Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1784
       
       
       
       
       
       
                                Ì704798aÎ704798                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/17/2020           .                                
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       Appropriations Subcommittee on Education (Gainer) recommended
       the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (20) through (27) of section
    6  413.20, Florida Statutes, are redesignated as subsections (21)
    7  through (28), respectively, and a new subsection (20) is added
    8  to that section, to read:
    9         413.20 Definitions.—As used in this part, the term:
   10         (20)“Preemployment transition services” means the services
   11  of job exploration counseling, work-based learning experiences,
   12  counseling on comprehensive transition or postsecondary
   13  education programs, workplace readiness training, and
   14  instruction in self-advocacy as required by the Workforce
   15  Innovation and Opportunity Act of 2014, which may be provided to
   16  students with disabilities who are eligible or potentially
   17  eligible for vocational rehabilitation services.
   18         Section 2. Present paragraph (d) of subsection (4) of
   19  section 413.207, Florida Statutes, is redesignated as paragraph
   20  (e), a new paragraph (d) and paragraph (f) are added to that
   21  subsection, and paragraph (a) of that subsection is amended, to
   22  read:
   23         413.207 Division of Vocational Rehabilitation; quality
   24  assurance; performance improvement plan.—
   25         (4) By December 1 of each year, the division shall submit a
   26  performance report to the Governor, the President of the Senate,
   27  and the Speaker of the House of Representatives which includes
   28  the following information for each of the 5 most recent fiscal
   29  years:
   30         (a) Caseload data, by service type and service area,
   31  including the number of individuals who apply for services and
   32  the timeframes in which eligibility is determined, plans are
   33  developed, and services are provided who receive services, by
   34  service type, reported statewide and by service area.
   35         (d)Matching fund data, including the sources and amounts
   36  of matching funds received by the division and the extent to
   37  which the state is meeting its cost-sharing requirements.
   38         (f)Transition services data, including preemployment
   39  transition services, for students and youth with disabilities by
   40  service type, including expenditure data on a statewide and
   41  service area basis, employment outcomes achieved by youth
   42  served, and postsecondary enrollment rates.
   43         Section 3. Section 413.23, Florida Statutes, is amended to
   44  read:
   45         413.23 Administration.—The division shall provide
   46  vocational rehabilitation services to persons who have
   47  disabilities determined to be eligible therefor and
   48  preemployment transition services to persons potentially
   49  eligible for such services and, in carrying out the purposes of
   50  this part, is authorized, among other things:
   51         (1) To cooperate with other departments, agencies, public
   52  and private and institutions, both public and private, and
   53  providers in providing for the vocational rehabilitation and
   54  preemployment transition services of persons who have
   55  disabilities, in studying the problems involved therein, and in
   56  establishing, developing, and providing, in conformity with the
   57  purposes of this part, such programs, facilities, and services
   58  as may be necessary or desirable;
   59         (2) To enter into reciprocal agreements with other states
   60  to provide for the vocational rehabilitation of residents of the
   61  states concerned;
   62         (3) To conduct research and compile statistics relating to
   63  the vocational rehabilitation of persons who have disabilities;
   64         (4) To prepare a federally required state plan for
   65  vocational rehabilitation, as required by the act. The state
   66  plan must contain all of the elements required by s. 101 of the
   67  act, including an assessment of the needs of persons who have
   68  disabilities and how those needs may be most effectively met.
   69  The division is authorized to make amendments to the state plan
   70  considered necessary to maintain compliance with the act and to
   71  implement such changes in order to qualify for and maintain
   72  federal funding. After completion of the state plan or making
   73  amendments to the state plan, the division must distribute
   74  copies of the state plan to the Governor, the President of the
   75  Senate, the Speaker of the House of Representatives, and the
   76  United States Secretary of Education.
   77         Section 4. Subsections (3) and (5) of section 413.30,
   78  Florida Statutes, are amended to read:
   79         413.30 Eligibility for vocational rehabilitation services.—
   80         (3) An individual is presumed to benefit in terms of an
   81  employment outcome from vocational rehabilitation services under
   82  this part unless the division can demonstrate by clear and
   83  convincing evidence that the individual is incapable of
   84  benefiting from vocational rehabilitation services in terms of
   85  an employment outcome. Before making such a determination, the
   86  division must consider the individual’s abilities, capabilities,
   87  and capacity to perform in a work situation through the use of
   88  trial work experiences. Trial work experiences include supported
   89  employment, on-the-job training, or other work experiences using
   90  realistic work settings. Under limited circumstances, if an
   91  individual cannot take advantage of trial work experiences or if
   92  options for trial work experiences have been exhausted, the
   93  division shall conduct an extended evaluation, not to exceed 18
   94  months. The evaluation must determine the eligibility of the
   95  individual and the nature and scope of needed vocational
   96  rehabilitation services. The extended evaluation must be
   97  reviewed once every 90 days to determine whether the individual
   98  is eligible for vocational rehabilitation services.
