The 1995 Florida Statutes

CHAPTER 413: VOCATIONAL REHABILITATION

413.011 Division of Blind Services, internal organizational structure; Advisory Council for the Blind. ---

(1) The internal organizational structure of the Division of Blind Services shall be designed for the purpose of insuring the greatest possible efficiency and effectiveness of services to the blind and to be consistent with chapter 20. The Division of Blind Services shall plan, supervise, and carry out the following activities:

(a) Recommend personnel as may be necessary to carry out the purposes of this section.

(b) Cause to be compiled and maintained a complete register of the blind in the state, which shall describe the condition, cause of blindness, and capacity for education and industrial training, with such other facts as may seem to the division to be of value. Any information in the register of the blind which, when released, could identify an individual is confidential and exempt from the provisions of s. 119.07(1). This exemption is subject to the Open Government Sunset Review Act in accordance with [Footnote 1] s. 119.14.

(c) Inquire into the cause of blindness, inaugurate preventive measures, and provide for the examination and treatment of the blind, or those threatened with blindness, for the benefit of such persons, and shall pay therefor, including necessary incidental expenses.

(d) Aid the blind in finding employment, teach them trades and occupations within their capacities, assist them in disposing of products made by them in home industries, assist them in obtaining funds for establishing enterprises where federal funds reimburse the state, and do such things as will contribute to the efficiency of self-support of the blind.

(e) Establish one or more training schools and workshops for the employment of suitable blind persons; make expenditures of funds for such purposes; receive moneys from sales of commodities involved in such activities and from such funds make payments of wages, repairs, insurance premiums and replacements of equipment. All of the activities provided for in this section may be carried on in cooperation with private workshops for the blind, except that all tools and equipment furnished by the division shall remain the property of the state.

(f) Provide special services and benefits for the blind for developing their social life through community activities and recreational facilities.

(g) Undertake such other activities as may ameliorate the condition of blind citizens of this state.

(h) Cooperate with other agencies, public or private, especially the Division of the Blind and Physically Handicapped of the Library of Congress and the Division of Library and Information Services of the Department of State, to provide library service to the blind and other handicapped persons as defined in federal law and regulations in carrying out any or all of the provisions of this law.

(i) Recommend contracts and agreements with federal, state, county, municipal and private corporations, and individuals.

(j) Receive moneys or properties by gift or bequest from any person, firm, corporation, or organization for any of the purposes herein set out, but without authority to bind the state to any expenditure or policy except such as may be specifically authorized by law. All such moneys or properties so received by gift or bequest as herein authorized may be disbursed and expended by the division upon its own warrant for any of the purposes herein set forth, and such moneys or properties shall not constitute or be considered a part of any legislative appropriation made by the state for the purpose of carrying out the provisions of this law.

(k) Prepare and make available to the blind, in braille and on electronic recording equipment, Florida Statutes chapters 20, 120, 121, and 413, in their entirety.

(2) There is hereby created in the Department of Labor and Employment Security the Advisory Council for the Blind. The council shall be advisory to the director of the Division of Blind Services, and the division shall provide necessary staff assistance to the council. The council shall consist of nine members appointed by the Secretary of Labor and Employment Security. At least three members shall be blind persons. Appointment shall be for terms of 4 years. No person or persons in the employ of the state shall be eligible for membership on the council. Each member of the council shall have been a citizen and elector of this state for not less than 5 years immediately preceding the date of his appointment. Council members may be replaced because of poor attendance or lack of participation in the work of the council. A vacancy shall be filled for the remainder of the unexpired term in the same manner as an initial appointment. The members shall elect from among the membership a chairperson and a vice chairperson who shall each serve for a term of 1 year. No member shall be elected to consecutive terms as chairperson. Members shall receive no compensation for their services, but shall be reimbursed for travel expenses as provided in s. 112.061. The council shall meet at the call of its chairperson, at the request of a majority of its membership, at the request of the division, or at such times as may be prescribed by its rules. History: s. 1, ch. 20714, 1941; s. 1, ch. 21779, 1943; ss. 20, 34, ch. 26937, 1951; s. 1, ch. 61-210; s. 19, ch. 63-400; s. 1, ch. 67-463; ss. 10, 19, 35, ch. 69-106; s. 116, ch. 71-355; s. 157, ch. 71-377; s. 2, ch. 77-259; s. 4, ch. 78-323; ss. 1, 2, 3, ch. 81-58; ss. 1, 4, ch. 82-46; s. 2, ch. 83-265; s. 66, ch. 86-163; s. 2, ch. 88-303; s. 1, ch. 91-12; s. 10, ch. 91-49; ss. 1, 2, 3, ch. 91-52; s. 5, ch. 91-429; s. 8, ch. 95-327. [Footnote 1] Note. A. Repealed by s. 1, ch. 95-217. B. Section 4, ch. 95-217, provides that "notwithstanding any provision of law to the contrary, exemptions from chapter 119, Florida Statutes, or chapter 286, Florida Statutes, which are prescribed by law and are specifically made subject to the Open Government Sunset Review Act in accordance with section 119.14, Florida Statutes, are not subject to review under that act, and are not abrogated by the operation of that act, after October 1, 1995." Note. Former s. 409.26.

413.012 Confidential records disclosure prohibited; exemptions. ---

(1) All records furnished to the Division of Blind Services in connection with state or local vocational rehabilitation programs and containing information as to personal facts about applicants or clients given or made available to the state or local vocational rehabilitation agency or its representatives or employees in the course of the administration of the program, including lists of names and addresses and records of evaluations of clients, are confidential and exempt from the provisions of s. 119.07(1).

(2) It is unlawful for any person to disclose, authorize the disclosure, solicit, receive, or make use of any list of names and addresses or any record containing any information set forth in subsection (1) and maintained in the division. The prohibition provided for in this subsection shall not apply to the use of such information for purposes directly connected with the administration of the vocational rehabilitation program or with the monthly dispatch to the Division of Driver Licenses of the Department of Highway Safety and Motor Vehicles of the name in full, place and date of birth, sex, social security number, and resident address of individuals with central visual acuity 20/200 or less in the better eye with correcting glasses, or a disqualifying field defect in which the peripheral field has contracted to such an extent that the widest diameter or visual field subtends an angular distance no greater than 20 degrees. When requested in writing by an applicant or client, or his representative, the Division of Blind Services shall release confidential information to the applicant or client or his representative.

(3) Any person who violates a provision of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(4) The exemptions contained in this section are subject to the Open Government Sunset Review Act in accordance with [Footnote 1] s. 119.14. History: s. 1, ch. 65-507; ss. 19, 35, ch. 69-106; s. 1, ch. 71-41; s. 356, ch. 71-136; s. 289, ch. 77-147; s. 3, ch. 77-259; s. 173, ch. 79-400; s. 2, ch. 91-12; s. 77, ch. 91-224. [Footnote 1] Note. A. Repealed by s. 1, ch. 95-217. B. Section 4, ch. 95-217, provides that "notwithstanding any provision of law to the contrary, exemptions from chapter 119, Florida Statutes, or chapter 286, Florida Statutes, which are prescribed by law and are specifically made subject to the Open Government Sunset Review Act in accordance with section 119.14, Florida Statutes, are not subject to review under that act, and are not abrogated by the operation of that act, after October 1, 1995."

413.013 Destruction of records. ---

The Division of Blind Services may authorize the destruction of any correspondence, documents, or other records when the subject matter involved has been closed or terminated and their preservation is not required by federal or state law, rule, or regulation. No such material shall be destroyed unless specific authority is given by the division and unless said records have been in the possession of the division 5 or more years prior to their destruction. History: s. 1, ch. 65-508; ss. 19, 35, ch. 69-106; s. 290, ch. 77-147; s. 4, ch. 77-259; s. 174, ch. 79-400.

413.014 Community-based rehabilitation programs. ---

The Division of Blind Services shall enter into cooperative agreements with community-based rehabilitation programs to be the service providers for the blind citizens of their communities. The division shall, as rapidly as feasible, increase the amount of such services provided by community-based rehabilitation programs. The goal shall be to decrease the amount of such services provided by division employees and to increase to the maximum extent allowed by federal law the amount of such services provided through cooperative agreements with community-based service providers. The division shall seek, to the maximum extent allowed by federal and state law and regulation, all available federal funds for such purposes. Funds and in-kind matching contributions from community and private sources shall be used to maximize federal funds. Unless prohibited by federal law or regulation, the share of the federal vocational rehabilitation grant apportioned for services to the blind shall be not less than 17 percent. History: s. 16, ch. 95-327.

413.021 Products and services by blind persons; sale, exhibition regulated. ---

(1) When appearing in the Florida Statutes "blind person" shall mean an individual having central visual acuity 20/200 or less in the better eye with correcting glasses, or a disqualifying field defect in which the peripheral field has contracted to such an extent that the widest diameter or visual field subtends an angular distance no greater than 20 degrees.

(2) For the purposes of the Florida Statutes no representation shall be made that a product or service is "blind-made" unless the manufacturer employs blind persons to an extent constituting not less than 75 percent of the total hours worked by personnel engaged in the direct labor of production of manufactured blind-made products, or services. Direct labor production shall mean all work required for the preparation, processing and packing but not including supervision, administration, inspection and shipping, or the production of the materials from which the finished product is manufactured.

(3) No person or organization shall sell, distribute, or exhibit any product or service which purports or is advertised to be "blind-made," unless the Division of Blind Services shall certify that such product or service complies with the provisions of subsection (2).

