Senate Bill sb2918er

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  1                                 

  2         An act relating to the Florida School for the

  3         Deaf and the Blind; amending s. 11.45, F.S.;

  4         requiring the Auditor General to conduct audits

  5         of the accounts and records of the Florida

  6         School for the Deaf and the Blind; amending s.

  7         1001.20, F.S.; including the Florida School for

  8         the Deaf and Blind in the entities subject to

  9         inspection by the Department of Education's

10         Inspector General; amending s. 1002.36, F.S.,

11         relating to the Florida School for the Deaf and

12         the Blind; providing that the school is a

13         component of the delivery of public education

14         within Florida's K-20 education system;

15         requiring certain compliance; revising audit

16         requirements; revising provisions specifying

17         authority of the Board of Trustees for the

18         Florida School for the Deaf and the Blind to

19         perform certain actions; revising the power and

20         authority of the board of trustees; revising

21         duties of the board of trustees; amending s.

22         1011.55, F.S.; revising the procedure for

23         legislative budget requests of the Florida

24         School for the Deaf and the Blind; creating s.

25         1013.351, F.S.; providing definitions;

26         providing a policy statement concerning the

27         coordination of planning between the board of

28         trustees and local governments on property

29         acquired after a certain date; authorizing the

30         board of trustees to enter into an interlocal

31         agreement with the municipality where the


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 1         school is located; providing for the makeup of

 2         the interlocal agreement; requiring the

 3         submission of the interlocal agreement with the

 4         Office of Educational Facilities and the state

 5         land planning agency; providing for a review of

 6         the interlocal agreement by the office and the

 7         agency; providing for amendments of the

 8         interlocal agreement; authorizing an

 9         alternative process to the interlocal agreement

10         concerning expansion of the school's campus;

11         providing for improved coordination between the

12         board of trustees and the affected local

13         governments concerning future acquisitions of

14         real property; providing for the board of

15         trustees to request a determination of

16         consistency with the local government's

17         comprehensive plan and local development

18         regulations for the proposed use of property

19         acquired after a certain date; providing for a

20         local government that regulates land use to

21         make that determination; requiring that

22         disputes concerning the implementation of an

23         executed interlocal agreement be resolved in

24         accordance with ch. 164, F.S.; creating s.

25         1002.361, F.S.; authorizing the board of

26         trustees to create a direct-support

27         organization; requiring the organization to

28         operate under a contract with the board of

29         trustees; providing for the elements of the

30         contract; providing for audits of the

31         organization; providing for membership to the


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 1         board of directors of the organization;

 2         requiring the board of trustees to adopt rules;

 3         amending s. 413.011, F.S.; providing

 4         legislative policy and intent; providing duties

 5         of the Division of Blind Services; requiring

 6         the division to develop and implement a state

 7         plan for vocational rehabilitation services;

 8         requiring the division to develop and implement

 9         a state plan for independent living services;

10         providing for the division to purchase and

11         distribute specialized equipment without using

12         state centralized purchasing procedures;

13         exempting such equipment from certain record

14         and inventory requirements; creating a

15         children's program; requiring background

16         investigations of division personnel; requiring

17         division personnel and applicants for

18         employment to meet level 2 screening standards

19         as a condition of employment; redesignating the

20         Advisory Council for the Blind as the

21         Rehabilitation Council for the Blind; amending

22         ss. 413.014, 413.041, 413.051, and 413.091,

23         F.S.; modernizing terminology; requiring the

24         division to conduct a periodic survey of state

25         properties;  authorizing the division to create

26         a blind services direct-support organization;

27         providing purposes and objectives; providing

28         for members of the board of the direct-support

29         organization; providing that the organization

30         is subject to s. 24, Art. I of the State

31         Constitution, ch. 119, F.S., and s. 286.011,


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 1         F.S.; requiring expenses of the organization to

 2         be paid by private funds; providing guidelines

 3         for the use of the funds; repealing ss.

 4         413.061, 413.062, 413.063, 413.064, 413.065,

 5         413.066, 413.067, 413.068, and 413.069, F.S.,

 6         relating to permits for soliciting funds to

 7         benefit the blind; providing effective dates.

 8  

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

10  

11         Section 1.  Paragraphs (f) through (k) of subsection

12  (2) of section 11.45, Florida Statutes, are redesignated as

13  paragraphs (g) through (l), respectively, and a new paragraph

14  (f) is added to that subsection to read:

15         11.45  Definitions; duties; authorities; reports;

16  rules.--

17         (2)  DUTIES.--The Auditor General shall:

18         (f)  Annually conduct audits of the accounts and

19  records of the Florida School for the Deaf and the Blind.

20  

21  The Auditor General shall perform his or her duties

22  independently but under the general policies established by

23  the Legislative Auditing Committee. This subsection does not

24  limit the Auditor General's discretionary authority to conduct

25  other audits or engagements of governmental entities as

26  authorized in subsection (3).