   99         (5) When the division determines that an individual is
  100  eligible for vocational rehabilitation services, the division
  101  must complete an assessment for determining eligibility and
  102  vocational rehabilitation needs and ensure that an
  103  individualized plan for employment is prepared within a
  104  reasonable period of time, not to exceed 90 days after the date
  105  of eligibility determination, unless unforeseen circumstances
  106  beyond the control of the division prevent the division from
  107  completing the assessment and individualized plan for employment
  108  within the 90-day timeframe and the division and the individual
  109  agree that an extension of time is warranted.
  110         (a) Each individualized plan for employment must be jointly
  111  developed, agreed upon, and signed by the vocational
  112  rehabilitation counselor or coordinator and the eligible
  113  individual or, in an appropriate case, a parent, family member,
  114  guardian, advocate, or authorized representative, of the
  115  individual.
  116         (b) The division must ensure that each individualized plan
  117  for employment is designed to achieve the specific employment
  118  outcome of the individual, consistent with the unique strengths,
  119  resources, priorities, concerns, abilities, and capabilities of
  120  the individual, and otherwise meets the content requirements for
  121  an individualized plan for employment as set out in federal law
  122  or regulation.
  123         (c) Each individualized plan for employment shall be
  124  reviewed annually, at which time the individual, or the
  125  individual’s parent, guardian, advocate, or authorized
  126  representative, shall be afforded an opportunity to review the
  127  plan and jointly redevelop and agree to its terms. Each plan
  128  shall be revised as needed.
  129         Section 5. Section 413.301, Florida Statutes, is created to
  130  read:
  131         413.301Preemployment transition services.—
  132         (1)Preemployment transition services shall be provided to
  133  an individual with disabilities who is between 14 and 21 years
  134  of age; who is potentially eligible for vocational
  135  rehabilitation services in a secondary, postsecondary, or other
  136  recognized education program; and who:
  137         (a)Has a current individual education plan developed by a
  138  local school board in accordance with rules of the State Board
  139  of Education; or
  140         (b)Meets the definition of an individual with a disability
  141  for the purposes of s. 504 of the Rehabilitation Act of 1973.
  142         (2)When the division receives documentation that an
  143  individual meets the conditions described in subsection (1), the
  144  division must provide preemployment transition services within a
  145  reasonable period of time, not to exceed 90 days after the date
  146  that it receives an individual’s consent or, for a minor, a
  147  parent’s or legal guardian’s consent, to receive services,
  148  unless unforeseen circumstances beyond the control of the
  149  division prevent the division from providing services within the
  150  90-day timeframe and the division and the individual or, for a
  151  minor, a parent or legal guardian agree that an extension of
  152  time is warranted.
  153         (3)If the division is unable to provide preemployment
  154  transition services within the timeframe required in subsection
  155  (2), the division must, upon the request of the individual, or
  156  for a minor, a parent or legal guardian, work with other
  157  qualified providers to provide such services.
  158         Section 6. Paragraph (h) of subsection (1) and paragraph
  159  (d) of subsection (9) of section 413.405, Florida Statutes, are
  160  amended to read:
  161         413.405 Florida Rehabilitation Council.—There is created
  162  the Florida Rehabilitation Council to assist the division in the
  163  planning and development of statewide rehabilitation programs
  164  and services, to recommend improvements to such programs and
  165  services, and to perform the functions listed in this section.
  166         (1) The council shall be composed of:
  167         (h) Current or former applicants for, or recipients of,
  168  vocational rehabilitation services, including preemployment
  169  transition services.
  170         (9) In addition to the other functions specified in this
  171  section, the council shall, after consulting with the board of
  172  directors of CareerSource Florida, Inc.:
  173         (d) To the extent feasible, conduct a review and analysis
  174  of the effectiveness of, and consumer satisfaction with:
  175         1. The functions performed by state agencies and other
  176  public and private entities responsible for performing functions
  177  for individuals who have disabilities.
  178         2. Vocational rehabilitation services:
  179         a. Provided or paid for from funds made available under the
  180  act or through other public or private sources.
  181         b. Provided by state agencies and other public and private
  182  entities responsible for providing vocational rehabilitation
  183  services to individuals who have disabilities.
  184         3.Preemployment transition services:
  185         a.Provided or paid for from funds made available under the
  186  act or through other public or private sources.