(4) Any person, including the officers, owners, or members of any corporation or organization that violates the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. History: ss. 1, 2, 3, 4, ch. 28029, 1953; s. 2, ch. 61-210; ss. 19, 35, ch. 69-106; s. 357, ch. 71-136; s. 291, ch. 77-147; s. 5, ch. 77-259; s. 78, ch. 91-224. Note. Former ss. 413.09, 409.261.

413.031 Products, purchase by state agencies and institutions. ---

(1) DEFINITIONS. When used in this section:

(a) "Accredited nonprofit workshop" means a Florida workshop which has been certified by either the Division of Blind Services, for workshops concerned with blind persons, or the Department of Health and Rehabilitative Services, when other handicapped persons are concerned, and such "workshop" means a place where any article is manufactured or handwork is carried on and which is operated for the primary purpose of providing employment to severely handicapped individuals, including the blind, who cannot be readily absorbed in the competitive labor market.

(b) "Handicapped" means an individual so severely disabled physically, or mentally, as to be unable to enter private industry on a competitive basis, but who can be made employable through an accredited nonprofitmaking agency for the handicapped, and which individual is over the age of 16 years.

(2) State institutions and agencies shall, where possible, purchase brooms, mops, rugs, rubber mats and other supplies (other than the products of prison labor) from sheltered Florida workshops operated by accredited nonprofit corporations, provided that such goods and supplies are of standard quality and price.

(3) When convenience or emergency requires it, the Department of Health and Rehabilitative Services may upon request of the purchasing officer of any institution or agency relieve him from the obligation of this section.

(4) No state agency or institution shall purchase products or supplies purporting to be made by physically handicapped persons in workshops not certified under the provisions of this section.

(5) Any purchasing officer who violates the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. History: s. 1, ch. 29663, 1955; s. 2, ch. 61-210; ss. 19, 35, ch. 69-106; s. 358, ch. 71-136; s. 6, ch. 77-259; s. 9, ch. 79-12; s. 175, ch. 79-400; s. 79, ch. 91-224. Note. Former s. 409.262.

413.032 Purpose. ---

The purpose of this act is to further the policy of the state to encourage and assist blind and other severely handicapped individuals to achieve maximum personal independence through useful, productive, and gainful employment by assuring an expanded and constant market for their products and services, thereby enhancing their dignity and capacity for self-support and minimizing their dependence on welfare and need for costly institutionalization. History: s. 1, ch. 74-236; s. 4, ch. 78-323; ss. 6, 7, ch. 81-11; ss. 1, 4, ch. 82-46; ss. 3, 4, ch. 88-37; s. 5, ch. 91-429.

413.033 Definitions. ---

As used in ss. 413.032-413.037:

(1) "Blind" means an individual having central visual acuity of 20/200 or less in the better eye with correcting glasses or a disqualifying field defect in which the peripheral field has contracted to such an extent that the widest diameter or visual field subtends an angular distance no greater than 20 degrees.

(2) "Other severely handicapped" and "severely handicapped individuals" mean an individual or class of individuals under a physical or mental disability other than blindness, which, according to criteria established by the commission created in s. 413.034, after consultation with appropriate entities of the state and taking into account the views of nongovernmental entities representing the handicapped, constitutes a substantial handicap to employment and is of such a nature as to prevent the individual under such disability from currently engaging in normal competitive employment.

(3) "Qualified nonprofit agency for the blind" means an agency:

(a) Organized under the laws of the United States or of this state, operated in the interest of blind individuals, the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual;

(b) Which complies with any applicable occupational health and safety standard prescribed by the Secretary of Labor of the United States;

(c) Which, in the production of commodities and the provision of services, whether or not the commodities or services are procured under ss. 413.032-413.037, during the fiscal year employs blind individuals for not less than 75 percent of the man-hours of direct labor required for the production or provision of the commodities or services; and

(d) Which meets the criteria for determining nonprofit status under the provisions of s. 196.195 and is registered and in good standing as a charitable organization with the Department of State under the provisions of [Footnote 1] chapter 496.

(4) "Qualified nonprofit agency for other severely handicapped" means an agency:

(a) Organized under the laws of the United States or of this state, operated in the interest of severely handicapped individuals who are not blind, the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual;

(b) Which complies with any applicable occupational health and safety standard prescribed by the Secretary of Labor of the United States;

(c) Which, in the production of commodities and in the provision of services, whether or not the commodities or services are procured under ss. 413.032-413.037, during the fiscal year employs blind or other severely handicapped individuals for not less than 75 percent of the man-hours of direct labor required for the production or provision of the commodities or services; and

(d) Which meets the criteria for determining nonprofit status under the provisions of s. 196.195 and is registered and in good standing as a charitable organization with the Department of State under the provisions of [Footnote 1] chapter 496.

(5) "Direct labor" includes all work required for preparation, processing, and packing, but not supervision, administration, inspection, and shipping.

(6) "Agency" includes any political subdivision of the state having its own purchasing agency, such as a county, municipality, school district, or other public body, that is supported in whole or in part by funds appropriated by the Legislature. History: s. 2, ch. 74-236; s. 4, ch. 78-323; ss. 1, 6, 7, ch. 81-11; ss. 1, 4, ch. 82-46; ss. 3, 4, ch. 88-37; s. 5, ch. 91-429. [Footnote 1] Note. Sections comprising ch. 496 as referenced were repealed by s. 3, ch. 89-205.

413.034 Commission established; membership. ---

(1) There is created within the Department of Management Services the Commission for Purchase from the Blind or Other Severely Handicapped, to be composed of the secretary of the Department of Management Services; the director of the Division of Vocational Rehabilitation of the Department of Labor and Employment Security, who shall be an ex officio member with voting rights; the director of the Division of Blind Services of the Department of Labor and Employment Security; and four members to be appointed by the Governor, which four members shall be an executive director of a nonprofit agency for the blind, an executive director of a nonprofit agency for other severely handicapped persons, a representative of private enterprise, and a representative of other political subdivisions. All appointed members shall serve for terms of 4 years. Appointed commission members shall serve subject to confirmation by the Senate.

(2) The members of the commission shall elect one of their members to serve as chairman. Any nonappointed member may designate a representative of his agency or department to represent him at any meeting of the commission. The commission shall meet at the call of its chairman, at the request of a majority of its membership, at the request of the Department of Management Services, or at such times as may be prescribed by its rules.

(3) Members of the commission shall not be entitled to compensation for their services as members, but shall be reimbursed for travel expenses as provided in s. 112.061.

(4) Each appointed member is accountable to the Governor for the proper performance of the duties of his office. The Governor shall cause to be investigated any complaint or unfavorable report received concerning an action of the commission or any member and shall take appropriate action thereon. The Governor may remove from office any appointed member for malfeasance, misfeasance, neglect of duty, incompetence, permanent inability to perform official duties, or pleading guilty or nolo contendere to, or being found guilty of, a felony. History: s. 3, ch. 74-236; s. 1, ch. 76-264; s. 7, ch. 77-259; s. 4, ch. 78-323; ss. 2, 6, 7, ch. 81-11; ss. 1, 4, ch. 82-46; ss. 1, 3, 4, ch. 88-37; s. 2, ch. 91-220; s. 5, ch. 91-429; s. 308, ch. 92-279; s. 55, ch. 92-326; s. 9, ch. 95-327.

413.035 Duties and powers of the commission. ---

(1) It shall be the duty of the commission to determine the market price of all products and services offered for sale to the various agencies of the state by any qualified nonprofit agency for the blind or other severely handicapped. The price shall recover for the nonprofit agency the cost of raw materials, labor, overhead, and delivery, but without profit, and shall be revised from time to time in accordance with changing cost factors. The commission shall make such rules and regulations regarding specifications, time of delivery, and assignment of products and services to be supplied by nonprofit agencies for the blind or by agencies for the other severely handicapped, with priority for assignment of products to agencies for the blind, authorization of a central nonprofit agency to facilitate the allocation of orders among qualified nonprofit agencies for the blind, authorization of a central nonprofit agency to facilitate the allocation of orders among qualified nonprofit agencies for other severely handicapped, and other relevant matters of procedure as shall be necessary to carry out the purposes of this act. The commission shall authorize the purchase of products and services elsewhere when requisitions cannot reasonably be complied with through the nonprofit agencies for the blind and other severely handicapped.

(2) The commission shall establish and publish a list of products and services provided by any qualified nonprofit agency for the blind and any nonprofit agency for the other severely handicapped, which the commission determines are suitable for procurement by agencies of the state pursuant to this act. This procurement list and revision thereof shall be distributed to all purchasing officers of the state and its political subdivisions. History: s. 4, ch. 74-236; s. 1, ch. 77-174; s. 4, ch. 78-323; ss. 3, 6, 7, ch. 81-11; ss. 1, 4, ch. 82-46; ss. 3, 4, ch. 88-37; s. 5, ch. 91-429.

413.036 Procurement of services by agencies; authority of commission. ---

If any agency intends to procure any product or service on the procurement list, that agency shall, in accordance with rules and regulations of the commission, procure such product or service at the price established by the commission from a qualified nonprofit agency for the blind or for the other severely handicapped if the product or service is available within a reasonable delivery time. This act shall not apply in any case in which products or services are available for procurement from any agency of the state and procurement therefrom is required under the provision of any law currently in effect. However, this act shall have precedence over any law requiring state agency procurement of products or services from any other nonprofit corporation unless such precedence is waived by the commission in accordance with its rules. History: s. 5, ch. 74-236; s. 4, ch. 78-323; ss. 4, 6, 7, ch. 81-11; ss. 1, 4, ch. 82-46; ss. 2, 3, 4, ch. 88-37; s. 5, ch. 91-429.

