for permit; repealing s. 413.063,
35F.S., relating to a permit issued by the division;
36repealing s. 413.064, F.S., relating to certain rules of
37the Department of Education; repealing s. 413.065, F.S.,
38relating to posting of certain notice of approval;
39repealing s. 413.066, F.S., relating to revocation of
40permit; repealing s. 413.067, F.S., relating to penalties
41for certain violations; repealing s. 413.068, F.S.,
42relating to legislative intent; repealing s. 413.069,
43F.S., relating to exemptions for certain entities;
44providing an effective date.
45
46Be It Enacted by the Legislature of the State of Florida:
47
48     Section 1.  Section 413.011, Florida Statutes, is amended
49to read:
50     413.011  Division of Blind Services, legislative policy and
51intent; internal organizational structure and powers;
52Rehabilitation Advisory Council for the Blind.--
53     (1)  It is the policy of the Legislature that all programs,
54projects, and activities of the division are to be carried out
55in a manner consistent with the following principles:
56     (a)  Respect for individual dignity, personal
57responsibility, self-determination to live independently, and
58pursuit of meaningful careers, based on informed choice.
59     (b)  Support for the involvement of an individual's
60representative if an individual requests, desires, or needs such
61support.
62     (c)  Respect for the individual's privacy and equal access
63to services, including the use of information in accessible
64formats.
65     (d)  Integration and full participation in society, on
66equal terms with others, by individuals who are blind.
67     (2)  It is the intent of the Legislature to establish a
68coordinated program of services which will be available to
69individuals throughout this state who are blind. The program
70must be designed to maximize employment opportunities for such
71individuals and to increase their independence and self-
72sufficiency.
73     (3)(1)  The internal organizational structure of the
74Division of Blind Services shall be designed for the purpose of
75ensuring the greatest possible efficiency and effectiveness of
76services to the blind and to be consistent with chapter 20. The
77Division of Blind Services shall plan, supervise, and carry out
78the following activities:
79     (a)  Recommend personnel as may be necessary to carry out
80the purposes of this section.
81     (b)  Develop and implement a state plan for vocational
82rehabilitation services for individuals who are blind, pursuant
83to Section 101 of the Rehabilitation Act of 1973, as amended.
84     (c)  In conjunction with the Florida Independent Living
85Council, develop and implement a 3-year state plan for
86independent living services and provide independent living
87services for blind and visually impaired individuals, including
88services for older individuals who are blind, pursuant to Title
89VII, ch. 2 of the Rehabilitation Act of 1973, as amended.
90     (d)  Provide services that contribute to the maintenance of
91or the increased independence of older individuals who are
92blind.
93     (e)  Establish, equip, and maintain an orientation and
94adjustment center or centers to provide independent living
95skills training and other training such as, but not limited to,
96instruction in Braille; use of the long white cane for
97independent travel; homemaking and home-management skills; and
98communication skills, including the use of computer technology,
99to prepare individuals who are blind or visually impaired for
100eventual vocational training, job placement, and independence.
101     (f)  Establish and implement a small business enterprises
102program and serve as the state licensing agency for individuals
103who are blind, pursuant to the federal Randolph-Sheppard Act.
104     (g)  Purchase and distribute specialized equipment,
105devices, and technology, including low-vision aids, obtained
106directly from specialty vendors without using state centralized
107purchasing procedures.
108     (h)  In cooperation with the Library of Congress, provide
109library services to persons who are blind and persons who have
110other print-related disabilities.
111     (i)  In cooperation with other appropriate agencies,
112provide to employers, the state education agency, and local
113education agencies technical assistance in the provision of
114auxiliary aids and services to people who are blind, students,
115and their parents in complying with the Americans with
116Disabilities Act and the Individuals with Disabilities Education
117Act, as amended.
118     (j)  Provide technical assistance to agencies within the
119state in order to ensure that information technology purchased
120or used by such agencies is accessible to and usable by
121individuals who are blind, at the time the technology is
122purchased or used.
123     (k)  Participate, through the designation of the director
124or an appropriate staff member of the division, on boards,
125commissions, or bodies in this state for the purpose of
126coordinating and planning services.
127     (l)  Adopt rules for administering the programs of the
128division.
129     (m)  Apply for and receive moneys from any state or federal
130agency to support the programs of the division.
131     (n)  Develop and administer any other program that will
132further the provision of services to people who are blind and
133that the division determines falls within its scope of
134responsibility.