27         Section 2.  Paragraph (e) of subsection (4) of section

28  1001.20, Florida Statutes, is amended to read:

29         1001.20  Department under direction of state board.--

30         (4)  The Department of Education shall establish the

31  following offices within the Office of the Commissioner of


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 1  Education which shall coordinate their activities with all

 2  other divisions and offices:

 3         (e)  Office of Inspector General.--Organized using

 4  existing resources and funds and responsible for promoting

 5  accountability, efficiency, and effectiveness and detecting

 6  fraud and abuse within school districts, the Florida School

 7  for the Deaf and the Blind, community colleges, and state

 8  universities in Florida. If the Commissioner of Education

 9  determines that a district school board, the Board of Trustees

10  for the Florida School for the Deaf the Blind, or a public

11  postsecondary educational institution board is unwilling or

12  unable to address substantiated allegations made by any person

13  relating to waste, fraud, or financial mismanagement, the

14  office shall conduct, coordinate, or request investigations

15  into substantiated allegations made by any person relating to

16  waste, fraud, or financial mismanagement within school

17  districts, the Florida School for the Deaf and the Blind,

18  community colleges, and state universities in Florida. The

19  office shall have access to all information and personnel

20  necessary to perform its duties and shall have all of its

21  current powers, duties, and responsibilities authorized in s.

22  20.055.

23         Section 3.  Subsections (1), (3), and (4) of section

24  1002.36, Florida Statutes, are amended to read:

25         1002.36  Florida School for the Deaf and the Blind.--

26         (1)  RESPONSIBILITIES.--The Florida School for the Deaf

27  and the Blind, located in St. Johns County, is a

28  state-supported residential public school for hearing-impaired

29  and visually impaired students in preschool through 12th

30  grade. The school is a component of the delivery of public

31  education within Florida's K-20 education system part of the


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 1  state system of public education and shall be funded through

 2  the Department of Education. The school shall provide

 3  educational programs and support services appropriate to meet

 4  the education and related evaluation and counseling needs of

 5  hearing-impaired and visually impaired students in the state

 6  who meet enrollment criteria. Unless otherwise provided by

 7  law, the school shall comply with all laws and rules

 8  applicable to state agencies. Education services may be

 9  provided on an outreach basis for sensory-impaired children

10  ages 0 through 5 years and their parents. Graduates of the

11  Florida School for the Deaf and the Blind shall be eligible

12  for the William L. Boyd, IV, Florida Resident Access Grant

13  Program as provided in s. 1009.89.

14         (3)  AUDITS.--The Auditor General shall conduct annual

15  audits of audit the accounts and records of the Florida School

16  for the Deaf and the Blind as provided in chapter 11. The

17  Department of Education's Inspector General is authorized to

18  conduct investigations at the school as provided in s.

19  1001.20(4)(e).

20         (4)  BOARD OF TRUSTEES.--

21         (a)  There is hereby created a Board of Trustees for

22  the Florida School for the Deaf and the Blind which shall

23  consist of seven members. Of these seven members, one

24  appointee shall be a blind person and one appointee shall be a

25  deaf person. Each member shall have been a resident of the

26  state for a period of at least 10 years. Their terms of office

27  shall be 4 years. The appointment of the trustees shall be by

28  the Governor with the confirmation of the Senate. The Governor

29  may remove any member for cause and shall fill all vacancies

30  that occur.

31  


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 1         (b)  The board of trustees shall elect a chair

 2  annually. The trustees shall be reimbursed for travel expenses

 3  as provided in s. 112.061, the accounts of which shall be paid

 4  by the Chief Financial Officer upon itemized vouchers duly

 5  approved by the chair.

 6         (c)  The board of trustees has authority to adopt rules

 7  pursuant to ss. 120.536(1) and 120.54 to implement provisions

 8  of law relating to operation of the Florida School for the

 9  Deaf and the Blind. Such rules shall be submitted to the State

10  Board of Education for approval or disapproval. After a rule

11  is approved If any rule is not disapproved by the State Board

12  of Education within 60 days of its receipt by the State Board

13  of Education, the rule shall be filed immediately with the

14  Department of State. The board of trustees shall act at all

15  times in conjunction with the rules of the State Board of

16  Education.

17         (d)  The board of trustees is a body corporate and

18  shall have a corporate seal. Unless otherwise provided by law,

19  all actions of the board of trustees shall be consistent with

20  all laws and rules applicable to state agencies. Title to any

21  gift, donation, or bequest received by the board of trustees

22  pursuant to subparagraph (e)11. subsection (5) shall vest in

23  the board of trustees. Title to all other property and other

24  assets of the Florida School for the Deaf and the Blind shall

25  vest in the State Board of Education, but the board of

26  trustees shall have complete jurisdiction over the management

27  of the school. and

28         (e)  The board of trustees is invested with full power

29  and authority to:

30  

31  


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 1         1.  Appoint a president, faculty, teachers, and other

 2  employees and remove the same as in its judgment may be best

 3  and fix their compensation.; to

 4         2.  Procure professional services, such as medical,

 5  mental health, architectural, and engineering., and legal

 6  services; to

 7         3.  Procure legal services without the prior written

 8  approval of the Attorney General.

 9         4.  Determine eligibility of students and procedure for

10  admission.; to

11         5.  Provide for the students of the school necessary

12  bedding, clothing, food, and medical attendance and such other

13  things as may be proper for the health and comfort of the

14  students without cost to their parents, except that the board

15  of trustees may set tuition and other fees for nonresidents.;

16  to

17         6.  Provide for the proper keeping of accounts and

18  records and for budgeting of funds.; to

19         7.  Enter into contracts. ; to

20         8.  Sue and be sued.; to

21         9.  Secure public liability insurance.; and to

22         10.  Do and perform every other matter or thing

23  requisite to the proper management, maintenance, support, and

24  control of the school at the highest efficiency economically

25  possible, the board of trustees taking into consideration the

26  purposes of the establishment.