413.037 Cooperation with commission required; duties of state agencies. ---

(1) In furtherance of the purposes of this act and in order to contribute to the economy of state government, it is the intent of the Legislature that there be close cooperation between the commission and any agency of the state from which procurement of products or services is required under the provision of any law currently in effect. The commission and any such agency of the state are authorized to enter into such contractual agreements, cooperative working relationships, or other arrangements as may be determined to be necessary for effective coordination and efficient realization of the objectives of this act and any other law requiring procurement of products or services from any agency of the state.

(2) The commission may secure directly from any agency of the state information necessary to enable it to carry out this act. Upon request of the chairman of the commission, the head of the agency shall furnish such information to the commission.

(3) Space shall be set aside in the State Capitol for the purpose of exhibiting products produced by clients of rehabilitation-oriented agencies of the state. History: ss. 6, 8, ch. 74-236; s. 4, ch. 78-323; ss. 5, 6, 7, ch. 81-11; ss. 1, 4, ch. 82-46; ss. 3, 4, ch. 88-37; s. 5, ch. 91-429.

413.041 Eligible blind persons; placement in vending facilities in public places. ---

For the purpose of assisting blind persons to become self-supporting, the Division of Blind Services is hereby authorized to carry on activities to promote the employment of eligible blind persons, including the licensing and establishment of such persons as operators of vending facilities on public property. The said division may cooperate with any agency of the Federal Government in the furtherance of the provisions of the Act of Congress entitled "An Act to authorize the operation of stands in federal buildings by blind persons, to enlarge the economic opportunities of the blind and for other purposes," Pub. L. No. 732, 74th Congress, and the said division may cooperate in the furtherance of the provisions of any other act of Congress providing for the rehabilitation of the blind that may now be in effect or may hereafter be enacted by Congress. History: s. 1, ch. 22681, 1945; ss. 21, 34, ch. 26937, 1951; s. 2, ch. 61-210; ss. 19, 35, ch. 69-106; s. 292, ch. 77-147; s. 8, ch. 77-259. Note. Former s. 409.271.

413.051 Eligible blind persons; operation of vending stands. ---

(1) This section shall be known as the Little Randolph Sheppard Act.

(2) As used in this section:

(a) "Blind licensee" means any blind person trained and licensed by the Division of Blind Services of the Department of Labor and Employment Security to operate a vending stand.

(b) "Vending stand" means any manually operated cafeteria, snack bar, cart service, shelter, counter, or other manually operated facility for the sale of newspapers, periodicals, confections, tobacco products, foods, beverages, or other such articles or services.

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

(d) "State property" means any building or land owned, leased, or otherwise controlled by the state, but does not include any building or land under the control of the Board of Regents, a community college district board of trustees, or any state correctional institution as defined in s. 944.02(6).

(e) "Property custodian" or "person in charge" means any employee, agent, or person who is in control of or responsible for the maintenance, operation, and protection of any state property.

(3) Blind licensees shall be given the first opportunity to participate in the operation of vending stands on all state properties acquired after July 1, 1979, when such facilities are operated under the supervision of the Division of Blind Services of the Department of Labor and Employment Security.

(4) The Division of Blind Services shall be responsible for a periodic survey of all state properties and, where feasible, shall establish vending facilities to be operated by blind licensees.

(5) All property custodians and duly authorized agents or employees of the state shall cooperate with the division in its survey of state properties and shall make available adequate space, electrical wiring, plumbing, and ventilation necessary to the installation of a vending facility on any state property designated as suitable by the division.

(6) The division shall be notified by property custodians or persons in charge at least 180 days prior to the initiation of any new construction, expansion, leasing, or acquisition of property occupied or to be occupied by a state agency.

(7) No person or persons shall be offered or granted any concession by any property custodian or person in charge to operate a vending stand on any state property acquired after July 1, 1979, unless the division is notified of that proposed concession.

(8) Income from new vending machines or replacement of existing machines installed on state property after July 1, 1979, shall accrue to the blind licensee who operates a vending facility on the same property or, if none, to the division. The division shall be responsible for the servicing and maintenance of all vending machines.

(9) It is the legislative intent that this section shall not apply or operate, in any way or any manner, to divest any person or organization presently operating a vending stand on state, county, or municipal property from continuing to do so; however, the property custodian or person in charge shall notify the Division of Blind Services at least 180 days prior to the expiration whether such vending facility location is suitable for operation by a blind licensee.

(10) All the preceding provisions are permissive regarding all political subdivisions of the state. History: s. 2, ch. 22681, 1945; s. 1, ch. 25141, 1949; ss. 22, 34, ch. 26937, 1951; s. 10, ch. 27991, 1953; s. 2, ch. 61-210; ss. 1, 2, ch. 65-227; ss. 19, 35, ch. 69-106; s. 293, ch. 77-147; s. 9, ch. 77-259; s. 1, ch. 79-370; s. 176, ch. 79-400; s. 1, ch. 81-91; s. 72, ch. 83-218; s. 10, ch. 95-327. Note. Former s. 409.272.

413.061 Solicitation of funds; prohibition; exception. ---

The solicitation of funds or anything of value, by any means, including the sale of merchandise or any form of entertainment, for the use and benefit of blind persons is prohibited unless prior approval for such solicitation is obtained as prescribed in ss. 413.061-413.068. History: s. 1, ch. 29989, 1955; s. 2, ch. 61-210; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 1, 5, 6, ch. 84-51; s. 4, ch. 91-429. Note. Former s. 409.281.

413.062 Application for permit. ---

Any person, agency, or organization desiring to solicit funds or anything of value for the benefit of blind persons shall file a written application with the Division of Blind Services. The application shall set forth the time, place, and type of the proposed solicitation; proposed use of the receipts from said solicitation; names and addresses of persons who will be responsible for the proper custody and disposition of receipts; and any other information the division may determine to be necessary. History: s. 1, ch. 29989, 1955; s. 2, ch. 61-210; ss. 19, 35, ch. 69-106; s. 3, ch. 76-168; s. 294, ch. 77-147; s. 10, ch. 77-259; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 5, 6, ch. 84-51; s. 4, ch. 91-429. Note. Former s. 409.282.

413.063 Permit. ---

The Division of Blind Services shall make a thorough investigation of the applicant and of the facts alleged in his application. If the applicant is found to be responsible and the purposes and method of the proposed solicitation are determined to be in the best interests of blind persons and public welfare, the Division of Blind Services shall issue to the applicant a written permit authorizing him to conduct the proposed solicitation. Such permit shall be limited to a period of 1 year. It shall set forth the specified method, purpose, and organization of the solicitation which is approved and shall list the names of persons responsible for its conduct. History: s. 1, ch. 29989, 1955; s. 2, ch. 61-210; ss. 19, 35, ch. 69-106; s. 3, ch. 76-168; s. 295, ch. 77-147; s. 11, ch. 77-259; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 5, 6, ch. 84-51; s. 4, ch. 91-429. Note. Former s. 409.283.

413.064 Rules. ---

The Department of Labor and Employment Security shall adopt all necessary rules pertaining to the conduct of a solicitation for the benefit of blind persons, including criteria for approval of an application for a permit for such solicitation. History: s. 1, ch. 29989, 1955; s. 3, ch. 61-210; ss. 19, 35, ch. 69-106; s. 3, ch. 76-168; s. 296, ch. 77-147; s. 12, ch. 77-259; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 2, 5, 6, ch. 84-51; s. 59, ch. 85-81; s. 4, ch. 91-429; s. 11, ch. 95-327. Note. Former s. 409.284.

413.065 Notice of approval. ---

Every person who holds a permit under the provisions of ss. 413.061-413.068 shall cause to appear upon every ticket, advertisement, subscription, form, placard, article, or other bit of property used in direct connection with the promotion of such solicitation, and shall post in a conspicuous place near the entrance to any building or structure where any entertainment or sale is held hereunder, a statement that such solicitation activity has been approved by the Division of Blind Services. History: s. 1, ch. 29989, 1955; s. 3, ch. 61-210; ss. 19, 35, ch. 69-106; s. 3, ch. 76-168; s. 297, ch. 77-147; s. 13, ch. 77-259; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 5, 6, ch. 84-51; s. 4, ch. 91-429.

413.066 Revocation of permit. ---

Any failure on the part of a person or organization holding a permit under the provisions of ss. 413.061-413.068 to comply with the law or with all rules promulgated by the Department of Labor and Employment Security as authorized by s. 413.064 constitutes a ground for revocation of the permit by the Division of Blind Services. History: s. 1, ch. 29989, 1955; s. 3, ch. 61-210; ss. 19, 35, ch. 69-106; s. 3, ch. 76-168; s. 298, ch. 77-147; s. 14, ch. 77-259; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 3, 5, 6, ch. 84-51; s. 4, ch. 91-429; s. 12, ch. 95-327. Note. Former s. 409.286.

413.067 Penalty. ---

Any person who violates the provisions of ss. 413.061-413.068 or any rule promulgated by the Department of Labor and Employment Security pursuant thereto commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. History: s. 1, ch. 29989, 1955; s. 3, ch. 61-210; ss. 19, 35, ch. 69-106; s. 359, ch. 71-136; s. 3, ch. 76-168; s. 299, ch. 77-147; s. 15, ch. 77-259; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 4, 5, 6, ch. 84-51; s. 80, ch. 91-224; s. 4, ch. 91-429; s. 13, ch. 95-327. Note. Former s. 409.287.