135     (b)  Cause to be compiled and maintained a complete
136register of the blind in the state, which shall describe the
137condition, cause of blindness, and capacity for education and
138industrial training, with such other facts as may seem to the
139division to be of value. Any information in the register of the
140blind which, when released, could identify an individual is
141confidential and exempt from the provisions of s.119.07(1).
142     (o)(c)  Inquire into the cause of blindness, inaugurate
143preventive measures, and provide for the examination and
144treatment of the blind, or those threatened with blindness, for
145the benefit of such persons, and shall pay therefor, including
146necessary incidental expenses.
147     (p)(d)  Aid the blind in finding employment, teach them
148trades and occupations within their capacities, assist them in
149disposing of products made by them in home industries, assist
150them in obtaining funds for establishing enterprises where
151federal funds reimburse the state, and do such things as will
152contribute to the efficiency of self-support of the blind.
153     (q)(e)  Establish one or more training schools and
154workshops for the employment of suitable blind persons; make
155expenditures of funds for such purposes; receive moneys from
156sales of commodities involved in such activities and from such
157funds make payments of wages, repairs, insurance premiums and
158replacements of equipment. All of the activities provided for in
159this section may be carried on in cooperation with private
160workshops for the blind, except that all tools and equipment
161furnished by the division shall remain the property of the
162state.
163     (r)(f)  Provide special services and benefits for the blind
164for developing their social life through community activities
165and recreational facilities.
166     (s)(g)  Undertake such other activities as may ameliorate
167the condition of blind citizens of this state.
168     (t)(h)  Cooperate with other agencies, public or private,
169especially the Division of the Blind and Physically Handicapped
170of the Library of Congress and the Division of Library and
171Information Services of the Department of State, to provide
172library service to the blind and other handicapped persons as
173defined in federal law and regulations in carrying out any or
174all of the provisions of this law.
175     (u)(i)  Recommend contracts and agreements with federal,
176state, county, municipal and private corporations, and
177individuals.
178     (v)(j)  Receive moneys or properties by gift or bequest
179from any person, firm, corporation, or organization for any of
180the purposes herein set out, but without authority to bind the
181state to any expenditure or policy except such as may be
182specifically authorized by law. All such moneys or properties so
183received by gift or bequest as herein authorized may be
184disbursed and expended by the division upon its own warrant for
185any of the purposes herein set forth, and such moneys or
186properties shall not constitute or be considered a part of any
187legislative appropriation made by the state for the purpose of
188carrying out the provisions of this law.
189     (w)(k)  Prepare and make available to the blind, in braille
190and on electronic recording equipment, Florida Statutes chapters
19120, 120, 121, and 413, in their entirety.
192     (x)(l)  Adopt by rule:
193     1.  Procedures for providing vocational rehabilitation
194services for the blind; and.
195     2.(m)  Adopt by rule forms and Instructions to be used by
196the division in its general administration.
197     (4)(2)  As used in this section, the term:
198     (a)  "Act," unless the context indicates otherwise, means
199the Rehabilitation Act of 1973, 29 U.S.C.ss.701-797.
200     (b)  "Blind" or "blindness" means the condition of any
201person for whom blindness is a disability as defined by the
202Rehabilitation 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
205Services a children's program to serve children who are blind
206from 5 years of age through transition to the Vocational
207Rehabilitation Program. This program must supplement services
208already offered by the school system to foster the child's
209learning and ability to function independently. The child's
210parents, guardian, and family members should be an integral part
211of the program in order to foster independence.
212     (b)  The division shall provide vocational rehabilitation
213services to individuals in this state who are blind, pursuant to
214the Rehabilitation Act of 1973, as amended.
215     (c)  The division shall provide independent living services
216to individuals in this state who are blind, including older
217individuals, pursuant to the Rehabilitation Act of 1973, as
218amended.
219     (6)  Property that is purchased by a state agency for the
220purpose of making accommodations for individuals who are blind
221is not subject to the record and inventory requirements set
222forth in s. 273.02. A state agency may use funds from all
223possible sources to make accommodations for individuals who are
224blind.
225     (7)  The division shall require all employees and
226applicants for employment to undergo personnel screening and
227security background investigations as provided in chapter 435,
228using the level two standards for screening set forth in said
229chapter, as a condition of employment and continued employment.
230     (8)(3)  There is hereby created in the department the
231Rehabilitation Advisory Council for the Blind, which is an
232advisory council as defined in s. 20.03, to assist the division
233in the planning and development of statewide rehabilitation
234programs and services, to recommend improvements to such
235programs and services, and to perform the functions provided in
236this section.
