Senate Bill sb1918c2

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    Florida Senate - 2004                    CS for CS for SB 1918

    By the Committees on Governmental Oversight and Productivity;
    Education; and Senator Wise




    302-2232-04

  1                      A bill to be entitled

  2         An act relating to individuals with

  3         disabilities; amending s. 413.08, F.S.;

  4         providing definitions; providing that an

  5         individual with a disability has full and equal

  6         access to and enjoyment of public

  7         accommodations and state and local facilities,

  8         programs, services, and activities; providing

  9         that an individual with a disability may be

10         accompanied by a service animal in places of

11         public accommodation and in state and local

12         facilities; directing that documentation that a

13         service animal is trained may not be a

14         precondition for providing service to an

15         individual accompanied by a service animal;

16         providing that a service animal has access to

17         all areas of a government facility or public

18         accommodation that the public or customers are

19         normally permitted to occupy; directing that an

20         individual with a service animal may not be

21         segregated from other customers or the public;

22         directing that a public accommodation may not

23         impose a deposit or surcharge on an individual

24         with a disability as a precondition to

25         permitting a service animal to accompany the

26         individual; providing that an individual with a

27         disability may be liable for damage caused by a

28         service animal; providing that the animal's

29         owner is responsible for the care and

30         supervision of a service animal; providing that

31         the public accommodation or government entity

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 1         is not required to provide care or food or a

 2         special location for a service animal;

 3         providing that a public accommodation or

 4         government entity may exclude or remove any

 5         animal from the premises if the animal's

 6         behavior poses a direct threat to the health

 7         and safety of others; increasing certain

 8         penalties for violations of the act; providing

 9         that the trainer of a service animal has the

10         same rights and privileges as a person with a

11         disability while training the service animal;

12         amending s. 413.081, F.S.; conforming

13         provisions to changes made by the act; amending

14         s. 413.011, F.S.; providing legislative policy

15         and intent; providing duties of the Division of

16         Blind Services; requiring the division to

17         develop and implement a state plan for

18         vocational rehabilitation services; requiring

19         the division to develop and implement a state

20         plan for independent living services; providing

21         for the division to purchase and distribute

22         specialized equipment without using state

23         centralized purchasing procedures; exempting

24         such equipment from certain record and

25         inventory requirements; creating a children's

26         program; requiring background investigations of

27         division personnel; requiring division

28         personnel and applicants for employment to meet

29         level 2 screening standards as a condition of

30         employment; redesignating the Advisory Council

31         for the Blind as the Rehabilitation Council for

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 1         the Blind; amending ss. 413.014, 413.041,

 2         413.051, and 413.091, F.S.; modernizing

 3         terminology; requiring the division to conduct

 4         a periodic survey of state properties; creating

 5         s. 413.095, F.S.; providing for the division to

 6         retain title to certain real and personal

 7         property intended for use by people who have

 8         visual impairments and certain personnel;

 9         allowing the division to repossess, transfer,

10         and dispose of such property; providing for

11         rulemaking by the division; authorizing the

12         division to create a blind services

13         direct-support organization; providing purposes

14         and objectives; providing for members of the

15         board of the direct-support organization;

16         providing that the organization is subject to

17         s. 24, Art. I of the State Constitution, ch.

18         119, F.S., and s. 286.011, F.S.; requiring

19         expenses of the organization to be paid by

20         private funds; providing guidelines for the use

21         of the funds; repealing ss. 413.061, 413.062,

22         413.063, 413.064, 413.065, 413.066, 413.067,

23         413.068, and 413.069, F.S., relating to permits

24         for soliciting funds to benefit the blind;

25         providing an effective date.

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  Section 413.08, Florida Statutes, is

30  amended to read:

31  

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 1         413.08  Rights of individuals with disabilities who

 2  physically disabled persons; use of dog guides or service

 3  animals dogs or nonhuman primates of the genus Cebus;

 4  discrimination in public employment or housing accommodations;

 5  penalties.--

 6         (1)  As used in this section the term:

 7         (a)  "Housing accommodation" means any real property or

 8  portion thereof which is used or occupied, or intended,

 9  arranged, or designed to be used or occupied, as a home,

10  residence, or sleeping place of one or more human beings. The

11  term does not include a single-family residence if the

12  occupants rent or lease to others for compensation not more

13  than one room in the residence.

14         (b)  "Individual with a disability" means a person with

15  a physical or mental impairment that severely limits the

16  person's ability to perform one or more daily life living

17  skills.

18         (c)  "Place of public accommodation" means a facility,

19  operated by a private person, whose operations affect commerce

20  and fall within at least one of the following categories:

21         1.  An inn, hotel, motel, or other place of lodging,

22  except for an establishment located within a building that

23  contains not more than five rooms for rent or hire and that is

24  actually occupied by the proprietor of the establishment as

25  the residence of the proprietor;

26         2.  A restaurant, bar, or other establishment serving

27  food or drink;

28         3.  A motion picture house, theater, concert hall,

29  stadium, or other place of gathering;

30         4.  An auditorium, convention center, lecture hall, or

31  other place of exhibition or entertainment;

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 1         5.  A bakery, grocery store, clothing store, hardware

 2  store, shopping center, or other sales or rental

 3  establishment;

 4         6.  A laundromat, dry cleaner, bank, barber shop,

 5  beauty shop, travel service, shoe repair service, funeral

 6  parlor, gas station, office of a health care provider,

 7  hospital, or other service establishment;

 8         7.  A terminal, depot, or other station used for

 9  specified public transportation;

10         8.  A museum, library, gallery, or other place of

11  public display or collection;

12         9.  A park, zoo, amusement park, or other place of

13  recreation;

14         10.  A day care center, senior citizen center, homeless

15  shelter, food bank, adoption agency, or other social services

16  establishment; and

17         11.  A gymnasium, health spa, bowling alley, golf

18  course, or other place of exercise or recreation.