27         11.(e)1.  The board of trustees is authorized to

28  Receive gifts, donations, and bequests of money or property,

29  real or personal, tangible or intangible, from any person,

30  firm, corporation, or other legal entity. However, the board

31  


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 1  of trustees may not obligate the state to any expenditure or

 2  policy that is not specifically authorized by law.

 3         2.  If the bill of sale, will, trust indenture, deed,

 4  or other legal conveyance specifies terms and conditions

 5  concerning the use of such money or property, the board of

 6  trustees shall observe such terms and conditions.

 7         12.3.  The board of trustees may Deposit outside the

 8  State Treasury such moneys as are received as gifts,

 9  donations, or bequests and may disburse and expend such

10  moneys, upon its own warrant, for the use and benefit of the

11  Florida School for the Deaf and the Blind and its students, as

12  the board of trustees deems to be in the best interest of the

13  school and its students. Such money or property shall not

14  constitute or be considered a part of any legislative

15  appropriation, and such money shall not be used to compensate

16  any person for engaging in lobbying activities before the

17  House of Representatives or Senate or any committee thereof.

18         13.4.  The board of trustees may Sell or convey by bill

19  of sale, deed, or other legal instrument any property, real or

20  personal, received as a gift, donation, or bequest, upon such

21  terms and conditions as the board of trustees deems to be in

22  the best interest of the school and its students.

23         14.5.  The board of trustees may Invest such moneys in

24  securities enumerated under s. 215.47(1), (2)(d), (3), (4),

25  and (9) s. 215.47, and in The Common Fund, an Investment

26  Management Fund exclusively for nonprofit educational

27  institutions.

28         (f)  The board of trustees shall:

29         1.  Prepare and submit legislative budget requests for

30  operations and fixed capital outlay, including fixed capital

31  outlay requests, in accordance with chapter 216 and ss. s.


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 1  1011.56 and 1013.60, to the Department of Education for review

 2  and approval. The department must analyze the amount requested

 3  for fixed capital outlay to determine if the request is

 4  consistent with the school's campus master plan, educational

 5  plant survey, and facilities master plan.

 6         2.  Approve and administer an annual operating budget

 7  in accordance with ss. 1011.56 and 1011.57.

 8         3.  Require all funds received other than gifts,

 9  donations, bequests, funds raised by or belonging to student

10  clubs or student organizations, and funds held for specific

11  students or in accounts for individual students to be

12  deposited in the State Treasury and expended as authorized in

13  the General Appropriations Act.

14         4.  Require all purchases to be in accordance with the

15  provisions of chapter 287.

16         5.2.  Administer and maintain personnel programs for

17  all employees of the board of trustees and the Florida School

18  for the Deaf and the Blind who shall be state employees,

19  including the personnel classification and pay plan

20  established in accordance with ss. 110.205(2)(d) and

21  216.251(2)(a)2. for academic and academic administrative

22  personnel, the provisions of chapter 110, and the provisions

23  of law that grant authority to the Department of Management

24  Services over such programs for state employees.

25         6.  Give preference in appointment and retention in

26  positions of employment as provided within s. 295.07(1).

27         7.  Ensure that the Florida School for the Deaf and the

28  Blind complies with s. 1013.351 concerning the coordination of

29  planning between the Florida School for the Deaf and the Blind

30  and local governing bodies.

31  


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 1         8.  Ensure that the Florida School for the Deaf and the

 2  Blind complies with s. 112.061 concerning per diem and travel

 3  expenses of public officers, employees, and authorized

 4  persons.

 5         9.3.  Adopt a master plan which specifies the mission

 6  and objectives of the Florida School for the Deaf and the

 7  Blind. The plan shall include, but not be limited to,

 8  procedures for systematically measuring the school's progress

 9  toward meeting its objectives, analyzing changes in the

10  student population, and modifying school programs and services

11  to respond to such changes. The plan shall be for a period of

12  5 years and shall be reviewed for needed modifications every 2

13  years. The board of trustees shall submit the initial plan and

14  subsequent modifications to the Speaker of the House of

15  Representatives and the President of the Senate.

16         4.  Seek the advice of the Division of Public Schools

17  within the Department of Education.

18         10.(g)  The Board of Trustees for the Florida School

19  for the Deaf and the Blind, located in St. Johns County, shall

20  Designate a portion of the school as "The Verle Allyn Pope

21  Complex for the Deaf," in tribute to the late Senator Verle

22  Allyn Pope.

23         Section 4.  Section 1011.55, Florida Statutes, is

24  amended to read:

25         1011.55  Procedure for legislative budget requests for

26  the Florida School for the Deaf and the Blind.--

27         (1)  The legislative budget request of the Florida

28  School for the Deaf and the Blind shall be prepared using the

29  same format, procedures, and timelines required for the

30  submission of the legislative budget of the Department of

31  Education. The Florida School for the Deaf and the Blind shall


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 1  submit its legislative budget request to the Department of

 2  Education for review and approval. Subsequent to the

 3  Department of Education's approval, the Commissioner of

 4  Education shall include the Florida School for the Deaf and

 5  the Blind in the department's legislative budget request to

 6  the State Board of Education, the Governor, and the

 7  Legislature. The legislative budget request and the

 8  appropriation for the Florida School for the Deaf and the

 9  Blind shall be a separate identifiable sum in the public

10  schools budget entity of the Department of Education. The

11  annual appropriation for the school shall be distributed

12  monthly in payments as nearly equal as possible.

13  Appropriations for textbooks, instructional technology, and

14  school buses may be released and distributed as necessary to

15  serve the instructional program for the students.