413.068 Legislative intent. ---

It is the intent of the Legislature that the securing of a permit from the Division of Blind Services shall be a condition precedent to the solicitation of funds for the benefit of the blind in this state, except as otherwise provided in ss. 413.061-413.068, and said sections shall supersede the provisions of any county or city law regulating the solicitation of such funds which do not require such a permit. History: s. 1, ch. 29989, 1955; s. 3, ch. 61-210; ss. 19, 35, ch. 69-106; s. 3, ch. 76-168; s. 300, ch. 77-147; s. 16, ch. 77-259; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 5, 6, ch. 84-51; s. 4, ch. 91-429. Note. Former s. 409.288.

413.069 Exemptions. ---

Nothing contained in ss. 413.061-413.068 shall interfere with the activities of the National Federation of the Blind of Florida, the Florida Council of the Blind, the Blinded Veterans Association of Florida, the Lions Clubs of Florida, or Southeastern Guide Dogs, Incorporated, provided that such organizations file an annual report with the Department of State showing total receipts and disbursements by subject. History: s. 1, ch. 29989, 1955; s. 3, ch. 61-210; ss. 10, 35, ch. 69-106; s. 147, ch. 77-104; s. 17, ch. 77-259; s. 177, ch. 79-400; s. 6, ch. 84-51; s. 1, ch. 89-6; s. 4, ch. 91-429. Note. Former s. 409.289.

413.08 Rights of physically disabled persons; use of dog guides or service dogs or nonhuman primates of the genus Cebus; discrimination in public employment or housing accommodations; penalties. ---

(1)

(a) The deaf, hard of hearing, blind, visually handicapped, and otherwise physically disabled are entitled to full and equal accommodations, advantages, facilities, and privileges on all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, and other public conveyances or modes of transportation and at hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons. Nothing in this section shall require any person, firm, or corporation, or any agent thereof, to modify or provide any vehicle, premises, facility, or service to a higher degree of accommodation than is required for a person not so disabled.

(b) Every deaf or hard of hearing person, totally or partially blind person, or physically disabled person shall have the right to be accompanied by a dog guide or service dog, specially trained for the purpose, in any of the places listed in paragraph (a) without being required to pay an extra charge for the dog guide or service dog; however, such person shall be liable for any damage done to the premises or facilities by such dog. The dog guide or service dog must be capable of being properly identified as being from a recognized school for seeing-eye, hearing-ear, service, or guide dogs.

(c) Every person with paraplegia or quadriplegia shall have the right to be accompanied by a nonhuman primate of the genus Cebus, specially trained for the purpose of providing personal care services, in any of the places listed in paragraph (a) without being required to pay an extra charge for the nonhuman primate; however, such person shall be liable for any damage done to the premises or facilities by such nonhuman primate.

(2) Any person, firm, or corporation, or the agent of any person, firm, or corporation, who denies or interferes with admittance to, or enjoyment of, the public facilities enumerated in subsection (1) or otherwise interferes with the rights of a deaf person, hard of hearing person, a totally or partially blind person, or an otherwise physically disabled person under this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3) It is the policy of this state that the deaf, hard of hearing, blind, visually handicapped, and otherwise physically disabled shall be employed in the service of the state or political subdivisions of the state, in the public schools, and in all other employment supported in whole or in part by public funds, and no employer shall refuse employment to the deaf, hard of hearing, blind, the visually handicapped, or the otherwise physically disabled on the basis of the disability alone, unless it is shown that the particular disability prevents the satisfactory performance of the work involved.

(4) Deaf persons, hard of hearing persons, blind persons, visually handicapped persons, and otherwise physically disabled persons shall be entitled to rent, lease, or purchase, as other members of the general public, any housing accommodations offered for rent, lease, or other compensation in this state, subject to the conditions and limitations established by law and applicable alike to all persons.

(a) "Housing accommodations" means any real property or portion thereof which is used or occupied, or intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more human beings, but does not include any single-family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.

(b) Nothing in this section shall require any person renting, leasing, or otherwise providing real property for compensation to modify his property in any way or provide a higher degree of care for a deaf person, hard of hearing person, blind person, visually handicapped person, or otherwise physically disabled person than for a person who is not so handicapped.

(c) Each deaf person, hard of hearing person, totally or partially blind person, or otherwise physically disabled person who has a dog guide, or who obtains a dog guide, shall be entitled to full and equal access to all housing accommodations provided for in this section, and such person shall not be required to pay extra compensation for such dog guide. However, such person shall be liable for any damage done to the premises by such dog guide.

(d) Each person with paraplegia or quadriplegia who has or obtains a nonhuman primate of the genus Cebus, specially trained for the purpose of providing personal care services, shall be entitled to full and equal access to all housing accommodations provided for in this section, and he shall not be required to pay extra compensation for such nonhuman primate. However, such person shall be liable for any damage done to the premises by such nonhuman primate.

(5) Any employer covered under subsection (3) who discriminates against the deaf, hard of hearing, blind, visually handicapped, or otherwise physically disabled in employment, unless it is shown that the particular disability prevents the satisfactory performance of the work involved, or any person, firm, or corporation, or the agent of any person, firm, or corporation, providing housing accommodations as provided in subsection (4) who discriminates against the deaf, hard of hearing, blind, visually handicapped, or otherwise physically disabled is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(6)

(a) For the purposes of this section, the term "physically disabled person" means any person having a physical impairment that substantially limits one or more major life activities.

(b) For the purposes of this section, the term "hard of hearing person" means an individual who has suffered a permanent hearing impairment which is severe enough to necessitate the use of amplification devices to discriminate speech sounds in verbal communication.

(7) Any trainer of a dog guide or service dog, while engaged in the training of such dog, has the same rights and privileges with respect to access to public facilities and the same liability for damage as is provided for deaf or hard of hearing or blind or mobility impaired persons accompanied by dog guides or service dogs.

(8) Any trainer of a nonhuman primate of the genus Cebus, while engaged in training such nonhuman primate to provide personal care services to a person with paraplegia or quadriplegia, has the same rights and privileges with respect to access to public facilities and the same liability for damage as is provided for persons with paraplegia or quadriplegia accompanied by nonhuman primates of the genus Cebus. As used in the subsection, "trainer of a nonhuman primate of the genus Cebus" means a paid employee of a training organization, and does not include volunteers chosen to raise the animals. History: s. 1, ch. 25268, 1949; s. 1, ch. 61-217; s. 361, ch. 71-136; s. 1, ch. 71-276; s. 1, ch. 73-110; s. 1, ch. 74-286; s. 1, ch. 77-174; s. 19, ch. 77-259; s. 178, ch. 79-400; s. 1, ch. 82-111; s. 73, ch. 83-218; s. 60, ch. 85-81; s. 1, ch. 87-312; s. 1, ch. 89-317; s. 1, ch. 90-8; s. 1, ch. 91-94; s. 1, ch. 93-18.

413.091 Identification cards. ---

(1) The Division of Blind Services of the Department of Labor and Employment Security is hereby empowered to issue identification cards to persons known to be blind or partially sighted, upon the written request of such individual.

(2) The individual shall submit proof of blindness as specified by the division.

(3) The division will be responsible for design and content of the identification card and shall develop and promulgate rules, regulations, and procedures relating to the eligibility and application for, and issuance and control of, these identification cards. History: ss. 1, 2, 3, ch. 71-265; s. 301, ch. 77-147; s. 20, ch. 77-259; s. 14, ch. 95-327. PART II GENERAL VOCATIONAL REHABILITATION PROGRAMS

413.20 Definitions. ---

As used in this part, the term:

(1) "Act" means the Rehabilitation Act of 1973, as amended.

(2) "Activity of daily living" means an activity required on a frequent basis that permits an individual to secure or maintain independence. Such activities include, but are not limited to, personal home care, transportation, personal assistance services, housekeeping, shopping, attending school, communication, and employment.

(3) "Assessment for determining eligibility and vocational rehabilitation needs" means a review of existing data to determine whether an individual is eligible for vocational rehabilitation services and to assign the priority, and, to the extent additional data is necessary to make such determination and assignment, a preliminary assessment of such data, including the provision of goods and services during such assessment. If additional data is necessary, the division must make a comprehensive assessment of the unique strengths, resources, priorities, interests, and needs, including the need for supported employment, of an eligible individual to make a determination of the goals, objectives, nature, and scope of vocational rehabilitation services to be included in the individualized written rehabilitation program of the individual.

(4) "Center for independent living" means a consumer-controlled, community-based, cross-disability, nonresidential, private, nonprofit organization designed and operated within a local community by persons who have disabilities to provide an array of independent living services.

(5) "Department" means the Department of Labor and Employment Security.

(6) "Disability" means a physical or mental impairment that constitutes or results in a substantial impediment to employment.

(7) "Division" means the Division of Vocational Rehabilitation of the Department of Labor and Employment Security.

(8) "Emergency medical evacuation system" means a division-approved transportation system that provides timely skilled emergency care and movement of persons believed to have suffered brain or spinal cord injuries.

(9) "Employment outcome" means, with respect to an individual, entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market or satisfying any other vocational outcome the secretary may determine to be consistent with the act.

(10) "Extended services" means one or more ongoing support services and other appropriate services needed to support and maintain a person who has a severe disability in supported employment and to assist an eligible person in maintaining integrated and competitive employment. Extended services are based upon a determination of the needs of the eligible person as specified in the person's individualized written rehabilitation program and are provided by a state agency, a nonprofit private organization, an employer, or any other appropriate resource after the person has made the transition from support provided by the department.