19         (d)  "Service animal" means an animal that is trained

20  to perform tasks for an individual with a disability. The

21  tasks may include, but are not limited to, guiding a person

22  who is visually impaired or blind, alerting a person who is

23  deaf or hard of hearing, pulling a wheelchair, assisting with

24  mobility or balance, alerting and protecting a person who is

25  having a seizure, retrieving objects, or performing other

26  special tasks. A service animal is not a pet.

27         (2)(1)(a)  An individual with a disability is The deaf,

28  hard of hearing, blind, visually handicapped, and otherwise

29  physically disabled are entitled to full and equal

30  accommodations, advantages, facilities, and privileges on all

31  common carriers, airplanes, motor vehicles, railroad trains,

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 1  motor buses, streetcars, boats, and other public conveyances

 2  or modes of transportation; in all state and local government

 3  facilities, programs, services, and activities; and at hotels,

 4  lodging places, places of public accommodations accommodation,

 5  amusement, or resort, and other places to which the general

 6  public is invited, subject only to the conditions and

 7  limitations established by law and applicable alike to all

 8  persons. This section does not require any person, firm, or

 9  corporation, or any agent thereof, to modify or provide any

10  vehicle, premises, facility, or service to a higher degree of

11  accommodation than is required for a person not so disabled.

12         (3)(b)  Every individual with a disability deaf or hard

13  of hearing person, totally or partially blind person, person

14  who is subject to epilepsy or other such seizure disorders, or

15  physically disabled person has the right to be accompanied by

16  a dog guide or service animal dog, specially trained for the

17  purpose, in any place of public accommodation or state or

18  local government facility, program, service, or activity the

19  places listed in paragraph (a) without being required to pay

20  an extra charge for the dog guide or service dog; however,

21  such a person is liable for any damage done to the premises or

22  facilities by such a dog. The dog guide or service dog must be

23  capable of being properly identified as being from a

24  recognized school for seeing-eye dogs, hearing-ear dogs,

25  service dogs, including, but not limited to, seizure-alert and

26  seizure-response dogs, or guide dogs.

27         (4)  Documentation that the service animal is trained

28  is not a precondition for providing service to an individual

29  accompanied by a service animal. A public accommodation or

30  government entity may ask if an animal is a service animal or

31  

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 1  what tasks the animal has been trained to perform in order to

 2  determine the difference between a service animal and a pet.

 3         (5)  A service animal may accompany the individual with

 4  a disability to all areas of a government facility or public

 5  accommodation that the public or customers are normally

 6  permitted to occupy. An individual with a service animal may

 7  not be segregated from other customers or the public.

 8         (6)(a)  A public accommodation may not impose a deposit

 9  or surcharge on an individual with a disability as a

10  precondition to permitting a service animal to accompany the

11  individual with a disability, even if a deposit is routinely

12  required for pets.

13         (b)  An individual with a disability is liable for

14  damage caused by a service animal if it is the regular policy

15  and practice of the public accommodation to charge nondisabled

16  persons for damages caused by their pets.

17         (7)  The care or supervision of a service animal is the

18  responsibility of the individual owner. A public accommodation

19  or government entity is not required to provide care or food

20  or a special location for the service animal.

21         (8)(a)  A public accommodation or government entity may

22  exclude or remove any animal from the premises, including a

23  service animal, if the animal's behavior poses a direct threat

24  to the health and safety of others. Allergies and fear of

25  animals are not valid reasons for denying access or refusing

26  service to an individual with a service animal. The perception

27  of a threat or fear based on past experience does not

28  constitute a direct threat.

29         (b)  If a service animal is excluded or removed as

30  being a direct threat to others, the public accommodation or

31  government entity must provide the individual with a

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 1  disability the option of continuing access to the public

 2  accommodation or government entity without having the service

 3  animal on the premises.

 4         (c)  Every person with paraplegia or quadriplegia has

 5  the right to be accompanied by a nonhuman primate of the genus

 6  Cebus, specially trained for the purpose of providing personal

 7  care services, in any of the places listed in paragraph (a)

 8  without being required to pay an extra charge for the nonhuman

 9  primate; however, such a person is liable for any damage done

10  to the premises or facilities by such nonhuman primate.

11         (9)(2)  Any person, firm, business, or corporation, or

12  the agent of any person, firm, business, or corporation, who

13  denies or interferes with admittance to, or enjoyment of, the

14  public accommodation of, facilities enumerated in subsection

15  (1) or otherwise interferes with the rights of, an individual

16  with a disability a deaf person, a hard of hearing person, a

17  totally or partially blind person, a person who is subject to

18  epilepsy or other such seizure disorders, or an otherwise

19  physically disabled person under this section, or the trainer

20  of a dog guide or service animal dog while engaged in the

21  training of the animal under such a dog pursuant to subsection

22  (14) (7), commits is guilty of a misdemeanor of the first

23  second degree, punishable as provided in s. 775.082 or s.