16         (2)  The school shall submit its fixed capital outlay

17  request to the Department of Education for review and approval

18  in accordance with s. 1002.36(4)(f)1. Subsequent to the

19  department's approval, the school's request shall be included

20  within the department's public education capital outlay

21  legislative budget request Fixed capital outlay needs of the

22  school shall continue to be requested in the public education

23  capital outlay legislative budget request of the Department of

24  Education.

25         Section 5.  Section 1013.351, Florida Statutes, is

26  created to read:

27         1013.351  Coordination of planning between the Florida

28  School for the Deaf and the Blind and local governing

29  bodies.--

30         (1)  As used in this section, the term:

31  


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 1         (a)  "Board of Trustees" means the Board of Trustees of

 2  the Florida School for the Deaf and the Blind.

 3         (b)  "Local government" means the municipality or

 4  county in which the school is located.

 5         (c)  "School" means the Florida School for the Deaf and

 6  the Blind.

 7         (2)  It is the policy of this state to require the

 8  board of trustees to coordinate planning for new facilities

 9  with local governments to ensure that plans for site

10  acquisition, construction, and opening of new facilities of

11  the school are facilitated, concurrent with other necessary

12  services. The planning shall include the integration of the

13  educational plant survey for the school and applicable

14  policies and procedures of the board of trustees with the

15  local comprehensive plan and land development regulations of

16  the local governments. The planning must consider the effect

17  of the location of new facilities to be located on property

18  acquired on or after January 1, 1998, including the efficient

19  use of local infrastructure, the proximity of the proposed new

20  facilities to the school's existing campus, and the effect and

21  impact of any property proposed to be acquired by the school

22  after the effective date of this act. In addition, all parties

23  to the planning process must consult with state and local road

24  departments to assist in implementing the Safe Paths to

25  Schools Program administered by the Department of

26  Transportation.

27         (3)  The board of trustees and the municipality in

28  which the school is located may enter into an interlocal

29  agreement to establish the specific ways in which the plans

30  and processes of the board of trustees and the local

31  government are to be coordinated. If the school and local


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 1  government enter into an interlocal agreement, the agreement

 2  must be submitted to the state land planning agency and the

 3  Office of Educational Facilities.

 4         (4)  At a minimum, an interlocal agreement must address

 5  the following issues:

 6         (a)  The process by which each local government and the

 7  board of trustees will agree and base their plans on

 8  consistent projections of the growth and needs of the school's

 9  student enrollment.

10         (b)  A process to coordinate and share information

11  relating to planned expansions of the school's facilities.

12         (c)  Participation by affected local governments when

13  the board of trustees is evaluating potential land

14  acquisitions before the land acquisition occurs and when the

15  board of trustees proposes uses for property acquired by the

16  board of trustees on or after January 1, 1998. The local

17  governments shall advise the board of trustees as to the

18  consistency of any future land acquisitions and the uses

19  proposed by the school for lands acquired on or after January

20  1, 1998, including appropriate circumstances and criteria

21  under which the board of trustees may request an amendment to

22  the comprehensive plan for the expansion of the school's

23  campus or for school facilities to be located on property

24  acquired by the board of trustees on or after January 1, 1998.

25         (d)  A process for determining the need for and timing

26  of onsite and offsite improvements to support new facilities

27  that are to be located on property acquired by the board of

28  trustees on or after January 1, 1998, except new facilities

29  for which a construction contract was entered on or before the

30  effective date of this act. The process shall address

31  


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 1  identification of the party or parties responsible for the

 2  improvements.

 3         (e)  A process for the board of trustees to inform

 4  local governments of the school's enrollment demographics and

 5  its capacity to meet it. The capacity reporting must identify

 6  how the board of trustees will meet the demands for enrollment

 7  at the school, based on the educational plant survey required

 8  by s. 1013.31.

 9         (f)  A process for determining where and how joint use

10  of the school or local government facilities can be shared for

11  mutual benefit and efficiency.

12         (g)  A procedure for resolving disputes between the

13  board of trustees and local governments, which may include the

14  dispute resolution processes contained in chapters 164 and

15  186.

16  

17  The board of trustees and the local governments may choose not

18  to include a provision meeting the requirements of paragraph

19  (e). However, this decision may be made only after a public

20  hearing on the proposed decision, which may include the public

21  hearing at which the board of trustees or the local

22  governments adopt the interlocal agreements. An interlocal

23  agreement entered into under this section must be consistent

24  with the adopted comprehensive plan and land development

25  regulations of the local governments.

26         (5)(a)  The Office of Educational Facilities shall

27  submit any comments or concerns regarding the executed

28  interlocal agreements to the state land planning agency no

29  later than 30 days after receipt of the executed interlocal

30  agreements. The state land planning agency shall review the

31  executed interlocal agreements to determine whether it is


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 1  consistent with the requirements of subsection (4), the

 2  adopted local government comprehensive plans, and other

 3  requirements of law. Not later than 60 days after receipt of

 4  an executed interlocal agreement, the state land planning

 5  agency shall publish a notice of intent in the Florida

 6  Administrative Weekly. The notice of intent must state that

 7  the interlocal agreement is consistent or inconsistent with

 8  the requirements of subsection (4) and this subsection as

 9  appropriate.