(11) "Independent living core services" means informational and referral services; independent living skills training; peer counseling, including cross-disability peer counseling; and individual and systems advocacy.

(12) "Independent living services" means any appropriate rehabilitation service that will enhance the ability of a person who has a severe disability to live independently, to function within his family and community and, if appropriate, to secure and maintain employment. Services may include, but are not limited to, psychological counseling and psychotherapeutic counseling; independent living care services; community education and related services; housing assistance; physical and mental restoration; personal attendant care; transportation; personal assistance services; interpretive services for persons who are deaf; recreational activities; services to family members of persons who have severe disabilities; vocational and other training services; telecommunications services; sensory and other technological aids and devices; appropriate preventive services to decrease the needs of persons assisted under the program; and other rehabilitation services appropriate for the independent living needs of a person who has a severe disability.

(13) "Limiting disability" means a physical condition that constitutes, contributes to, or, if not corrected, will result in an impairment of one or more activities of daily living but does not result in an individual qualifying as a person who has a disability.

(14) "Occupational license" means any license, permit, or other written authority required by any governmental unit to be obtained in order to engage in an occupation.

(15) "Ongoing support services" means services provided at a twice-monthly minimum to persons who have severe disabilities, to:

(a) Make an assessment regarding the employment situation at the worksite of each individual in supported employment or, under special circumstances at the request of the individual, offsite.

(b) Based upon the assessment, provide for the coordination or provision of specific intensive services, at or away from the worksite, that are needed to maintain the individual's employment stability. The ongoing support services may consist of, but are not limited to, the provision of skilled job trainers who accompany the individual for intensive job-skill training at the worksite, job development and placement, social skills training, followup services, and facilitation of natural supports at the worksite.

(16) "Person who has a disability" means an individual who has a physical or mental impairment that, for the individual, constitutes or results in a substantial impediment to employment and who can therefore benefit in terms of an employment outcome from vocational rehabilitation services. The term encompasses the term "person who has a severe disability."

(17) "Person who has a severe disability" means an individual who has a disability that is a severe physical or mental impairment that seriously limits one or more functional capacities, such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills, in terms of an employment outcome; whose vocational rehabilitation may be expected to require multiple vocational rehabilitation services over an extended period of time; and who has one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorder, neurological disorder, including stroke and epilepsy, paraplegia, quadriplegia, or other spinal cord condition, sickle-cell anemia, specific learning disability, end-stage renal disease, or another disability or a combination of disabilities that is determined, after an assessment for determining eligibility and vocational rehabilitation needs, to cause comparable substantial functional limitation.

(18) "Personal assistance services" means a range of services, provided by one or more persons, designed to assist a person who has a disability to perform daily living activities on or off the job that the individual would typically perform if the individual did not have a disability. Such services shall be designed to increase the individual's control in life and ability to perform everyday activities on or off the job.

(19) "Physical and mental restoration" means any medical, surgical, or therapeutic treatment necessary to correct or substantially modify a physical or mental condition that is stable or slowly progressive and constitutes an impediment to employment, but is of such nature that such correction or modification may reasonably be expected to eliminate or reduce such impediment to employment within a reasonable length of time, including, but not limited to, medical, psychiatric, dental, and surgical treatment, nursing services, hospital care in connection with surgery or treatment, convalescent home care, drugs, medical and surgical supplies, and prosthetic and orthotic devices.

(20) "Rehabilitation" means those events and processes occurring after injury and progressing to ultimate stabilization and maximum possible recovery.

(21) "Rehabilitation center" means a division-approved facility providing intermediate care that stresses rehabilitation for persons who have brain or spinal cord injuries.

(22) "Rehabilitation service" means any service, provided directly or indirectly through public or private agencies, found by the division to be necessary to enable a person who has a limiting disability to engage in competitive employment.

(23) "Rules" means rules made by the department and promulgated in the manner prescribed by law.

(24) "Secretary" means the secretary of the Department of Labor and Employment Security.

(25) "State plan" means the state plan approved by the Federal Government as qualifying for federal funds under the Rehabilitation Act of 1973, as amended. However, the term "state plan," as used in ss. 413.39-413.401, means the State Plan for Independent Living Rehabilitative Services under Title VII(A) of the Rehabilitation Act of 1973, as amended.

(26) "Supported employment" means competitive work in integrated working settings for persons who have severe disabilities and for whom competitive employment has not traditionally occurred or for whom competitive employment has been interrupted or is intermittent as a result of a severe disability. Persons who have severe disabilities requiring supported employment need intensive supported employment services or extended services in order to perform such work.

(27) "Supported employment services" means ongoing support services and other appropriate services needed to support and maintain a person who has a severe disability in supported employment. Supported employment services are based upon a determination of the needs of the eligible individual as specified in the person's individualized written rehabilitation program. The services are provided singly or in combination and are organized and made available in such a way as to assist eligible individuals in entering or maintaining integrated, competitive employment. The services are provided for a period of time not to extend beyond 18 months, but can be extended under special circumstances with the consent of the individual to achieve the objectives of the rehabilitation plan.

(28) "Third-party coverage" means any claim for, right to receive payment for or any coverage for, the payment of any vocational rehabilitation and related services.

(29) "Third-party payment" means any and all payments received or due as a result of any third-party coverage.

(30) "Transition services" means a coordinated set of activities for a student, designed within an outcome-oriented process, that promote movement from school to postschool activities, including postsecondary education; vocational training; integrated employment; including supported employment; continuing and adult education; adult services; independent living; or community participation. The coordinated set of activities must be based upon the individual student's needs, taking into account the student's preferences and interests, and must include instruction, community experiences, the development of employment and other postschool adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.

(31) "Transitional living facility" means a state-approved facility as defined and licensed pursuant to chapter 400 and division-approved in accord with this part.

(32) "Trauma center" means a state-approved acute care facility that provides diagnosis and treatment of persons who have brain or spinal cord injuries.

(33) "Traumatic injury" means:

(a) A lesion to the spinal cord or cauda equina with evidence of significant involvement of two of the following deficits or dysfunctions: 1. Motor deficit. 2. Sensory deficit. 3. Bowel and bladder dysfunction; or

(b) An insult to the skull, brain, or its covering, resulting from external trauma which produces an altered state of consciousness or anatomic motor, sensory, cognitive, or behavioral deficits.

(34) "Vocational rehabilitation" and "vocational rehabilitation services" mean any service, provided directly or through public or private instrumentalities, to enable an individual or group of individuals to achieve an employment outcome, including, but not limited to, medical and vocational diagnosis, an assessment for determining eligibility and vocational rehabilitation needs by qualified personnel; counseling, guidance, and work-related placement services; vocational and other training services; physical and mental restoration services; maintenance for additional costs incurred while participating in rehabilitation; interpreter services for individuals who are deaf; recruitment and training services to provide new employment opportunities in the fields of rehabilitation, health, welfare, public safety, law enforcement, and other appropriate service employment; occupational licenses; tools, equipment, and initial stocks and supplies; transportation; telecommunications, sensory, and other technological aids and devices; rehabilitation technology services; referral services designed to secure needed services from other agencies; transition services; on-the-job or other related personal assistance services; and supported employment services.

(35) "Vocational rehabilitation and related services" means any services that are provided or paid for by the division. History: s. 2, ch. 25364, 1949; s. 13, ch. 65-239; ss. 15, 19, 35, ch. 69-106; ss. 1, 2, ch. 69-344; s. 158, ch. 71-377; s. 302, ch. 77-147; s. 111, ch. 79-164; s. 21, ch. 86-220; s. 8, ch. 90-330; s. 4, ch. 94-324. Note. Former ss. 229.26, 229.0100.

413.205 Payments not treated as collateral payments. ---

Notwithstanding any other law to the contrary, payments made under programs covered by this part are neither collateral payments nor collateral sources within the meaning of chapter 86-160, Laws of Florida, or chapter 88-1, Laws of Florida. History: s. 50, ch. 88-277; s. 5, ch. 94-324.

413.215 Division's status in workers' compensation proceedings. ---

Notwithstanding any other law to the contrary, the division retains all rights and remedies granted under s. 413.445 as against moneys paid under chapter 440. History: s. 6, ch. 94-324.

413.22 Division rules. ---

The division shall prepare rules as it finds necessary to carry out the purposes of this part. History: s. 4, ch. 25364, 1949; s. 13, ch. 65-239; s. 2, ch. 67-438; s. 159, ch. 71-377; s. 304, ch. 77-147; s. 34, ch. 83-216; s. 1, ch. 87-227; s. 1, ch. 91-269; s. 7, ch. 94-324. Note. Former ss. 229.28, 229.0102.

413.23 Administration. ---

The division shall provide vocational rehabilitation services to persons who have disabilities determined to be eligible therefor and, in carrying out the purposes of this part, is authorized, among other things:

(1) To cooperate with other departments, agencies, and institutions, both public and private, in providing for the vocational rehabilitation of persons who have disabilities, in studying the problems involved therein, and in establishing, developing, and providing, in conformity with the purposes of this part, such programs, facilities, and services as may be necessary or desirable;

(2) To enter into reciprocal agreements with other states to provide for the vocational rehabilitation of residents of the states concerned;

(3) To conduct research and compile statistics relating to the vocational rehabilitation of persons who have disabilities;

(4) To prepare a state plan for vocational rehabilitation, as required by the act. The state plan must contain all of the elements required by s. 101 of the act, including an assessment of the needs of persons who have disabilities and how those needs may be most effectively met. After completion of the state plan, the division must distribute copies of the state plan to the President of the Senate and the Speaker of the House of Representatives. History: s. 5, ch. 25364, 1949; s. 13, ch. 65-239; ss. 19, 35, ch. 69-106; s. 117, ch. 71-355; s. 305, ch. 77-147; s. 112, ch. 79-164; s. 2, ch. 87-227; s. 8, ch. 94-324. Note. Former ss. 229.29, 229.0103.