24  775.083.

25         (10)(3)  It is the policy of this state that

26  individuals with disabilities the deaf, hard of hearing,

27  blind, visually handicapped, and otherwise physically disabled

28  shall be employed in the service of the state or political

29  subdivisions of the state, in the public schools, and in all

30  other employment supported in whole or in part by public

31  funds, and an employer may not refuse employment to an

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 1  individual with a disability the deaf, the hard of hearing,

 2  the blind, the visually handicapped, or the otherwise

 3  physically disabled on the basis of the disability alone,

 4  unless it is shown that the particular disability prevents the

 5  satisfactory performance of the work involved.

 6         (11)(4)  Each individual with a disability is Deaf

 7  persons, hard of hearing persons, blind persons, visually

 8  handicapped persons, and otherwise physically disabled persons

 9  are entitled to rent, lease, or purchase, as other members of

10  the general public, any housing accommodations offered for

11  rent, lease, or other compensation in this state, subject to

12  the conditions and limitations established by law and

13  applicable alike to all persons.

14         (a)  As used in this subsection, the term "housing

15  accommodations" means any real property or portion thereof

16  which is used or occupied, or intended, arranged, or designed

17  to be used or occupied, as the home, residence, or sleeping

18  place of one or more human beings, but does not include any

19  single-family residence the occupants of which rent, lease, or

20  furnish for compensation not more than one room therein.

21         (b)  This section does not require any person renting,

22  leasing, or otherwise providing real property for compensation

23  to modify her or his property in any way or provide a higher

24  degree of care for a deaf person, hard of hearing person,

25  blind person, visually handicapped person, or otherwise

26  physically disabled person than for a person who is not so

27  handicapped.

28         (12)(c)  Each individual with a disability deaf person,

29  hard of hearing person, totally or partially blind person, or

30  otherwise physically disabled person who has a service animal

31  dog guide, or who obtains a service animal dog guide, is

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 1  entitled to full and equal access to all housing

 2  accommodations provided for in this section, and the such a

 3  person may shall not be required to pay extra compensation for

 4  the service animal dog guide.  However, an individual with a

 5  disability such a person is liable for any damage done to the

 6  premises by such a service animal dog guide.

 7         (d)  Each person with paraplegia or quadriplegia who

 8  has or obtains a nonhuman primate of the genus Cebus,

 9  specially trained for the purpose of providing personal care

10  services, is entitled to full and equal access to all housing

11  accommodations provided for in this section, and she or he

12  shall not be required to pay extra compensation for such a

13  nonhuman primate. However, the person is liable for any damage

14  done to the premises by such a nonhuman primate.

15         (13)(5)  An Any employer covered under subsection (10)

16  (3) who discriminates against an individual with a disability

17  the deaf, hard of hearing, blind, visually handicapped, or

18  otherwise physically disabled in employment, unless it is

19  shown that the particular disability prevents the satisfactory

20  performance of the work involved, or any person, firm, or

21  corporation, or the agent of any person, firm, business, or

22  corporation, providing housing accommodations as provided in

23  subsection (11) (4) who discriminates against an individual

24  with a disability commits the deaf, hard of hearing, blind,

25  visually handicapped, or otherwise physically disabled is

26  guilty of a misdemeanor of the first second degree, punishable

27  as provided in s. 775.082 or s. 775.083.

28         (6)(a)  As used in this section, the term "physically

29  disabled person" means any person who has a physical

30  impairment that substantially limits one or more major life

31  activities.

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 1         (b)  As used in this section, the term "hard of hearing

 2  person" means an individual who has suffered a permanent

 3  hearing impairment that is severe enough to necessitate the

 4  use of amplification devices to discriminate speech sounds in

 5  verbal communication.

 6         (14)(7)  Any trainer of a dog guide or service animal

 7  dog, while engaged in the training of the service animal such

 8  a dog, has the same rights and privileges with respect to

 9  access to public facilities and the same liability for damage

10  as is provided for individuals with a disability those persons

11  described in paragraph (1)(b) accompanied by a service animal

12  dog guides or service dogs.

13         (8)  Any trainer of a nonhuman primate of the genus

14  Cebus, while engaged in training such a nonhuman primate to

15  provide personal care services to a person with paraplegia or

16  quadriplegia, has the same rights and privileges with respect

17  to access to public facilities and the same liability for

18  damage as is provided for a person with paraplegia or

19  quadriplegia who is accompanied by nonhuman primates of the

20  genus Cebus. As used in this subsection, the term "trainer of

21  a nonhuman primate of the genus Cebus" means a paid employee

22  of a training organization, and does not include volunteers

23  chosen to raise the animals.

24         Section 2.  Section 413.081, Florida Statutes, is

25  amended to read:

26         413.081  Interference with or injury to a guide dog or

27  service animal; penalties; restitution.--

28         (1)  A Any person who, with reckless disregard,

29  interferes with, or permits a dog that he or she owns or is in

30  the immediate control of to interfere, with, the use of a

31  guide dog or service animal by obstructing, intimidating, or

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 1  otherwise jeopardizing the safety of the service animal or its

 2  user commits is guilty of a misdemeanor of the second degree

 3  for the first offense and a misdemeanor of the first degree

 4  for each subsequent offense, punishable as provided in s.