10         (b)1.  The state land planning agency's notice is

11  subject to challenge under chapter 120. However, an affected

12  person, as defined in s. 163.3184, has standing to initiate

13  the administrative proceeding, and this proceeding is the sole

14  means available to challenge the consistency of an interlocal

15  agreement with the criteria contained in subsection (4) and

16  this subsection. In order to have standing, a person must have

17  submitted oral or written comments, recommendations, or

18  objections to the appropriate local government or the board of

19  trustees before the adoption of the interlocal agreement by

20  the board of trustees and local government. The board of

21  trustees and the appropriate local government are parties to

22  any such proceeding.

23         2.  In the administrative proceeding, if the state land

24  planning agency finds the interlocal agreement to be

25  consistent with the criteria in subsection (4) and this

26  subsection, the interlocal agreement must be determined to be

27  consistent with subsection (4) and this subsection if the

28  local government and board of trustees is fairly debatable.

29         3.  If the state land planning agency finds the

30  interlocal agreement to be inconsistent with the requirements

31  of subsection (4) and this subsection, the determination of


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 1  consistency by the local government and board of trustees

 2  shall be sustained unless it is shown by a preponderance of

 3  the evidence that the interlocal agreement is inconsistent.

 4         (c)  If the state land planning agency enters a final

 5  order that finds that the interlocal agreement is inconsistent

 6  with the requirements of subsection (4) or this subsection,

 7  the state land planning agency shall identify the issues in

 8  dispute and submit the matter to the Administration Commission

 9  for final action. The report to the Administration Commission

10  must list each issue in dispute, describe the nature and basis

11  for each dispute, identify alternative resolutions of each

12  dispute, and make recommendations. After receiving the report

13  from the state land planning agency, the Administration

14  Commission shall take action to resolve the issues. In

15  deciding upon a proper resolution, the Administration

16  Commission shall consider the nature of the issues in dispute,

17  the compliance of the parties with this section, the extent of

18  the conflict between the parties, the comparative hardships,

19  and the public interest involved. In resolving the matter, the

20  Administration Commission may prescribe, by order, the

21  contents of the interlocal agreement which shall be executed

22  by the board of trustees and the local government.

23         (6)  An interlocal agreement may be amended under

24  subsections (2)-(5):

25         (a)  In conjunction with updates to the school's

26  educational plant survey prepared under s. 1013.31; or

27         (b)  If either party delays by more than 12 months the

28  construction of a capital improvement identified in the

29  agreement.

30         (7)  This section does not prohibit a local governing

31  body and the board of trustees from agreeing and establishing


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 1  an alternative process for reviewing proposed expansions to

 2  the school's campus and offsite impacts, under the interlocal

 3  agreement adopted in accordance with subsections (2)-(6).

 4         (8)  School facilities within the geographic area or

 5  the campus of the school as it existed on or before January 1,

 6  1998, are consistent with the local government's comprehensive

 7  plan developed under part II of chapter 163 and consistent

 8  with the plan's implementing land development regulations.

 9         (9)  To improve coordination relative to potential

10  educational facility sites, the board of trustees shall

11  provide written notice to the local governments consistent

12  with the interlocal agreements entered under subsections

13  (2)-(6) at least 60 days before the board of trustees acquires

14  any additional property. The local government shall notify the

15  board of trustees no later than 45 days after receipt of this

16  notice if the site proposed for acquisition is consistent with

17  the land use categories and policies of the local government's

18  comprehensive plan. This preliminary notice does not

19  constitute the local government's determination of consistency

20  under subsection (10).

21         (10)  As early in the design phase as feasible, but no

22  later than 90 days before commencing construction, the board

23  of trustees shall request in writing a determination of

24  consistency with the local government's comprehensive plan and

25  local development regulations for the proposed use of any

26  property acquired by the board of trustees on or after January

27  1, 1998. The local governing body that regulates the use of

28  land shall determine, in writing, no later than 45 days after

29  receiving the necessary information and a school board's

30  request for a determination, whether a proposed use of the

31  property is consistent with the local comprehensive plan and


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 1  consistent with local land development regulations. If the

 2  local governing body determines the proposed use is

 3  consistent, construction may commence and additional local

 4  government approvals are not required, except as provided in

 5  this section. Failure of the local governing body to make a

 6  determination in writing within 90 days after receiving the

 7  board of trustees' request for a determination of consistency

 8  shall be considered an approval of the board of trustee's

 9  application. This subsection does not apply to facilities to

10  be located on the property if a contract for construction of

11  the facilities was entered on or before the effective date of

12  this act.

13         (11)  Disputes that arise in the implementation of an

14  executed interlocal agreement or in the determinations

15  required pursuant to subsection (9) or subsection (10) must be

16  resolved in accordance with chapter 164.

17         Section 6.  Effective July 1, 2005, section 1002.361,

18  Florida Statutes, is created to read:

19         1002.361  Florida School for the Deaf and the Blind;

20  direct-support organization; authority.--

21         (1)  The board of trustees of the Florida School for

22  the Deaf and the Blind may establish a direct-support

23  organization that is:

24         (a)  A Florida corporation, not for profit,

25  incorporated under chapter 617 and approved by the Secretary

26  of State.

27         (b)  Organized and operated exclusively to receive,

28  hold, invest, and administer property and to make expenditures

29  to or for the benefit of the Florida School for the Deaf and

30  the Blind or the board of trustees.

31  


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 1         (c)  An organization that the board of trustees, after

 2  review, has certified to be operating in a manner consistent

 3  with the goals of the Florida School for the Deaf and the

 4  Blind and the board of trustees and in the best interests of

 5  the state. Unless so certified, the organization may not use

 6  the name of the Florida School for the Deaf and the Blind.