413.24 Cooperation with Federal Government. ---

The division is authorized to adopt such methods of administration not in conflict with the laws of this state as are found by the Federal Government to be necessary for the proper and efficient operation of such agreements or plans for vocational rehabilitation and to comply with such conditions as may be necessary to secure the full benefits of federal statutes pertaining to vocational rehabilitation. History: s. 6, ch. 25364, 1949; s. 13, ch. 65-239; ss. 19, 35, ch. 69-106; s. 306, ch. 77-147; s. 3, ch. 87-227; s. 9, ch. 94-324. Note. Former ss. 229.30, 229.0104.

413.26 Cooperative agreements with other governmental agencies relative to joint use of services and facilities. ---

(1)

(a) The division is authorized to enter into cooperative agreements with any state agency or institution, county, county agency or institution, municipality, or municipal agency or institution for the purpose of enabling the division and cooperating governing bodies, agencies, and institutions to jointly use their services and facilities to enlarge and improve the opportunities for persons who have disabilities to achieve self-support or self-care.

(b) For such an agreement to be valid, it must be entered into by the governing bodies, agencies, or institutions involved and approved by the administrative officers or by the boards governing the counties, municipalities, agencies, or institutions. Such agreements shall provide only for those services by each political subdivision, agency, or institution which the political subdivision, agency, or institution is authorized by law to provide, provided that any political subdivision, agency, or institution shall be permitted to withdraw and terminate its part of an agreement at the end of any fiscal year by giving the other political subdivision, agency, or institution involved 30 days' notice.

(2) In order to effectuate the provisions of this section, the Executive Office of the Governor is authorized and empowered within its discretion, when it finds it to be in the public interest to do so, to permit two or more agencies, institutions, or county or city governments, pursuant to their mutual, unanimous request, to pool funds or to transfer funds to the account of the division in order to carry out plans for rehabilitation which are lawful and which give promise of better achieving the rehabilitation of persons who have disabilities than would result through the separate efforts of the participants in the agreement. Funds pooled or transferred under this section may be made available for expenditures for rehabilitation by the agency designated in the agreement to disburse such funds. Funds expended pursuant to agreements authorized under this section may be utilized for the purpose of matching funds available under the terms of federal laws pertaining to the rehabilitation of persons who have disabilities.

(3) A copy of each agreement made pursuant to this section shall be filed with the Department of State within a period of 30 days following the consummation of such agreement. History: ss. 1, 2, 3, 4, ch. 63-246; s. 13, ch. 65-239; ss. 2, 3, ch. 67-371; ss. 10, 19, 31, 35, ch. 69-106; s. 4, ch. 69-344; s. 307, ch. 77-147; s. 137, ch. 79-190; s. 4, ch. 87-227; s. 10, ch. 94-324. Note. Former ss. 229.302, 229.0106.

413.27 Cooperative agreements with Florida School for the Deaf and the Blind. ---

(1) The division is authorized to enter into cooperative agreements with the Board of Trustees of the Florida School for the Deaf and the Blind for the purpose of enabling said agencies to utilize jointly their services and facilities to enlarge and improve the opportunities for the deaf and blind individuals to achieve self-support or self-care.

(2)

(a) For such an agreement to be valid, it must be entered into mutually by such agencies and must be approved by the administrative officers or by the boards governing same. The agreement may provide for those services which each agency or institution is authorized by law to furnish; provided that such agreement may establish a vocational rehabilitation facility for the deaf at the Florida School for the Deaf and the Blind which facility may accept as clients any deaf adult otherwise qualified for admission. Either agency may withdraw and terminate its part of such agreement at the end of any fiscal year by giving the other agency involved 30 days' notice.

(b) The Board of Trustees of the Florida School for the Deaf and the Blind is authorized to use funds now in its budget for matching those of the division, in furtherance of such agreement. Said school may employ such additional personnel as may be necessary to implement such agreement.

(3) In order to effectuate the provisions of this section, the Executive Office of the Governor shall, upon the conclusion of any such agreement, pool portions of the funds of said agencies as indicated in such agreement. Funds pooled or transferred under this section may be made available for expenditures for rehabilitation by the agency designated in the agreement to disburse such funds and may be used to compensate additional personnel employed under paragraph (2)(b). Funds expended pursuant to any agreement authorized under this section may be utilized to match funds available under the terms of federal laws pertaining to the rehabilitation of the deaf.

(4) A copy of any such agreement, when and if concluded pursuant hereto, shall be filed with the Department of State within a period of 30 days following the consummation of such agreement. History: ss. 1, 2, 3, 4, ch. 63-389; s. 13, ch. 65-239; ss. 2, 3, ch. 67-371; ss. 10, 15, 19, 31, 35, ch. 69-106; s. 308, ch. 77-147; s. 138, ch. 79-190; s. 5, ch. 87-227; s. 11, ch. 94-324. Note. Former ss. 229.303, 229.0107.

413.273 Per diem, travel expenses, personal care attendants, and interpreters for council members; conflicts of interest; removal. ---

(1) Members of any council established under this part are entitled to per diem and travel expenses for required attendance at council meetings in accordance with the provisions of s. 112.061. Reasonable expenses for personal care attendants and interpreters needed by members during required attendance at council meetings shall be reimbursed. No member shall receive any compensation for performance of duties specified in, or arising out of, his duties as a council member under this part except as otherwise specified in this part.

(2) No member of any council established under this part shall cast a vote on any matter that would provide direct financial benefit to the member or create a conflict of interest under state law.

(3) Members of any council established under this part may be removed from office by the appointing authority for malfeasance, misfeasance, neglect of duty, incompetence, or permanent inability to perform official duties or for pleading nolo contendere to, or being found guilty of, a crime. Malfeasance shall include, but is not limited to, violation of any specific prohibitions within this part. History: s. 12, ch. 94-324.

413.28 Appropriations of federal funds. ---

In the event federal funds are available to the state for vocational rehabilitation purposes, the division is authorized to comply with such requirements as may be necessary to obtain said federal funds in the most advantageous proportions possible insofar as this may be done without violating other provisions of the state law and Constitution. History: s. 7, ch. 25364, 1949; s. 25, ch. 29764, 1955; s. 13, ch. 65-239; ss. 2, 3, ch. 67-371; ss. 19, 31, 35, ch. 69-106; s. 160, ch. 71-377; s. 1, ch. 73-305; s. 309, ch. 77-147; s. 6, ch. 87-227; s. 14, ch. 94-324. Note. Former ss. 229.31, 229.0108.

413.29 Gifts. ---

The division is hereby authorized and empowered to accept and use gifts made unconditionally by will or otherwise for carrying out the purposes of this part. Gifts made under such conditions as in the judgment of the division are proper and consistent with the provisions of this part and the laws of the United States and the laws of this state may be so accepted and shall be held, invested, reinvested, and used in accordance with the condition of the gift. History: s. 8, ch. 25364, 1949; s. 13, ch. 65-239; ss. 19, 35, ch. 69-106; s. 310, ch. 77-147; s. 113, ch. 79-164; s. 7, ch. 87-227; s. 15, ch. 94-324. Note. Former ss. 229.32, 229.0109.

413.30 Eligibility for vocational rehabilitation services. ---

(1) A person is eligible for vocational rehabilitation services if the person has a disability and requires vocational rehabilitation services to prepare for, enter, engage in, or retain gainful employment.

(2) Determinations by other state or federal agencies regarding whether an individual satisfies one or more factors relating to the determination that an individual has a disability may be used. Individuals determined to have a disability pursuant to Title II or Title XVI of the Social Security Act shall be considered to have a physical or mental impairment that constitutes or results in a substantial impediment to employment and a severe physical or mental impairment that seriously limits one or more functional capacities in terms of an employment outcome.

(3) An individual shall be presumed to benefit in terms of an employment outcome from vocational rehabilitation services under this part unless the division can demonstrate by clear and convincing evidence that the individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome. To demonstrate that an individual cannot benefit from vocational rehabilitation services due to the severity of the individual's disability, the division shall conduct an extended evaluation, not to exceed 18 months. The evaluation must determine the eligibility of the individual and the nature and scope of needed vocational rehabilitation services. The extended evaluation must be reviewed once every 90 days to determine whether the individual is eligible for vocational rehabilitation services.

(4) The division shall determine the eligibility of an individual for vocational rehabilitation services within a reasonable period of time, not to exceed 60 days after the individual has submitted an application to receive vocational rehabilitation services, unless the division notifies the individual that exceptional and unforeseen circumstances beyond the control of the division prevent the division from completing the determination within the prescribed time and the individual agrees that an extension of time is warranted or that an extended evaluation is required.

(5) As soon as a determination has been made that an individual is eligible for vocational rehabilitation services, the division must complete an assessment for determining eligibility and vocational rehabilitation needs and ensure that an individualized written rehabilitation program is prepared.

(a) The individualized written rehabilitation program must be jointly developed, agreed upon, and signed by the vocational rehabilitation counselor or coordinator and the eligible individual or, in an appropriate case, a parent, family member, guardian, advocate, or authorized representative, of such individual.