 5  775.082 or s. 775.083.

 6         (2)  A Any person who, with reckless disregard, injures

 7  or kills, or permits a dog that he or she owns or is in the

 8  immediate control of to injure or kill, a guide dog or service

 9  animal commits is guilty of a misdemeanor of the first degree,

10  punishable as provided in s. 775.082 or s. 775.083.

11         (3)  A Any person who intentionally injures or kills,

12  or permits a dog that he or she owns or is in the immediate

13  control of to injure or kill, a guide dog or service animal

14  commits is guilty of a felony of the third degree, punishable

15  as provided in s. 775.082, or s. 775.083, or s. 775.084.

16         (4)(a)  A person who is convicted of a violation of

17  this section, in addition to any other penalty, must make full

18  restitution for all damages that arise out of or are related

19  to the offense, including incidental and consequential damages

20  incurred by the guide dog or service animal's user.

21         (b)  Restitution includes the value of the service

22  animal; replacement and training or retraining expenses for

23  the service animal and the user; veterinary and other medical

24  and boarding expenses for the service animal; medical expenses

25  for the user; and lost wages or income incurred by the user

26  during any period that the user is without the services of the

27  service such an animal.

28         (5)  As used in this section, the term "service animal"

29  means an animal that is trained to perform tasks for an

30  individual with a disability. The tasks may include, but are

31  not limited to, guiding a person who is visually impaired or

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 1  blind, alerting a person who is deaf or hard of hearing,

 2  pulling a wheelchair, assisting with mobility or balance,

 3  alerting and protecting a person who is having a seizure,

 4  retrieving objects, or performing other special tasks. A

 5  service animal is not a pet.:

 6         (a)  "Guide dog" means a dog that is trained for the

 7  purpose of guiding blind persons or a dog trained for the

 8  purpose of assisting hearing impaired persons.

 9         (b)  "Service animal" means an animal that is trained

10  for the purposes of assisting or accommodating a disabled

11  person's sensory, mental, or physical disability.

12         Section 3.  Section 413.011, Florida Statutes, is

13  amended to read:

14         413.011  Division of Blind Services, legislative

15  policy, intent; internal organizational structure and powers;

16  Rehabilitation Advisory Council for the Blind.--

17         (1)  Policy.--It is the policy of the Legislature that

18  all programs, projects, and activities of the division are to

19  be carried out in a manner consistent with the following

20  principles:

21         (a)  Respect for individual dignity, personal

22  responsibility, self-determination to live independently, and

23  pursuit of meaningful careers, based on informed choice;

24         (b)  Support for the involvement of an individual's

25  representative if an individual requests, desires, or needs

26  such support;

27         (c)  Respect for the individual's privacy and equal

28  access, including the use of information in accessible

29  formats; and

30         (d)  Integration and full participation of individuals

31  who are blind in society on equal terms with others.

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 1         (2)  It is the intent of the Legislature to establish a

 2  coordinated program of services which will be available to

 3  individuals throughout this state who are blind. The program

 4  must be designed to maximize employment opportunities for such

 5  individuals and to increase their independence and

 6  self-sufficiency.

 7         (3)(1)  The internal organizational structure of the

 8  Division of Blind Services shall be designed for the purpose

 9  of ensuring the greatest possible efficiency and effectiveness

10  of services to the blind and to be consistent with chapter 20.

11  The Division of Blind Services shall plan, supervise, and

12  carry out the following activities:

13         (a)  Recommend personnel as may be necessary to carry

14  out the purposes of this section.

15         (b)  Develop and implement a state plan for vocational

16  rehabilitation services for individuals who are blind,

17  pursuant to section 101 of the Rehabilitation Act of 1973, as

18  amended.

19         (c)  In conjunction with the Florida Independent Living

20  Council, develop and implement a 3-year state plan for

21  independent living services and provide independent living

22  services for blind and visually impaired individuals,

23  including services for older individuals who are blind,

24  pursuant to Title VII, chapter 2 of the Rehabilitation Act of

25  1973, as amended.

26         (d)  Provide services that contribute to the

27  maintenance of or the increased independence of older

28  individuals who are blind.

29         (e)  Establish, equip, and maintain an orientation and

30  adjustment center or centers to provide independent living

31  skills training and other training such as, but not limited

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 1  to, instruction in Braille; use of the long white cane for

 2  independent travel; homemaking and home-management skills; and

 3  communication skills, including the use of computer

 4  technology, to prepare individuals who are blind or visually

 5  impaired for eventual vocational training, job placement, and

 6  independence.

 7         (f)  Establish and implement a small business

 8  enterprises program and serve as the state licensing agency

 9  for individuals who are blind, pursuant to the federal

10  Randolph-Sheppard Act.

11         (g)  Purchase and distribute specialized equipment,

12  devices, and technology, including low-vision aids, obtained

13  directly from specialty vendors without using state

14  centralized purchasing procedures.

15         (h)  In cooperation with the Library of Congress,

16  provide library services to persons who are blind and persons

17  who have other print-related disabilities.

18         (i)  In cooperation with other appropriate agencies,

19  provide to employers, the state education agency, and local

20  education agencies technical assistance in the provision of

21  auxiliary aids and services to people who are blind, students,

22  and their parents in complying with the Americans with

23  Disabilities Act and the Individuals with Disabilities

24  Education Act, as amended.

25         (j)  Provide technical assistance to agencies within

26  the state in order to assure that information technology

27  purchased or used by such agencies is accessible to and usable

28  by individuals who are blind, at the time the technology is

29  purchased or used.