 7         (2)  The direct-support organization shall operate

 8  under written contract with the board of trustees. The

 9  contract must provide for:

10         (a)  Approval of the articles of incorporation and

11  bylaws of the direct-support organization by the board of

12  trustees.

13         (b)  Submission of an annual budget for the approval of

14  the board of trustees. The budget must comply with rules

15  adopted by the board of trustees.

16         (c)  Certification by the board of trustees that the

17  direct-support organization is complying with the terms of the

18  contract and in a manner consistent with the goals and

19  purposes of the board and in the best interest of the state.

20  The certification must be made annually and reported in the

21  official minutes of a meeting of the board of trustees.

22         (d)  The reversion to the board of trustees, or to the

23  state if the Florida School for the Deaf and the Blind or the

24  board of trustees cease to exist, of moneys and property held

25  in trust by the direct-support organization for the benefit of

26  the Florida School for the Deaf and the Blind or the board of

27  trustees, if the direct-support organization is no longer

28  approved to operate for the Florida School for the Deaf and

29  the Blind or board of trustees or if the Florida School for

30  the Deaf and the Blind or the board of trustees ceases to

31  exist.


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 1         (e)  The fiscal year of the direct-support

 2  organization, which must begin July 1 of each year and end

 3  June 30 of the following year.

 4         (f)  The disclosure of material provisions of the

 5  contract and of the distinction between the board of trustees

 6  and the direct-support organization to donors of gifts,

 7  contributions, or bequests, and the disclosure on all

 8  promotional and fundraising publications.

 9         (3)  The direct-support organization shall provide for

10  an annual financial audit in accordance with s. 215.981. The

11  board of trustees and Auditor General may require and receive

12  from the organization or its independent auditor any detail or

13  supplemental data relative to the operation of the

14  organization.

15         (4)  The chair of the board of trustees and the chief

16  administrative employee of the Florida School for the Deaf and

17  the Blind shall be directors of the direct-support

18  organization and shall jointly name, at a minimum, three other

19  individuals to serve as directors of the organization.

20         (5)  The board of trustees may authorize the

21  direct-support organization established in this section to use

22  property of the Florida School for the Deaf and the Blind or

23  of the board of trustees, except money, and use facilities and

24  personal services subject to this section. If the

25  direct-support organization does not provide equal employment

26  opportunities to all persons regardless of race, color,

27  religion, gender, age, or national origin, it may not use the

28  property, facilities, or personal services of the Florida

29  School for the Deaf and the Blind or of the board of trustees.

30  For the purposes of this section, the term "personal services"

31  includes full-time personnel and part-time personnel as well


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 1  as payroll processing as prescribed by rule of the board of

 2  trustees. The board of trustees shall adopt rules prescribing

 3  the procedures by which the direct-support organization is

 4  governed and any conditions with which a direct-support

 5  organization must comply to use property, facilities, or

 6  personal services of the Florida School for the Deaf and the

 7  Blind or of the board of trustees.

 8         Section 7.  Section 413.011, Florida Statutes, is

 9  amended to read:

10         413.011  Division of Blind Services, legislative

11  policy, intent; internal organizational structure and powers;

12  Rehabilitation Advisory Council for the Blind.--

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

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

15  be carried out in a manner consistent with the following

16  principles:

17         (a)  Respect for individual dignity, personal

18  responsibility, self-determination to live independently, and

19  pursuit of meaningful careers, based on informed choice;

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

21  representative if an individual requests, desires, or needs

22  such support;

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

24  access, including the use of information in accessible

25  formats; and

26         (d)  Integration and full participation of individuals

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

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

29  coordinated program of services which will be available to

30  individuals throughout this state who are blind. The program

31  must be designed to maximize employment opportunities for such


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 1  individuals and to increase their independence and

 2  self-sufficiency.

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

 4  Division of Blind Services shall be designed for the purpose

 5  of ensuring the greatest possible efficiency and effectiveness

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

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

 8  carry out the following activities:

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

10  out the purposes of this section.

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

12  rehabilitation services for individuals who are blind,

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

14  amended.

15         (c)  In conjunction with the Florida Independent Living

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

17  independent living services and provide independent living

18  services for blind and visually impaired individuals,

19  including services for older individuals who are blind,

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

21  1973, as amended.

22         (d)  Provide services that contribute to the

23  maintenance of or the increased independence of older

24  individuals who are blind.

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

26  adjustment center or centers to provide independent living

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

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

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

30  communication skills, including the use of computer

31  technology, to prepare individuals who are blind or visually


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 1  impaired for eventual vocational training, job placement, and

 2  independence.

 3         (f)  Establish and implement a small business

 4  enterprises program and serve as the state licensing agency

 5  for individuals who are blind, pursuant to the federal

 6  Randolph-Sheppard Act.

 7         (g)  Purchase and distribute specialized equipment,

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

 9  directly from specialty vendors without using state

10  centralized purchasing procedures.

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

12  provide library services to persons who are blind and persons

13  who have other print-related disabilities.

14         (i)  In cooperation with other appropriate agencies,

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

16  education agencies technical assistance in the provision of

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

18  and their parents in complying with the Americans with

19  Disabilities Act and the Individuals with Disabilities

20  Education Act, as amended.

21         (j)  Provide technical assistance to agencies within

22  the state in order to assure that information technology

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

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

25  purchased or used.