  187         b.Provided by state agencies and other public and private
  188  entities responsible for providing preemployment transition
  189  services to students who have disabilities.
  190         4.3. The employment outcomes achieved by eligible
  191  individuals receiving services under this part, including the
  192  availability of health or other employment benefits in
  193  connection with those employment outcomes; alignment with labor
  194  market demands in the state; and for youth who have
  195  disabilities, the availability of career pathways, including
  196  work-based learning experiences and customized employment.
  197         Section 7. Section 413.41, Florida Statutes, is amended to
  198  read:
  199         413.41 Cooperation by division with state agencies.—
  200         (1) The division is hereby authorized to cooperate with
  201  other agencies of state government or with any nonprofit,
  202  charitable corporations or foundations concerned with the
  203  problems of persons who have disabilities. The division may
  204  provide disability evaluation, work capacity appraisal, and
  205  appraisal of vocational rehabilitation potential of persons who
  206  have disabilities for other public agencies pursuant to
  207  agreements made with such agencies. The division may charge the
  208  agencies contracting for these services the actual cost thereof.
  209         (2)(a)The division shall enter into a formal interagency
  210  agreement with the state education agency that provides for the
  211  transition of students who have disabilities, including
  212  preemployment transition services and other vocational
  213  rehabilitation services as required by s. 101(a)(11)(D) of the
  214  Rehabilitation Act of 1973, as amended. The formal interagency
  215  agreement shall comply with the requirements of 34 C.F.R. s.
  216  361.22(b).
  217         (b)The division shall work with all local educational
  218  agencies to provide vocational rehabilitation services,
  219  including preemployment transition services, to students with
  220  disabilities. Such services may also include any preemployment
  221  transition coordination activities, such as attending individual
  222  education plan meetings for students with disabilities or
  223  attending person-centered planning meetings for students with
  224  disabilities who are receiving services under Title XIX of the
  225  Social Security Act. The division and local educational agencies
  226  must arrange for the timely referral of students for services,
  227  including electronic referral as prescribed by the division.
  228         Section 8. Subsections (2) through (6) and (8) and
  229  paragraphs (h) and (j) of subsection (9) of section 413.615,
  230  Florida Statutes, are amended to read:
  231         413.615 Florida Endowment for Vocational Rehabilitation.—
  232         (2) DEFINITIONS.—For the purposes of this section:
  233         (a) “Board” means the board of directors of the Florida
  234  Endowment Foundation for the Division of Vocational
  235  Rehabilitation within the Department of Education.
  236         (b) “Endowment fund” means an account established within
  237  the Florida Endowment Foundation for the Division of Vocational
  238  Rehabilitation within the Department of Education to provide a
  239  continuing and growing source of revenue for vocational
  240  rehabilitation efforts.
  241         (c) “Foundation” means the Florida Endowment Foundation for
  242  the Division of Vocational Rehabilitation within the Department
  243  of Education.
  244         (d) “Operating account” means an account established under
  245  paragraph (4)(c) (4)(d) to carry out the purposes provided in
  246  subsection (10).
  247         (3) LEGISLATIVE INTENT.—The Legislature recognizes that it
  248  is in the best interest of the citizens of this state that
  249  citizens with disabilities be afforded a fair opportunity to
  250  become self-supporting, productive members of society. However,
  251  there is a critical need for significant additional funding to
  252  achieve this goal. Accordingly, the Legislature further finds
  253  and declares that:
  254         (a) With skilled evaluation procedures and proper
  255  rehabilitative treatment, plus employment, training, and
  256  supportive services consistent with the needs of the individual,
  257  persons who are disabled can assume the activities of daily
  258  living and join their communities with dignity and independence.
  259         (b) The purpose of this section is to broaden the
  260  participation and funding potential for further significant
  261  support for the vocational rehabilitation of Florida citizens
  262  who are disabled.
  263         (c) It is appropriate to encourage individual and corporate
  264  support and involvement, as well as state support and
  265  involvement, to promote employment opportunities for disabled
  266  citizens.
  267         (4) REVENUE FOR THE ENDOWMENT FUND.—
  268         (a) The endowment fund of the Florida Endowment for the
  269  Division of Vocational Rehabilitation within the Department of
  270  Education is created as a long-term, stable, and growing source
  271  of revenue to be administered, in accordance with rules
  272  promulgated by the division, by the foundation as a direct
  273  support organization of the Division of Vocational
  274  Rehabilitation within the Department of Education.
  275         (b) The principal of the endowment fund shall derive from
  276  any legislative appropriations which may be made to the
  277  endowment, and such bequests, gifts, grants, and donations as
  278  may be solicited for such purpose by the foundation from public
  279  or private sources.