30         (k)  Participate, through the designation of the

31  director or an appropriate staff member of the division, on

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 1  boards, commissions, or bodies in this state for the purpose

 2  of coordinating and planning services.

 3         (l)  Adopt rules for administering the programs of the

 4  division.

 5         (m)  Apply for and receive money from any state or

 6  federal agency to support the programs of the division.

 7         (n)  Develop and administer any other program that will

 8  further the provision of services to people who are blind and

 9  that the division determines falls within its scope of

10  responsibility.

11         (b)  Cause to be compiled and maintained a complete

12  register of the blind in the state, which shall describe the

13  condition, cause of blindness, and capacity for education and

14  industrial training, with such other facts as may seem to the

15  division to be of value.  Any information in the register of

16  the blind which, when released, could identify an individual

17  is confidential and exempt from the provisions of s.

18  119.07(1).

19         (o)(c)  Inquire into the cause of blindness, inaugurate

20  preventive measures, and provide for the examination and

21  treatment of the blind, or those threatened with blindness,

22  for the benefit of such persons, and shall pay therefor,

23  including necessary incidental expenses.

24         (p)(d)  Aid the blind in finding employment, teach them

25  trades and occupations within their capacities, assist them in

26  disposing of products made by them in home industries, assist

27  them in obtaining funds for establishing enterprises where

28  federal funds reimburse the state, and do such things as will

29  contribute to the efficiency of self-support of the blind.

30         (q)(e)  Establish one or more training schools and

31  workshops for the employment of suitable blind persons; make

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 1  expenditures of funds for such purposes; receive moneys from

 2  sales of commodities involved in such activities and from such

 3  funds make payments of wages, repairs, insurance premiums and

 4  replacements of equipment. All of the activities provided for

 5  in this section may be carried on in cooperation with private

 6  workshops for the blind, except that all tools and equipment

 7  furnished by the division shall remain the property of the

 8  state.

 9         (r)(f)  Provide special services and benefits for the

10  blind for developing their social life through community

11  activities and recreational facilities.

12         (s)(g)  Undertake such other activities as may

13  ameliorate the condition of blind citizens of this state.

14         (t)(h)  Cooperate with other agencies, public or

15  private, especially the National Library Service for the

16  Division of the Blind and Physically Handicapped of the

17  Library of Congress and the Division of Library and

18  Information Services of the Department of State, to provide

19  library service to persons with visual, physical, or reading

20  disabilities the blind and other handicapped persons as

21  defined in federal law and regulations in carrying out any or

22  all of the provisions of this law.

23         (u)(i)  Recommend contracts and agreements with

24  federal, state, county, municipal and private corporations,

25  and individuals.

26         (v)(j)  Receive moneys or properties by gift or bequest

27  from any person, firm, corporation, or organization for any of

28  the purposes herein set out, but without authority to bind the

29  state to any expenditure or policy except such as may be

30  specifically authorized by law.  All such moneys or properties

31  so received by gift or bequest as herein authorized may be

                                  17

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 1  disbursed and expended by the division upon its own warrant

 2  for any of the purposes herein set forth, and such moneys or

 3  properties shall not constitute or be considered a part of any

 4  legislative appropriation made by the state for the purpose of

 5  carrying out the provisions of this law.

 6         (w)(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         (x)(l)  Adopt by rule:

10         1.  Procedures for providing vocational rehabilitation

11  services for the blind; and.

12         2.(m)  Adopt by rule forms and Instructions to be used

13  by the division in its general administration.

14         (4)(2)  As used in this section, the term:

15         (a)  "Act," unless the context indicates otherwise,

16  means the Rehabilitation Act of 1973, 29 U.S.C. ss. 701-797.

17         (b)  "Blind" or "blindness" means the condition of any

18  person for whom blindness is a disability as defined by the

19  Rehabilitation Act of 1973, 29 U.S.C. s. 706(8)(b).

20         (c)  "Department" means the Department of Education.

21         (5)  There is created within the Division of Blind

22  Services a children's program to serve children who are blind

23  from 5 years of age through transition to the Vocational

24  Rehabilitation Program. This program must supplement services

25  already offered by the school system to foster the child's

26  learning and ability to function independently. The child's

27  parents, guardian, and family members should be an integral

28  part of the program in order to foster independence.

29         (6)  Property that is purchased by a state agency for

30  the purpose of making accommodations for individuals who are

31  blind is not subject to the record and inventory requirements

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 1  set forth in s. 273.02. A state agency may use funds from all

 2  possible sources to make accommodations for individuals who

 3  are blind.

 4         (7)  The division shall require all employees and

 5  applicants for employment to undergo personnel screening and

 6  security background investigations as provided in chapter 435,

 7  using the level two standards for screening set forth in that

 8  chapter, as a condition of employment and continued

 9  employment. All division employees and applicants for

10  employment must meet level 2 screening standards as provided

11  in s. 435.04 prior to employment and as a condition of

12  continued employment.

13         (8)(3)  There is hereby created in the department the

14  Rehabilitation Advisory Council for the Blind, which is an

15  advisory council as defined in s. 20.03, to assist the

16  division in the planning and development of statewide

17  vocational rehabilitation programs and services pursuant to

18  the Rehabilitation Act of 1973, as amended, to recommend

19  improvements to such programs and services, and to perform the

20  functions provided in this section.