237     (a)  The advisory council shall be composed of:
238     1.  At least one representative of the Independent Living
239Council, which representative may be the chair or other designee
240of the council;
241     2.  At least one representative of a parent training and
242information center established pursuant to s.631(c)(9) of the
243Individuals with Disabilities Act, 20 U.S.C.s.1431(c)(9);
244     3. At least one representative of the client assistance
245program established under the act;
246     4.  At least one vocational rehabilitation counselor who
247has knowledge of and experience in vocational rehabilitation
248services for the blind, who shall serve as an ex officio
249nonvoting member of the council if the counselor is an employee
250of the department;
251     5.  At least one representative of community rehabilitation
252program service providers;
253     6.  Four representatives of business, industry, and labor;
254     7.  At least one representative of a disability advocacy
255group representing individuals who are blind;
256     8.  At least one parent, family member, guardian, advocate,
257or authorized representative of an individual who is blind, has
258multiple disabilities, and either has difficulties representing
259himself or herself or is unable, due to disabilities, to
260represent himself or herself;
261     9.  Current or former applicants for, or recipients of,
262vocational rehabilitation services; and
263     10.  The director of the division, who shall be an ex
264officio member of the council.
265     (b)  Members of the council shall be appointed by the
266Governor, who shall select members after soliciting
267recommendations from representatives of organizations
268representing a broad range of individuals who have disabilities,
269and organizations interested in those individuals.
270     (c)  A majority of council members shall be persons who
271are:
272     1.  Blind; and
273     2.  Not employed by the division.
274     (d)  The council shall select a chair from among its
275membership.
276     (e)  Each member of the council shall serve for a term of
277not more than 3 years, except that:
278     1.  A member appointed to fill a vacancy occurring prior to
279the expiration of the term for which a predecessor was appointed
280shall be appointed for the remainder of such term; and
281     2.  The terms of service of the members initially appointed
282shall be, as specified by the Governor, for such fewer number of
283years as will provide for the expiration of terms on a staggered
284basis.
285     (f)  A No member of the council may not serve more than two
286consecutive full terms.
287     (g)  Any vacancy occurring in the membership of the council
288shall be filled in the same manner as the original appointment.
289A vacancy does not affect the power of the remaining members to
290execute the duties of the council.
291     (h)  In addition to the other functions specified in this
292section, the council shall:
293     1.  Review, analyze, and advise the division regarding the
294performance of the responsibilities of the division under Title
295I of the act, particularly responsibilities relating to:
296     a.  Eligibility, including order of selection;
297     b.  The extent, scope, and effectiveness of services
298provided; and
299     c.  Functions performed by state agencies that affect or
300potentially affect the ability of individuals who are blind to
301achieve rehabilitation goals and objectives under Title I.
302     2.  Advise the department and the division, and, at the
303discretion of the department or division, assist in the
304preparation of applications, the state plan, the strategic plan,
305and amendments to the plans, reports, needs assessments, and
306evaluations required by Title I.
307     3.  To the extent feasible, conduct a review and analysis
308of the effectiveness of, and consumer satisfaction with:
309     a.  The functions performed by state agencies and other
310public and private entities responsible for performing functions
311for individuals who are blind.
312     b.  Vocational rehabilitation services:
313     (I)  Provided or paid for from funds made available under
314the act or through other public or private sources.
315     (II)  Provided by state agencies and other public and
316private entities responsible for providing vocational
317rehabilitation services to individuals who are blind.
318     4.  Prepare and submit an annual report on the status of
319vocational rehabilitation services for the blind in the state to
320the Governor and the Commissioner of the Rehabilitative Services
321Administration, established under s.702 of the act, and make the
322report available to the public.
323     5.  Coordinate with other councils within the state,
324including the Independent Living Council, the advisory panel
325established under s.613(a)(12) of the Individuals with
326Disabilities Education Act, 20 U.S.C.1413(a)(12), the State
327Planning Council described in s.124 of the Developmental
328Disabilities Assistance and Bill of Rights Act, 42 U.S.C.s.6024,
329and the state mental health planning council established under
330s.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
332coordination and the establishment of working relationships
333among the department, the division, the Independent Living
334Council, and centers for independent living in the state.
335     7.  Perform such other functions consistent with the
336purposes of the act as the council determines to be appropriate
337that are comparable to functions performed by the council.
338     (i)1.  The council shall prepare, in conjunction with the
339division, a plan for the provision of such resources, including
340such staff and other personnel, as may be necessary to carry out
341the functions of the council. The resource plan shall, to the
342maximum extent possible, rely on the use of resources in
343existence during the period of implementation of the plan.