  280         (c)All remaining liquid balances of funds held for
  281  investment and reinvestment by the State Board of Administration
  282  for the endowment fund on the effective date of this act shall
  283  be transmitted to the foundation within 60 days for use as
  284  provided in subsection (10).
  285         (c)(d) The board of directors of the foundation shall
  286  establish the operating account and shall deposit therein the
  287  moneys transmitted pursuant to paragraph (c). Moneys in the
  288  operating account shall be available to carry out the purposes
  289  of subsection (10).
  290         (d)(e) Funds received from state sources shall be accounted
  291  for separately from bequests, gifts, grants, and donations which
  292  may be solicited for such purposes by the foundation from public
  293  or private sources. Earnings on funds received from state
  294  sources and funds received from public or private sources shall
  295  be accounted for separately.
  296         (5) THE FLORIDA ENDOWMENT FOUNDATION FOR VOCATIONAL
  297  REHABILITATION.—The Florida Endowment Foundation for Vocational
  298  Rehabilitation is hereby created as a direct-support
  299  organization of the Division of Vocational Rehabilitation within
  300  the Department of Education, to encourage public and private
  301  support to enhance vocational rehabilitation and employment of
  302  citizens who are disabled. As a direct-support organization, the
  303  foundation shall operate under contract with the division and
  304  shall:
  305         (a) Be a Florida corporation not for profit incorporated
  306  under the provisions of chapter 617 and approved by the
  307  Department of State.
  308         (b) Be organized and operated exclusively to raise funds;
  309  to submit requests and receive grants from the Federal
  310  Government, the state, private foundations, and individuals; to
  311  receive, hold, and administer property; and to make expenditures
  312  to or for the benefit of the rehabilitation programs approved by
  313  the board of directors of the foundation.
  314         (c) Be approved by the division to be operating for the
  315  benefit and best interest of the state.
  316         (6) DIRECT-SUPPORT ORGANIZATION CONTRACT.—The contract
  317  between the foundation and the division shall provide for:
  318         (a) Approval of the articles of incorporation of the
  319  foundation by the division.
  320         (b) Governance of the foundation by a board of directors
  321  appointed by the Governor.
  322         (c) Submission of an annual budget of the foundation for
  323  approval by the division. The division may not approve an annual
  324  budget that does not comply with paragraph (9)(j).
  325         (d) Approval Certification by the division, after an annual
  326  financial and performance review, that the foundation is
  327  operating in compliance with the terms of the contract and the
  328  rules of the division, and in a manner consistent with the goals
  329  of the Legislature in providing assistance to disabled citizens.
  330         (e) The release and conditions of the expenditure of any
  331  state revenues.
  332         (f) The orderly cessation of operations and reversion to
  333  the state of funds held in trust by the foundation if the
  334  contract is terminated, the foundation is dissolved, or this
  335  section is repealed.
  336         (g) The fiscal year of the foundation, to begin on July 1
  337  and end on June 30 of each year.
  338         (8) BOARD OF DIRECTORS.—The foundation shall be
  339  administered by a board of directors, as follows:
  340         (a) Membership.—The board of directors shall consist of the
  341  director of the Division of Vocational Rehabilitation within the
  342  Department of Education, or his or her designee, who shall serve
  343  as an ex officio member, and nine other members who have an
  344  interest in service to persons with disabilities and who:
  345         1. Have skills in foundation work or other fundraising
  346  activities, financial consulting, or investment banking or other
  347  related experience; or
  348         2. Have experience in policymaking or management-level
  349  positions or have otherwise distinguished themselves in the
  350  field of business, industry, or rehabilitation.
  351  
  352  Disabled individuals who meet the above criteria shall be given
  353  special consideration for appointment.
  354         (b) Appointment.—The board members shall be appointed by
  355  the Governor.
  356         (c) Terms.—Board members shall serve for two 3-year terms
  357  or until resignation or removal for cause. A board member may
  358  continue to serve until a successor is appointed.
  359         (d) Filling of vacancies.—In the event of a vacancy on the
  360  board caused by other than the expiration of a term, a new
  361  member shall be appointed.
  362         (e) Removal for cause.—Each member is accountable to the
  363  Governor for the proper performance of the duties of office. The
  364  Governor may remove any member from office for malfeasance,
  365  misfeasance, neglect of duty, incompetence, or permanent
  366  inability to perform official duties or for pleading nolo
  367  contendere to, or being found guilty of, a crime.