21         (a)  The advisory council shall be composed of:

22         1.  At least one representative of the Independent

23  Living Council, which representative may be the chair or other

24  designee of the council;

25         2.  At least one representative of a parent training

26  and information center established pursuant to s. 631(c)(9) of

27  the Individuals with Disabilities Act, 20 U.S.C. s.

28  1431(c)(9);

29         3.  At least one representative of the client

30  assistance program established under the act;

31  

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 1         4.  At least one vocational rehabilitation counselor

 2  who has knowledge of and experience in vocational

 3  rehabilitation services for the blind, who shall serve as an

 4  ex officio nonvoting member of the council if the counselor is

 5  an employee of the department;

 6         5.  At least one representative of community

 7  rehabilitation program service providers;

 8         6.  Four representatives of business, industry, and

 9  labor;

10         7.  At least one representative of a disability

11  advocacy group representing individuals who are blind;

12         8.  At least one parent, family member, guardian,

13  advocate, or authorized representative of an individual who is

14  blind, has multiple disabilities, and either has difficulties

15  representing himself or herself or is unable, due to

16  disabilities, to represent himself or herself;

17         9.  Current or former applicants for, or recipients of,

18  vocational rehabilitation services; and

19         10.  The director of the division, who shall be an ex

20  officio member of the council.

21         (b)  Members of the council shall be appointed by the

22  Governor, who shall select members after soliciting

23  recommendations from representatives of organizations

24  representing a broad range of individuals who have

25  disabilities, and organizations interested in those

26  individuals.

27         (c)  A majority of council members shall be persons who

28  are:

29         1.  Blind; and

30         2.  Not employed by the division.

31  

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 1         (d)  The council shall select a chair from among its

 2  membership.

 3         (e)  Each member of the council shall serve for a term

 4  of not more than 3 years, except that:

 5         1.  A member appointed to fill a vacancy occurring

 6  prior to the expiration of the term for which a predecessor

 7  was appointed shall be appointed for the remainder of such

 8  term; and

 9         2.  The terms of service of the members initially

10  appointed shall be, as specified by the Governor, for such

11  fewer number of years as will provide for the expiration of

12  terms on a staggered basis.

13         (f)  A No member of the council may not serve more than

14  two consecutive full terms.

15         (g)  Any vacancy occurring in the membership of the

16  council shall be filled in the same manner as the original

17  appointment. A vacancy does not affect the power of the

18  remaining members to execute the duties of the council.

19         (h)  In addition to the other functions specified in

20  this section, the council shall:

21         1.  Review, analyze, and advise the division regarding

22  the performance of the responsibilities of the division under

23  Title I of the act, particularly responsibilities relating to:

24         a.  Eligibility, including order of selection;

25         b.  The extent, scope, and effectiveness of services

26  provided; and

27         c.  Functions performed by state agencies that affect

28  or potentially affect the ability of individuals who are blind

29  to achieve rehabilitation goals and objectives under Title I.

30         2.  Advise the department and the division, and, at the

31  discretion of the department or division, assist in the

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 1  preparation of applications, the state plan, the strategic

 2  plan, and amendments to the plans, reports, needs assessments,

 3  and evaluations required by Title I.

 4         3.  To the extent feasible, conduct a review and

 5  analysis of the effectiveness of, and consumer satisfaction

 6  with:

 7         a.  The functions performed by state agencies and other

 8  public and private entities responsible for performing

 9  functions for individuals who are blind.

10         b.  Vocational rehabilitation services:

11         (I)  Provided or paid for from funds made available

12  under the act or through other public or private sources.

13         (II)  Provided by state agencies and other public and

14  private entities responsible for providing vocational

15  rehabilitation services to individuals who are blind.

16         4.  Prepare and submit an annual report on the status

17  of vocational rehabilitation services for the blind in the

18  state to the Governor and the Commissioner of the

19  Rehabilitative Services Administration, established under s.

20  702 of the act, and make the report available to the public.

21         5.  Coordinate with other councils within the state,

22  including the Independent Living Council, the advisory panel

23  established under s. 613(a)(12) of the Individuals with

24  Disabilities Education Act, 20 U.S.C. 1413(a)(12), the State

25  Planning Council described in s. 124 of the Developmental

26  Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s.

27  6024, and the state mental health planning council established

28  under s. 1916(e) of the Public Health Service Act, 42 U.S.C.

29  300X-4(e).

30         6.  Advise the department and division and provide for

31  coordination and the establishment of working relationships

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 1  among the department, the division, the Independent Living

 2  Council, and centers for independent living in the state.

 3         7.  Perform such other functions consistent with the

 4  purposes of the act as the council determines to be

 5  appropriate that are comparable to functions performed by the

 6  council.

 7         (i)1.  The council shall prepare, in conjunction with

 8  the division, a plan for the provision of such resources,

 9  including such staff and other personnel, as may be necessary

10  to carry out the functions of the council. The resource plan

11  shall, to the maximum extent possible, rely on the use of

12  resources in existence during the period of implementation of

13  the plan.

14         2.  If there is a disagreement between the council and

15  the division in regard to the resources necessary to carry out

16  the functions of the council as set forth in this section, the

17  disagreement shall be resolved by the Governor.