(b) The division must ensure that each individualized written rehabilitation program is designed to achieve the employment objective of the individual, consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of the individual, and otherwise meets the content requirements for individualized written rehabilitation programs as set out in federal law or regulation.

(c) Each individualized written rehabilitation program shall be reviewed annually, at which time the individual, or the individual's parent, guardian, advocate, or authorized representative, shall be afforded an opportunity to review the program and jointly redevelop and agree to its terms. Each individualized written rehabilitation program shall be revised as needed.

(6) The division must ensure that a determination of ineligibility made with respect to an individual prior to the initiation of an individualized written rehabilitation program, based upon the review, and, to the extent necessary, upon the preliminary assessment, includes specification of the reasons for such a determination; the rights and remedies available to the individual, including, if appropriate, recourse to administrative remedies; and the availability of services provided by the client assistance program to the individual.

(7) In the event the division is unable to provide services to all eligible individuals, the division shall establish an order of selection and serve first those persons who have the most severe disabilities. History: s. 9, ch. 25364, 1959; s. 13, ch. 65-239; ss. 19, 35, ch. 69-106; s. 5, ch. 69-344; s. 311, ch. 77-147; s. 8, ch. 87-227; s. 16, ch. 94-324. Note. Former ss. 229.33, 229.0110.

413.31 Benefits not assignable. ---

The right of a person who has a disability to any of the benefits under this part is not transferable or assignable, and any benefits, including money, goods, or chattels received under this part, are exempt from all state, county, and municipal taxes and from sale under the process of any court, except for obligations contracted for the purchase of such property. History: s. 10, ch. 25364, 1949; s. 13, ch. 65-239; s. 114, ch. 79-164; s. 17, ch. 94-324. Note. Former ss. 229.34, 229.0111.

413.32 Retention of title to and disposal of equipment. ---

(1) The division is authorized to retain title to any property, tools, instruments, training supplies, equipment, or other items of value acquired for use of persons who have disabilities or personnel employed in the operation of the vocational rehabilitation program, and to repossess and transfer same for the use of other persons who have disabilities or personnel employed in the operation of the vocational rehabilitation program.

(2) The division is authorized to offer for sale any surplus items acquired in the operation of the program when they are no longer necessary or to exchange them for necessary items which may be used to greater advantage. When any such surplus equipment is sold or exchanged a receipt for same shall be taken from the purchaser showing the consideration given for such equipment and forwarded to the treasurer, and any funds received by the division pursuant to any such transactions shall be deposited in the State Treasury in the appropriate federal or state rehabilitation funds and shall be available for expenditure for any purpose consistent with this part.

(3) The division shall have the exclusive right to develop rules relating to records and recordkeeping for division-owned property referenced in subsections (1) and (2). History: s. 11, ch. 25364, 1949; s. 13, ch. 65-239; ss. 19, 35, ch. 69-106; s. 312, ch. 77-147; s. 115, ch. 79-164; s. 9, ch. 87-227; s. 18, ch. 94-324. Note. Former ss. 229.35, 229.0112.

413.341 Applicant and client records; confidential and privileged. ---

(1) All oral and written records, information, letters, and reports received, made, or maintained by the division relative to any client or applicant are privileged, confidential, and exempt from the provisions of s. 119.07(1). This exemption is subject to the Open Government Sunset Review Act in accordance with [Footnote 1] s. 119.14. Any person who discloses or releases such records, information, or communications in violation of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Such records may not be released except that:

(a) Records may be released to the client or applicant or his representative upon receipt of a written waiver from the client or applicant. Medical, psychological, or other information that the division believes may be harmful to a client or applicant may not be released directly to him, but must be provided through his designated representative.

(b) Records that do not identify clients or applicants may be released for the purpose of research, when the research is approved by the division director.

(c) Records used in administering the program may be released as required to administer the program or as required by an agency or political subdivision of the state in the performance of its duties. Any agency or political subdivision to which records are released under this paragraph may not disclose the records to third parties.

(d) Records may be released upon the order of a hearing officer, judge of compensation claims, agency head exercising quasi-judicial authority, or a judge of a court of competent jurisdiction following a finding in an in camera proceeding that the records are relevant to the inquiry before the court and should be released. The in camera proceeding and all records relating thereto are confidential and exempt from the provisions of s. 119.07(1). This exemption is subject to the Open Government Sunset Review Act in accordance with [Footnote 1] s. 119.14.

(e) Whenever an applicant or individual receiving services has declared any intention to harm other persons or property, such declaration may be disclosed.

(f) The division may also release personal information about an applicant or individual receiving services in order to protect him or others when he poses a threat to his own safety or to the safety of others and shall, upon official request, release such information to law enforcement agencies investigating the commission of a crime.

(2) Records that come into the possession of the division and that are confidential by other provisions of law are confidential and exempt from the provisions of s. 119.07(1), and may not be released by the division, except as provided in this section. This exemption is subject to the Open Government Sunset Review Act in accordance with [Footnote 1] s. 119.14. History: s. 1, ch. 88-214; s. 17, ch. 90-330; s. 36, ch. 91-46; s. 57, ch. 91-220; s. 2, ch. 91-269; s. 19, ch. 94-324. [Footnote 1] Note. A. Repealed by s. 1, ch. 95-217. B. Section 4, ch. 95-217, provides that "notwithstanding any provision of law to the contrary, exemptions from chapter 119, Florida Statutes, or chapter 286, Florida Statutes, which are prescribed by law and are specifically made subject to the Open Government Sunset Review Act in accordance with section 119.14, Florida Statutes, are not subject to review under that act, and are not abrogated by the operation of that act, after October 1, 1995."

413.36 Duties of other agencies and officials regarding this part. ---

It shall be the duty of all officials in charge of state or county agencies whose official duties enable them to know the need for vocational rehabilitation of persons who have disabilities to report to the division the names of such persons who come to their attention and who appear eligible for vocational rehabilitation services provided under this part. Such officials shall cooperate with the division in carrying out the purpose of this part insofar as their duties and facilities permit, but the division may not delegate any of its duties and responsibilities under this part to any other agency or individual except with respect to persons for whom a vocational rehabilitation plan has been approved by the division or by a member of its staff to whom it has delegated authority to approve individual vocational rehabilitation plans. However, nothing in this part shall be so construed as to prevent other agencies from rendering services to persons who have disabilities, which services are not designed especially for the purpose of vocationally rehabilitating such persons or services to which such persons might be entitled without regard to their disabilities. History: s. 15, ch. 25364, 1949; s. 13, ch. 65-239; ss. 19, 35, ch. 69-106; s. 314, ch. 77-147; s. 116, ch. 79-164; s. 10, ch. 87-227; s. 20, ch. 94-324. Note. Former ss. 229.39, 229.0116.

413.371 Independent living program; establishment and maintenance. ---

The division shall establish and maintain an independent living program that will provide any appropriate rehabilitation services or other services to enhance the ability of persons who have severe disabilities to live independently and function within their communities and, if appropriate, to secure and maintain employment. The division, at its sole discretion and within the constraints of its funding, may contract with centers for independent living to provide such services. History: s. 2, ch. 88-214; s. 21, ch. 94-324.

413.39 Administration; independent living program. ---

The division is hereby authorized, in addition to its other duties and responsibilities, to administer a program of independent living services for individuals with severe disabilities who can benefit from such services. History: s. 3, ch. 59-385; s. 13, ch. 65-239; ss. 19, 35, ch. 69-106; s. 317, ch. 77-147; s. 13, ch. 87-227; s. 4, ch. 88-214. Note. Former ss. 229.43, 229.0123.

413.393 State plan for independent living. ---

(1) The state plan for independent living shall be jointly developed and submitted by the Independent Living Council and the division, and the plan must:

(a) Include the existence of appropriate planning, financial support and coordination, and other assistance to appropriately address, on a statewide and comprehensive basis, needs in the state for the provision of state independent living services; the development and support of a statewide network of centers for independent living; and working relationships between programs providing independent living services and independent living centers and the vocational rehabilitation program established to provide services for persons who have disabilities.

(b) Specify the objectives to be achieved under the plan, establish time periods for the achievement of the objectives, and explain how such objectives are consistent with and further the purpose of this part.

(c) Specify that the state will provide independent living services under this part to persons who have severe disabilities and will provide the services in accordance with an independent living plan mutually agreed upon by an appropriate staff member of the service provider and the individual, unless the individual signs a waiver stating that such a plan is unnecessary.

(d) Describe the extent and scope of independent living services to be provided under this part to meet such objectives. If the state makes arrangements, by grant or contract, for providing such services, such arrangements shall be described in the plan.

(e) Set forth a design for the establishment of a statewide network of centers for independent living that comply with the standards and assurances set forth in federal law.

(f) Set forth the steps that will be taken to maximize the cooperation, coordination, and working relationships among the independent living rehabilitation service program, the Independent Living Council, centers for independent living, the division, other agencies represented on such council, other councils that address the needs of specific disability populations and issues, and other public and private entities determined to be appropriate by the council.

(g) Describe how services funded under this part will be coordinated with, and complement, other services in order to avoid unnecessary duplication with other federal and state funding for centers for independent living and independent living services.

(h) Set forth steps to be taken regarding outreach to populations that are not served or that are underserved by programs under the act, including minority groups and urban and rural populations.