  368         (9) ORGANIZATION, POWERS, AND DUTIES.—Within the limits
  369  prescribed in this section or by rule of the division:
  370         (h) The board shall establish an operating account as
  371  provided in paragraph (4)(c) (4)(d).
  372         (j) Administrative costs shall be kept to the minimum
  373  amount necessary for the efficient and effective administration
  374  of the foundation and are limited to 15 percent of total actual
  375  estimated expenditures in any fiscal calendar year.
  376  Administrative costs include payment of travel and per diem
  377  expenses of board members, officer salaries, chief executive
  378  officer program management, audits, salaries or other costs for
  379  nonofficers and contractors providing services that are not
  380  directly related to the mission of the foundation as described
  381  in subsection (5), costs of promoting the purposes of the
  382  foundation, all travel and per diem expenses of board members,
  383  officers’ salaries, chief executive officer program management,
  384  and other allowable costs. Administrative costs may be paid from
  385  the following sources:
  386         1.Interest and earnings on the endowment principal for the
  387  2017-2018 fiscal year.
  388         2.Private sources and up to 75 percent of interest and
  389  earnings on the endowment principal for the 2018-2019 fiscal
  390  year.
  391         3.Private sources and up to 50 percent of interest and
  392  earnings on the endowment principal for the 2019-2020 fiscal
  393  year.
  394         1.4. Private sources and up to 25 percent of interest and
  395  earnings on the endowment principal for the 2020-2021 fiscal
  396  year.
  397         2.5. Solely private sources for the 2021-2022 fiscal year
  398  and thereafter.
  399         Section 9. Paragraph (c) of subsection (2) of section
  400  1003.5716, Florida Statutes, is amended to read:
  401         1003.5716 Transition to postsecondary education and career
  402  opportunities.—All students with disabilities who are 3 years of
  403  age to 21 years of age have the right to a free, appropriate
  404  public education. As used in this section, the term “IEP” means
  405  individual education plan.
  406         (2) Beginning not later than the first IEP to be in effect
  407  when the student attains the age of 16, or younger if determined
  408  appropriate by the parent and the IEP team, the IEP must include
  409  the following statements that must be updated annually:
  410         (c) A statement of appropriate measurable long-term
  411  postsecondary education and career goals based upon age
  412  appropriate transition assessments related to training,
  413  education, employment, and, if appropriate, independent living
  414  skills and the transition services, including preemployment
  415  transition services and courses of study needed to assist the
  416  student in reaching those goals.
  417         Section 10. This act shall take effect July 1, 2020.
  418  
  419  ================= T I T L E  A M E N D M E N T ================
  420  And the title is amended as follows:
  421         Delete everything before the enacting clause
  422  and insert:
  423                        A bill to be entitled                      
  424         An act relating to vocational rehabilitation services;
  425         amending s. 413.20, F.S.; defining the term
  426         “preemployment transition services”; amending s.
  427         413.207, F.S.; revising information that the Division
  428         of Vocational Rehabilitation must include in its
  429         annual performance report to the Governor and the
  430         Legislature; amending s. 413.23, F.S.; requiring the
  431         division to provide preemployment transition services
  432         to potentially eligible persons; amending s. 413.30,
  433         F.S.; removing provisions relating to trial work
  434         evaluation requirements; requiring the division to
  435         assess the service needs of eligible individuals
  436         within a specified period; providing for an extension
  437         of time for the division’s assessment under certain
  438         circumstances; creating s. 413.301, F.S.; requiring
  439         preemployment transition services to be provided to
  440         certain individuals with disabilities under certain
  441         conditions; requiring that the division provide such
  442         services within a reasonable period of time under
  443         certain circumstances; requiring the division to work
  444         with qualified providers to provide such services
  445         under certain circumstances; amending s. 413.405,
  446         F.S.; revising the composition of the Florida
  447         Rehabilitation Council; revising the responsibilities
  448         of the council to conform to changes made by the act;
  449         amending s. 413.41, F.S.; requiring the division to
  450         enter into a formal interagency agreement with the
  451         state education agency for certain purposes; requiring
  452         that such agreement meet specified requirements;
  453         requiring the division to work with local educational
  454         agencies to provide specified services and arrange for
  455         timely referrals; amending s. 413.615, F.S.; revising
  456         definitions and legislative intent; revising
  457         provisions relating to revenue for the endowment fund
  458         of the Florida Endowment for Vocational
  459         Rehabilitation; revising provisions relating to the
  460         board of directors of the Florida Endowment
  461         Foundation; revising provisions relating to
  462         administrative costs of the foundation; amending s.
  463         1003.5716, F.S.; requiring that a student’s individual
  464         education plan contain a statement regarding
  465         preemployment transition services; providing an
  466         effective date.