344     2.  If there is a disagreement between the council and the
345division in regard to the resources necessary to carry out the
346functions of the council as set forth in this section, the
347disagreement shall be resolved by the Governor.
348     3.  The council shall, consistent with law, supervise and
349evaluate such staff and other personnel as may be necessary to
350carry out its functions.
351     4.  While assisting the council in carrying out its duties,
352staff and other personnel shall not be assigned duties by the
353division or any other state agency or office that would create a
354conflict of interest.
355     (j)  A No council member may not shall cast a vote on any
356matter that would provide direct financial benefit to the member
357or otherwise give the appearance of a conflict of interest under
358state law.
359     (k)  The council shall convene at least four meetings each
360year. These meetings shall occur in such places as the council
361deems necessary to conduct council business. The council may
362conduct such forums or hearings as the council considers
363appropriate. The meetings, hearings, and forums shall be
364publicly announced. The meetings shall be open and accessible to
365the public. The council shall make a report of each meeting
366which shall include a record of its discussions and
367recommendations, all of which reports shall be made available to
368the public.
369     Section 2.  Section 413.014, Florida Statutes, is amended
370to read:
371     413.014  Community-based rehabilitation programs.--The
372Division of Blind Services shall enter into cooperative
373agreements with community-based rehabilitation programs as
374defined by the Rehabilitation Act of 1973, as amended, to be the
375service providers for the blind citizens of their communities.
376The division shall, as rapidly as feasible, increase the amount
377of such services provided by community-based rehabilitation
378programs. The goal shall be to decrease the amount of such
379services provided by division employees and to increase to the
380maximum extent allowed by federal law the amount of such
381services provided through cooperative agreements with community-
382based service providers. The division shall seek, to the maximum
383extent allowed by federal and state law and regulation, all
384available federal funds for such purposes. Funds and in-kind
385matching contributions from community and private sources shall
386be used to maximize federal funds. Unless prohibited by federal
387law or regulation, the share of the federal vocational
388rehabilitation grant apportioned for services to the blind must
389shall be not less than 17 percent.
390     Section 3.  Section 413.041, Florida Statutes, is amended
391to read:
392     413.041  Eligible blind persons; placement in vending
393facilities in public places.--For the purpose of assisting blind
394persons to become self-supporting, the Division of Blind
395Services is hereby authorized to carry on activities to promote
396the employment of eligible blind persons, including the
397licensing and establishment of such persons as operators of
398vending facilities on public property. The said division may
399cooperate with any agency of the Federal Government in the
400furtherance of the provisions of the Act of Congress entitled
401"An Act to authorize the operation of stands in federal
402buildings by blind persons, to enlarge the economic
403opportunities of the blind and for other purposes,"
404Pub.L.No.732, 74th Congress, and the said division may cooperate
405in the furtherance of the provisions of any other act of
406Congress providing for the rehabilitation of the blind which is
407that may now be in effect or is may hereafter be enacted by
408Congress.
409     Section 4.  Subsections (1), (2), (4), (7), and (9) of
410section 413.051, Florida Statutes, are amended to read:
411     413.051  Eligible blind persons; operation of vending
412stands.
413     (1)  This section may be cited by the popular name shall be
414known 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
417licensed by the Division of Blind Services of the Department of
418Education to operate a vending stand.
419     (b)  "Vending stand" means any manually operated cafeteria,
420snack bar, cart service, shelter, counter, or other manually
421operated facility for the sale of newspapers, periodicals,
422confections, tobacco products, foods, beverages, or other such
423articles or services.
424     (c)  "State agency" means any agency of the state.
425     (d)  "State property" means any building or land owned,
426leased, or otherwise controlled by the state, but does not
427include any building or land under the control of the Board of
428Regents, a community college district board of trustees, or any
429state correctional institution as defined in s.944.02.
430     (e)  "Property custodian" or "person in charge" means any
431employee, agent, or person who is in control of or responsible
432for the maintenance, operation, and protection of any state
433property.
434     (4)  The Division of Blind Services shall conduct be
435responsible for a periodic survey of all state properties and,
436where feasible, shall establish vending facilities to be
437operated by blind licensees.
438     (7)  A No person or persons may not shall be offered or
439granted any concession by any property custodian or person in
440charge to operate a vending stand on any state property acquired
441after July 1, 1979, unless the division is notified of that
442proposed concession.
443     (9)  This section does not It is the legislative intent
444that this section shall not apply or operate, in any way or any
445manner, to divest any person or organization presently operating
446a vending stand on state, county, or municipal property from
447continuing to do so; however, the property custodian or person
448in charge shall notify the Division of Blind Services at least
449180 days prior to the expiration whether the such vending
450facility location is suitable for operation by a blind licensee.