26         (k)  Participate, through the designation of the

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

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

29  of coordinating and planning services.

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

31  division.


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

 2  federal agency to support the programs of the division.

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

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

 5  that the division determines falls within its scope of

 6  responsibility.

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

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

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

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

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

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

13  is confidential and exempt from the provisions of s.

14  119.07(1).

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

16  preventive measures, and provide for the examination and

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

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

19  including necessary incidental expenses.

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

21  trades and occupations within their capacities, assist them in

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

23  them in obtaining funds for establishing enterprises where

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

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

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

27  workshops for the employment of suitable blind persons; make

28  expenditures of funds for such purposes; receive moneys from

29  sales of commodities involved in such activities and from such

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

31  replacements of equipment. All of the activities provided for


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

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

 3  furnished by the division shall remain the property of the

 4  state.

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

 6  blind for developing their social life through community

 7  activities and recreational facilities.

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

 9  ameliorate the condition of blind citizens of this state.

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

11  private, especially the National Library Service for the

12  Division of the Blind and Physically Handicapped of the

13  Library of Congress and the Division of Library and

14  Information Services of the Department of State, to provide

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

16  disabilities the blind and other handicapped persons as

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

18  all of the provisions of this law.

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

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

21  and individuals.

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

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

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

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

26  specifically authorized by law.  All such moneys or properties

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

28  disbursed and expended by the division upon its own warrant

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

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

31  


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 1  legislative appropriation made by the state for the purpose of

 2  carrying out the provisions of this law.

 3         (w)(k)  Prepare and make available to the blind, in

 4  braille and on electronic recording equipment, Florida

 5  Statutes chapters 20, 120, 121, and 413, in their entirety.

 6         (x)(l)  Adopt by rule:

 7         1.  Procedures for providing vocational rehabilitation

 8  services for the blind; and.

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

10  by the division in its general administration.

11         (4)(2)  As used in this section, the term:

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

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

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

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

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

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

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

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

20  from 5 years of age through transition to the Vocational

21  Rehabilitation Program. This program must supplement services

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

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

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

25  part of the program in order to foster independence.

26         (6)  A state agency may use funds from all possible

27  sources to make accommodations for individuals who are blind.

28         (7)  The division shall require all employees and

29  applicants for employment to undergo personnel screening and

30  security background investigations as provided in chapter 435,

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


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 1  chapter, as a condition of employment and continued

 2  employment. All division employees and applicants for

 3  employment must meet level 2 screening standards as provided

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

 5  continued employment.

 6         (8)(3)  There is hereby created in the department the

 7  Rehabilitation Advisory Council for the Blind, which is an

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

 9  division in the planning and development of statewide

10  vocational rehabilitation programs and services pursuant to

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

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

13  functions provided in this section.

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

15         1.  At least one representative of the Independent

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

17  designee of the council;

18         2.  At least one representative of a parent training

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

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

21  1431(c)(9);

22         3.  At least one representative of the client

23  assistance program established under the act;

24         4.  At least one vocational rehabilitation counselor

25  who has knowledge of and experience in vocational

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

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

28  an employee of the department;

29         5.  At least one representative of community

30  rehabilitation program service providers;

31  


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 1         6.  Four representatives of business, industry, and

 2  labor;

 3         7.  At least one representative of a disability

 4  advocacy group representing individuals who are blind;

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

 6  advocate, or authorized representative of an individual who is

 7  blind, has multiple disabilities, and either has difficulties

 8  representing himself or herself or is unable, due to

 9  disabilities, to represent himself or herself;

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

11  vocational rehabilitation services; and

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

13  officio member of the council.

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

15  Governor, who shall select members after soliciting

16  recommendations from representatives of organizations

17  representing a broad range of individuals who have

18  disabilities, and organizations interested in those

19  individuals.

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

21  are:

22         1.  Blind; and

23         2.  Not employed by the division.

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

25  membership.

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

27  of not more than 3 years, except that:

28         1.  A member appointed to fill a vacancy occurring

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

30  was appointed shall be appointed for the remainder of such

31  term; and


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 1         2.  The terms of service of the members initially

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

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

 4  terms on a staggered basis.

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

 6  two consecutive full terms.

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

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

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

10  remaining members to execute the duties of the council.

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

12  this section, the council shall:

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

14  the performance of the responsibilities of the division under

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

16         a.  Eligibility, including order of selection;

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

18  provided; and

19         c.  Functions performed by state agencies that affect

20  or potentially affect the ability of individuals who are blind

21  to achieve rehabilitation goals and objectives under Title I.

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

23  discretion of the department or division, assist in the

24  preparation of applications, the state plan, the strategic

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

26  and evaluations required by Title I.

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

28  analysis of the effectiveness of, and consumer satisfaction

29  with:

30  

31  


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 1         a.  The functions performed by state agencies and other

 2  public and private entities responsible for performing

 3  functions for individuals who are blind.

 4         b.  Vocational rehabilitation services:

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

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

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

 8  private entities responsible for providing vocational

 9  rehabilitation services to individuals who are blind.

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

11  of vocational rehabilitation services for the blind in the

12  state to the Governor and the Commissioner of the

13  Rehabilitative Services Administration, established under s.

14  702 of the act, and make the report available to the public.

15         5.  Coordinate with other councils within the state,

16  including the Independent Living Council, the advisory panel

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

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

19  Planning Council described in s. 124 of the Developmental

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

21  6024, and the state mental health planning council established

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

23  300X-4(e).