18         3.  The council shall, consistent with law, supervise

19  and evaluate such staff and other personnel as may be

20  necessary to carry out its functions.

21         4.  While assisting the council in carrying out its

22  duties, staff and other personnel shall not be assigned duties

23  by the division or any other state agency or office that would

24  create a conflict of interest.

25         (j)  A No council member may not shall cast a vote on

26  any matter that would provide direct financial benefit to the

27  member or otherwise give the appearance of a conflict of

28  interest under state law.

29         (k)  The council shall convene at least four meetings

30  each year. These meetings shall occur in such places as the

31  council deems necessary to conduct council business. The

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 1  council may conduct such forums or hearings as the council

 2  considers appropriate. The meetings, hearings, and forums

 3  shall be publicly announced. The meetings shall be open and

 4  accessible to the public. The council shall make a report of

 5  each meeting which shall include a record of its discussions

 6  and recommendations, all of which reports shall be made

 7  available to the public.

 8         Section 4.  Section 413.014, Florida Statutes, is

 9  amended to read:

10         413.014  Community Community-based rehabilitation

11  programs.--The Division of Blind Services shall enter into

12  cooperative agreements with community community-based

13  rehabilitation programs as defined by the Rehabilitation Act

14  of 1973, as amended, to be the service providers for the blind

15  citizens of their communities.  The division shall, as rapidly

16  as feasible, increase the amount of such services provided by

17  community community-based rehabilitation programs. The goal

18  shall be to decrease the amount of such services provided by

19  division employees and to increase to the maximum extent

20  allowed by federal law the amount of such services provided

21  through cooperative agreements with community community-based

22  service providers.  The division shall seek, to the maximum

23  extent allowed by federal and state law and regulation, all

24  available federal funds for such purposes.  Funds and in-kind

25  matching contributions from community and private sources

26  shall be used to maximize federal funds. Unless prohibited by

27  federal law or regulation, the share of the federal vocational

28  rehabilitation grant apportioned for services to the blind may

29  shall be not be less than 17 percent.

30         Section 5.  Section 413.041, Florida Statutes, is

31  amended to read:

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 1         413.041  Eligible blind persons; placement in vending

 2  facilities in public places.--For the purpose of assisting

 3  blind persons to become self-supporting, the Division of Blind

 4  Services is hereby authorized to carry on activities to

 5  promote the employment of eligible blind persons, including

 6  the licensing and establishment of such persons as operators

 7  of vending facilities on public property.  The said division

 8  may cooperate with any agency of the Federal Government in the

 9  furtherance of the provisions of the Act of Congress entitled

10  "An Act to authorize the operation of stands in federal

11  buildings by blind persons, to enlarge the economic

12  opportunities of the blind and for other purposes," Pub. L.

13  No. 732, 74th Congress, and the said division may cooperate in

14  the furtherance of the provisions of any other act of Congress

15  providing for the rehabilitation of the blind which is that

16  may now be in effect or is may hereafter be enacted by

17  Congress.

18         Section 6.  Subsections (1), (2), (4), (7), and (9), of

19  section 413.051, Florida Statutes, are amended to read:

20         413.051  Eligible blind persons; operation of vending

21  stands.--

22         (1)  This section may be cited shall be known as the

23  Little Randolph Sheppard Act.

24         (2)  As used in this section, the term:

25         (a)  "Blind licensee" means any blind person trained

26  and licensed by the Division of Blind Services of the

27  Department of Education to operate a vending stand.

28         (b)  "Vending stand" means any manually operated

29  cafeteria, snack bar, cart service, shelter, counter, or other

30  manually operated facility for the sale of newspapers,

31  

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 1  periodicals, confections, tobacco products, foods, beverages,

 2  or other such articles or services.

 3         (c)  "State agency" means any agency of the state.

 4         (d)  "State property" means any building or land owned,

 5  leased, or otherwise controlled by the state, but does not

 6  include any building or land under the control of the Board of

 7  Regents, a community college district board of trustees, or

 8  any state correctional institution as defined in s. 944.02.

 9         (e)  "Property custodian" or "person in charge" means

10  any employee, agent, or person who is in control of or

11  responsible for the maintenance, operation, and protection of

12  any state property.

13         (4)  The Division of Blind Services shall conduct be

14  responsible for a periodic survey of all state properties and,

15  where feasible, shall establish vending facilities to be

16  operated by blind licensees.

17         (7)  A No person or persons may not shall be offered or

18  granted any concession by any property custodian or person in

19  charge to operate a vending stand on any state property

20  acquired after July 1, 1979, unless the division is notified

21  of that proposed concession.

22         (9)  This section does not It is the legislative intent

23  that this section shall not apply or operate, in any way or

24  any manner, to divest any person or organization presently

25  operating a vending stand on state, county, or municipal

26  property from continuing to do so; however, the property

27  custodian or person in charge shall notify the Division of

28  Blind Services at least 180 days prior to the expiration

29  whether the such vending facility location is suitable for

30  operation by a blind licensee.

31  

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 1         Section 7.  Section 413.091, Florida Statutes, is

 2  amended to read:

 3         413.091  Identification cards.--

 4         (1)  The Division of Blind Services of the Department

 5  of Education shall is hereby empowered to issue identification

 6  cards to persons known to be blind or partially sighted, upon

 7  the written request of such individual.