451     Section 5.  Section 413.091, Florida Statutes, is amended
452to read:
453     413.091  Identification cards.--
454     (1)  The Division of Blind Services of the Department of
455Education shall is hereby empowered to issue identification
456cards to persons known to be blind or partially sighted, upon
457the written request of such individual.
458     (2)  The individual shall submit proof of blindness as
459specified by the division.
460     (3)  The division is will be responsible for design and
461content of the identification card and shall develop and adopt
462promulgate rules, regulations, and procedures relating to the
463eligibility and application for, and issuance and control of,
464these identification cards.
465     Section 6.  Section 413.095, Florida Statutes, is created
466to read:
467     413.095  Retention of title to and disposal of property and
468equipment.--
469     (1)  The Division of Blind Services retains title to any
470real or personal property, such as tools, instruments, training
471supplies, equipment, motor vehicles, real property, or other
472items of value acquired for use by people who have visual
473impairments or personnel employed in operating programs of the
474division and may repossess and transfer such property for use by
475other people who have visual impairments or personnel employed
476in the operation of the division.
477     (2)  The Division of Blind Services may offer for sale any
478surplus items acquired in the operation of the program when they
479are no longer necessary or may exchange them for necessary items
480that can be used to greater advantage. When any such surplus
481equipment is sold or exchanged, a receipt for the sale or
482exchange which shows the consideration given for the equipment
483must be taken from the purchaser, and the consideration must be
484forwarded to the division to be included in the division's
485portfolio of investments pursuant to s.413.0115.Such funds are
486exempt from the State Treasury pursuant to s.215.311, and are
487available for expenditure for any purposes consistent with
488ss.413.011-413.092.
489     (3)  The division has the exclusive right to develop rules
490relating to records and recordkeeping for property owned by the
491division 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
494organization" means a not-for-profit corporation incorporated
495under ch. 617 and organized and operated to conduct programs and
496activities; initiate developmental projects; raise funds;
497request and receive grants, gifts, and bequests of moneys;
498acquire, receive, hold, invest, and administer, in its own name,
499securities, funds, objects of value, or other property, real or
500personal; and make expenditures to or for the direct or indirect
501benefit of the state and for blind persons in this state.
502     (2)(a)  The Division of Blind Services is authorized to
503organize and incorporate a direct-support organization pursuant
504to the requirements of this section and chapter 617, Florida
505Statutes, to accomplish the purposes and objectives set forth in
506this section.
507     (b)  The first board of seven members of the direct-support
508organization shall be appointed by the Governor. Two members
509shall be appointed to serve 2-year terms, three members shall be
510appointed to serve 3-year terms, and two members shall be
511appointed to serve 4-year terms. Thereafter, the board shall be
512self-appointed according to the established bylaws.
513     (c)  The director of the division or his or her designee
514shall serve as an ex officio member of the board of the direct-
515support organization.
516     (d)  The direct-support organization is subject to the
517requirements of s. 24, Art. I of the State Constitution, chapter
518119, Florida Statutes, and s. 286.011, Florida Statutes.
519     (e)  Upon the dissolution of the corporation, all
520properties of the corporation revert to the division.
521     (f)  The direct-support organization shall maintain
522donations and direct service expenditures in a bank account
523outside of the State Treasury.
524     (g)  Any administrative costs of running and promoting the
525purposes of the corporation must be paid by private funds.
526     (3)  The purposes and objectives of the direct-support
527organization must be consistent with the priority issues and
528objectives of the Department of Education and must be in the
529best interests of the state, though the Division of Blind
530Services may permit, without charge, the appropriate use of
531property and facilities of the state by the direct-support
532organization subject to this section. Such use must be directly
533in keeping with the approved purposes of the direct-support
534organization.
535     (4)  Funds designated for the direct-support organization
536must be used for the enhancement of programs and projects of the
537Division of Blind Services. All moneys received by the direct-
538support organization must be deposited into an account of the
539direct-support organization and must be used by the organization
540in a manner consistent with the purposes and goals of the
541direct-support organization.
542     (5)  The direct-support organization shall comply with the
543audit requirements of s. 215.981, Florida Statutes.
544     (6)  The director of the Division of Blind Services may
545designate employees of the division to solicit donations from
546public or private sources to fund the authorized purposes of the
547direct-support organization.
548     Section 8.  Sections 413.061, 413.062, 413.063, 413.064,
549413.065, 413.066, 416.067, 413.068, and 413.069, Florida
550Statutes, are repealed.
551     Section 9.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.