24         6.  Advise the department and division and provide for

25  coordination and the establishment of working relationships

26  among the department, the division, the Independent Living

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

28         7.  Perform such other functions consistent with the

29  purposes of the act as the council determines to be

30  appropriate that are comparable to functions performed by the

31  council.


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

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

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

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

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

 6  resources in existence during the period of implementation of

 7  the plan.

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

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

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

11  disagreement shall be resolved by the Governor.

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

13  and evaluate such staff and other personnel as may be

14  necessary to carry out its functions.

15         4.  While assisting the council in carrying out its

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

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

18  create a conflict of interest.

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

20  any matter that would provide direct financial benefit to the

21  member or otherwise give the appearance of a conflict of

22  interest under state law.

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

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

25  council deems necessary to conduct council business. The

26  council may conduct such forums or hearings as the council

27  considers appropriate. The meetings, hearings, and forums

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

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

30  each meeting which shall include a record of its discussions

31  


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 1  and recommendations, all of which reports shall be made

 2  available to the public.

 3         Section 8.  Section 413.014, Florida Statutes, is

 4  amended to read:

 5         413.014  Community Community-based rehabilitation

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

 7  cooperative agreements with community community-based

 8  rehabilitation programs as defined by the Rehabilitation Act

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

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

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

12  community community-based rehabilitation programs. The goal

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

14  division employees and to increase to the maximum extent

15  allowed by federal law the amount of such services provided

16  through cooperative agreements with community community-based

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

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

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

20  matching contributions from community and private sources

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

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

23  rehabilitation grant apportioned for services to the blind may

24  shall be not be less than 17 percent.

25         Section 9.  Section 413.041, Florida Statutes, is

26  amended to read:

27         413.041  Eligible blind persons; placement in vending

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

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

30  Services is hereby authorized to carry on activities to

31  promote the employment of eligible blind persons, including


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 1  the licensing and establishment of such persons as operators

 2  of vending facilities on public property.  The said division

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

 4  furtherance of the provisions of the Act of Congress entitled

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

 6  buildings by blind persons, to enlarge the economic

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

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

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

10  providing for the rehabilitation of the blind which is that

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

12  Congress.

13         Section 10.  Subsections (1), (2), (4), (7), and (9),

14  of section 413.051, Florida Statutes, are amended to read:

15         413.051  Eligible blind persons; operation of vending

16  stands.--

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

18  Little Randolph Sheppard Act.

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

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

21  and licensed by the Division of Blind Services of the

22  Department of Education to operate a vending stand.

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

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

25  manually operated facility for the sale of newspapers,

26  periodicals, confections, tobacco products, foods, beverages,

27  or other such articles or services.

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

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

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

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


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

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

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

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

 5  responsible for the maintenance, operation, and protection of

 6  any state property.

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

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

 9  where feasible, shall establish vending facilities to be

10  operated by blind licensees.

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

12  granted any concession by any property custodian or person in

13  charge to operate a vending stand on any state property

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

15  of that proposed concession.

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

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

18  any manner, to divest any person or organization presently

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

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

21  custodian or person in charge shall notify the Division of

22  Blind Services at least 180 days prior to the expiration

23  whether the such vending facility location is suitable for

24  operation by a blind licensee.

25         Section 11.  Section 413.091, Florida Statutes, is

26  amended to read:

27         413.091  Identification cards.--

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

29  of Education shall is hereby empowered to issue identification

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

31  the written request of such individual.


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

 2  specified by the division.

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

 4  content of the identification card and shall develop and adopt

 5  promulgate rules, regulations, and procedures relating to the

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

 7  these identification cards.

 8         Section 12.  Blind services direct-support

 9  organization.--

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

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

12  under chapter 617, Florida Statutes, and organized and

13  operated to conduct programs and activities; initiate

14  developmental projects; raise funds; request and receive

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

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

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

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

19  the state and for blind persons in this state.

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

21  organize and incorporate a direct-support organization

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

23  Florida Statutes, to accomplish the purposes and objectives

24  set forth in this section.

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

26  direct-support organization shall be appointed by the

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

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

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

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

31  established by-laws.


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

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

 3  the direct-support organization.

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

 5  requirements of Section 24 of Article I of the State

 6  Constitution, chapter 119, Florida Statutes, and section

 7  286.011, Florida Statutes.

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

 9  properties of the corporation revert to the division.

10         (f)  The direct-support organization shall maintain

11  donations and direct service expenditures in a bank account

12  outside of the State Treasury.

13         (g)  Any administrative costs of running and promoting

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

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

16  organization must be consistent with the priority issues and

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

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

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

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

21  organization subject to this section. Such use must be

22  directly in keeping with the approved purposes of the

23  direct-support organization.

24         (4)  Funds designated for the direct-support

25  organization must be used for the enhancement of programs and

26  projects of the Division of Blind Services. All moneys

27  received by the direct-support organization must be deposited

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

29  used by the organization in a manner consistent with the

30  purposes and goals of the direct-support organization.

31  


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

 2  the audit requirements of section 215.981, Florida Statutes.

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

 4  designate employees of the division to solicit donations from

 5  public or private sources to fund the authorized purposes of

 6  the direct-support organization.

 7         Section 13.  Sections 413.061, 413.062, 413.063,

 8  413.064, 413.065, 413.066, 413.067, 413.068, and 413.069,

 9  Florida Statutes, are repealed.

10         Section 14.  Except as otherwise expressly provided in

11  this act, this act shall take effect upon becoming a law.

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

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31  


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