 8         (2)  The individual shall submit proof of blindness as

 9  specified by the division.

10         (3)  The division is will be responsible for design and

11  content of the identification card and shall develop and adopt

12  promulgate rules, regulations, and procedures relating to the

13  eligibility and application for, and issuance and control of,

14  these identification cards.

15         Section 8.  Section 413.095, Florida Statutes, is

16  created to read:

17         413.095  Retention of title to and disposal of property

18  and equipment.--

19         (1)  The Division of Blind Services retains title to

20  any real or personal property, such as tools, instruments,

21  training supplies, equipment, motor vehicles, real property,

22  or other items of value acquired by the division for use by

23  people who have visual impairments or personnel employed in

24  operating programs of the division, and may repossess and

25  transfer such property for use by other people who have visual

26  impairments or personnel employed in the operation of the

27  division.

28         (2)  The Division of Blind Services may offer for sale

29  any surplus items acquired in the operation of the program

30  when they are no longer necessary or may exchange them for

31  necessary items that can be used to greater advantage. When

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 1  any such surplus equipment is sold or exchanged, a receipt for

 2  the sale or exchange which shows the consideration given for

 3  the equipment must be taken from the purchaser, and the

 4  consideration must be forwarded to the division to be included

 5  in the division's portfolio of investments pursuant to s.

 6  413.0115. Such funds are exempt from the State Treasury

 7  pursuant to s. 215.311, and are available for expenditure for

 8  any purposes consistent with ss. 413.011-413.092.

 9         (3)  The division has the exclusive right to develop

10  rules relating to records and recordkeeping for property owned

11  by the division which is referred to in subsections (1) and

12  (2).

13         Section 9.  Blind services direct-support

14  organization.--

15         (1)  As used in this section, the term "direct-support

16  organization" means a not-for-profit corporation incorporated

17  under chapter 617, Florida Statutes, and organized and

18  operated to conduct programs and activities; initiate

19  developmental projects; raise funds; request and receive

20  grants, gifts, and bequests of moneys; acquire, receive, hold,

21  invest, and administer, in its own name, securities, funds,

22  objects of value, or other property, real or personal; and

23  make expenditures to or for the direct or indirect benefit of

24  the state and for blind persons in this state.

25         (2)(a)  The Division of Blind Services is authorized to

26  organize and incorporate a direct-support organization

27  pursuant to the requirements of this section and chapter 617,

28  Florida Statutes, to accomplish the purposes and objectives

29  set forth in this section.

30         (b) The first board of seven members of the

31  direct-support organization shall be appointed by the

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 1  Governor. Two members shall be appointed to serve 2-year

 2  terms, three members shall be appointed to serve 3-year terms,

 3  and two members shall be appointed to serve 4-year terms.

 4  Thereafter, the board shall be self-appointed according to the

 5  established by-laws.

 6         (c)  The director of the division or his or her

 7  designee shall serve as an ex officio member of the board of

 8  the direct-support organization.

 9         (d)  The direct-support organization is subject to the

10  requirements of Section 24 of Article I of the State

11  Constitution, chapter 119, Florida Statutes, and section

12  286.011, Florida Statutes.

13         (e)  Upon the dissolution of the corporation, all

14  properties of the corporation revert to the division.

15         (f)  The direct-support organization shall maintain

16  donations and direct service expenditures in a bank account

17  outside of the State Treasury.

18         (g)  Any administrative costs of running and promoting

19  the purposes of the corporation must be paid by private funds.

20         (3)  The purposes and objectives of the direct-support

21  organization must be consistent with the priority issues and

22  objectives of the Department of Education and must be in the

23  best interests of the state, though the Division of Blind

24  Services may permit, without charge, the appropriate use of

25  property and facilities of the state by the direct-support

26  organization subject to this section. Such use must be

27  directly in keeping with the approved purposes of the

28  direct-support organization.

29         (4)  Funds designated for the direct-support

30  organization must be used for the enhancement of programs and

31  projects of the Division of Blind Services. All moneys

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 1  received by the direct-support organization must be deposited

 2  into an account of the direct-support organization and must be

 3  used by the organization in a manner consistent with the

 4  purposes and goals of the direct-support organization.

 5         (5)  The direct-support organization shall comply with

 6  the audit requirements of section 215.981, Florida Statutes.

 7         (6)  The director of the Division of Blind Services may

 8  designate employees of the division to solicit donations from

 9  public or private sources to fund the authorized purposes of

10  the direct-support organization.

11         Section 10.  Sections 413.061, 413.062, 413.063,

12  413.064, 413.065, 413.066, 413.067, 413.068, and 413.069,

13  Florida Statutes, are repealed.

14         Section 11.  This act shall take effect July 1, 2004.

15  

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                            CS/SB 1918

18                                 

19  Amends s. 413.08, F.S., related to rights of individuals with
    disabilities, use of service animals and discrimination.
20  
    Provides definitions for "housing accommodation," "individual
21  with a disability," "place of public accommodation," and
    "service animal."
22  
    Amends s. 413.081(5),F.S., to redefine "service animal."
23  Requires the Division of Blind Services to develop and
    implement a state plan for vocational rehabilitation services
24  for individuals who are blind and, in conjunction with the
    Florida Independent Living Council, develop and implement a
25  state plan for independent living services.

26  

27  

28  

29  

30  

31  

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