(i) Provide satisfactory assurances that all entities receiving financial assistance funds under this part will notify all individuals seeking or receiving services under this part about the availability of the client-assistance program, the purposes of the services provided under such program, and how to contact such program; take affirmative action to employ and advance in employment qualified persons who have disabilities on the same terms and conditions required with respect to the employment of such persons; adopt such fiscal control and fund-accounting procedures as may be necessary to ensure the proper disbursement of and accounting for funds paid to the state under this part and meet all the other requirements of federal law or regulation.

(j) Establish a method for the periodic evaluation of the effectiveness of the state plan in meeting the objectives of the state plan, including evaluation of satisfaction by persons who have disabilities.

(2) The state plan for independent living shall provide for the review and revision of the plan, not less than once every 3 years, to ensure the existence of appropriate planning, financial support and coordination, and other assistance to appropriately address statewide, the needs in the state for independent living services. History: s. 22, ch. 94-324.

413.395 Florida Independent Living Council. ---

(1) There is created the Florida Independent Living Council to assist the division and the Division of Blind Services of the Department of Labor and Employment Security, as well as other state agencies and local planning and administrative entities assisted under Title VII of the act, in the expansion and development of statewide independent living policies, programs, and concepts and to recommend improvements for such programs and services. To ensure consistency with the provisions of the act, as amended, the Florida Independent Living Council shall function independently of the division and shall be assigned to the division for administrative purposes only.

(2) The council shall consist of 14 members. The members of the council shall be appointed by the Governor after soliciting recommendations from the secretary.

(3) The council shall include:

(a) At least one director of a center for independent living who is chosen by the directors of centers for independent living within the state.

(b) As ex officio, nonvoting members: 1. A representative from the division. 2. A representative from the Division of Blind Services. 3. Representatives from other state agencies that provide services to persons who have disabilities.

(4) The council may include:

(a) Other representatives from centers for independent living.

(b) Parents and guardians of persons who have disabilities.

(c) Advocates of and for persons who have disabilities.

(d) Representatives from private businesses.

(e) Representatives from organizations that provide services for persons who have disabilities.

(f) Other appropriate individuals.

(5) Total membership on the council, excluding ex officio, nonvoting members, shall not exceed 14 at any one time.

(6) The council shall be composed of members:

(a) Who provide statewide representation.

(b) Who represent a broad range of persons who have disabilities.

(c) Who are knowledgeable about centers for independent living and independent living services.

(d) A majority of whom are: 1. Persons who have disabilities. 2. Not employed by any state agency or center for independent living.

(7) The council shall select a chairperson from among the membership of the council.

(8) Each member of the council shall serve for a term of 3 years, except that:

(a) A member appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor was appointed shall be appointed for the remainder of such term.

(b) The terms of service of the members initially appointed shall be, as specified by the Governor, for such fewer number of years as will provide for the expiration of terms on a staggered basis.

(c) No member of the council may serve more than two consecutive full terms.

(9) Any vacancy occurring in the membership of the council shall be filled in the same manner as the original appointment. A vacancy does not affect the power of the remaining members to execute the duties of the council.

(10) The chairperson of the council shall also serve as a member of the Florida Rehabilitation Advisory Council.

(11) The council may meet at the call of the chairperson, at the joint request of the division and the Division of Blind Services, or at such times as may be prescribed by rule, but not less than twice each calendar year. The council shall make a report of each meeting, which shall include a record of its discussions and recommendations. The division and the Division of Blind Services shall make such reports available to the public.

(12) The council shall:

(a) Jointly develop and submit, in conjunction with the division, the state plan for independent living.

(b) Monitor, review, and evaluate the implementation of the state plan for independent living.

(c) Coordinate activities with the Florida Rehabilitation Advisory Council and other councils that address the needs of specific disability populations and issues under other federal law.

(d) Ensure that all regularly scheduled meetings of the council are open to the public with sufficient advance notice.

(e) Submit to the commissioner such periodic reports as the commissioner may reasonably request and keep such records, and afford access to such records, as the commissioner finds necessary to verify such reports. History: ss. 5, 12, ch. 88-214; s. 5, ch. 91-429; s. 23, ch. 94-324; s. 15, ch. 95-327.

413.40 Powers of division; independent living program. ---

The division, in carrying out a program of providing independent living rehabilitation services to persons who have severe disabilities, shall be authorized to:

(1) Employ necessary personnel.

(2) Employ consultants.

(3) Provide diagnostic, medical, and psychological and other evaluation services.

(4) Provide training necessary for rehabilitation.

(5) Provide for persons found to require financial assistance with respect thereto and provide maintenance, including:

(a) Personal care attendant services while undergoing rehabilitation.

(b) Transportation incident to necessary rehabilitation services.

(c) Physical and mental restoration services, prosthetic appliances, and other equipment determined to be necessary for rehabilitation.

(6) Provide rehabilitation facilities necessary for the rehabilitation of persons who have severe disabilities or contract with facilities such as centers for independent living for necessary services. The division shall not, however, assume responsibility for permanent custodial care of any individual and shall provide rehabilitation services only for a period long enough to accomplish the rehabilitation objective or to determine that rehabilitation is not feasible through the services available under this section.

(7) Contract with any entity, public or private, to provide independent living services. History: s. 4, ch. 59-385; s. 13, ch. 65-239; s. 318, ch. 77-147; s. 14, ch. 87-227; s. 6, ch. 88-214; s. 24, ch. 94-324. Note. Former ss. 229.44, 229.0124.

413.401 Eligibility for independent living services. ---

Independent living services may be provided to any person who has a severe disability and for whom a reasonable expectation exists that independent living services will significantly assist the individual to improve his ability to function independently within the family or community, or to engage in or continue in employment, and to be able to function independently. History: s. 7, ch. 88-214; s. 25, ch. 94-324.

413.405 Rehabilitation Advisory Council. ---

There is created the Rehabilitation Advisory Council to assist the division in the planning and development of statewide rehabilitation programs and services, to recommend improvements to such programs and services, and to perform the functions listed in this section.

(1) The council shall be composed of:

(a) At least one representative of the Independent Living Council, which representative may be the chairperson or other designee of the council.

(b) At least one representative of a parent training and information center established pursuant to s. 631(c)(9) of the Individuals with Disabilities Act, 20 U.S.C. s. 1431(c)(9).

(c) At least one representative of the client assistance program established under s. 112 of the act.

(d) At least one vocational rehabilitation counselor who has knowledge of and experience in vocational rehabilitation services, who shall serve as an ex officio, nonvoting member of the council if the counselor is an employee of the department.

(e) At least one representative of community rehabilitation program service providers.

(f) At least four representatives of business, industry, and labor.

(g) Representatives of disability advocacy groups representing a cross-section of: 1. Persons who have physical, cognitive, sensory, or mental disabilities. 2. Parents, family members, guardians, advocates, or authorized representatives of persons who have disabilities and who find it difficult to or are unable due to their disabilities to represent themselves.

(h) Current or former applicants for, or recipients of, vocational rehabilitation services.

(i) The director of the division, who shall be an ex officio member of the council.

(2) Total membership on the council, including ex officio members, shall not exceed 19 at any one time.

(3) Members of the council shall be appointed by the Governor, who shall select members after soliciting recommendations from representatives of organizations representing a broad range of individuals who have disabilities and organizations interested in those individuals.

(4) A majority of council members shall be persons who are:

(a) Individuals who have disabilities described in s. 7(8)(B) of the act.

(b) Not employed by the division.

(5) The council shall select a chairperson from among the membership of the council.

(6) Each member of the council shall serve for a term of not more than 3 years, except that:

(a) A member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed shall be appointed for the remainder of such term.

(b) The terms of service of the members initially appointed shall be, as specified by the Governor, for such fewer number of years as will provide for the expiration of terms on a staggered basis. No member of the council may serve more than two consecutive full terms.

(7) Any vacancy occurring in the membership of the council shall be filled in the same manner as the original appointment. A vacancy does not affect the power of the remaining members to execute the duties of the council.

(8) In addition to the other functions specified in this section, the council shall:

(a) Review, analyze, and advise the division regarding the performance of the responsibilities of the division under Title I of the act, particularly responsibilities relating to: 1. Eligibility, including order of selection. 2. The extent, scope, and effectiveness of services provided. 3. Functions performed by state agencies that affect or potentially affect the ability of individuals who have disabilities to achieve rehabilitation goals and objectives under Title I.

(b) Advise the department and the division, and, at the discretion of the department or division, assist in the preparation of applications, the state plan, the strategic plan, and amendments to the plans, reports, needs assessments, and evaluations required by Title I.

(c) To the extent feasible, conduct a review and analysis of the effectiveness of, and consumer satisfaction with: 1. The functions performed by state agencies and other public and private entities responsible for performing functions for individuals who have disabilities. 2. Vocational rehabilitation services: a. Provided or paid for from funds made available under the act or through other public or private sources. b. Provided by state agencies and other public and private entities responsible for providing vocational rehabilitation services to individuals who have disabilities.

(d) Prepare and submit an annual report on the status of vocational rehabilitation services in the state to the Governor and the Commissioner of the Rehabilitative Services Administration, established under s. 702 of the act, and make the report available to the public.

(e) Coordinate with other councils within Florida, including the Independent Living Council, the advisory panel established under s. 613(a)(12) of the Individuals with Disabilities Education Act, 20 U.S.C. 1413(a)(12), the State Planning Council described in s. 124 of the Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s. 6024, and the state mental-health planning council established under s. 1916(e) of the Public Health Service Act, 42 U.S.C. 300x-4(e).

(f) Advise the department and division and provide for coordination and the establishment of working relationships among the department, the division, the Independent Living Council, and centers for independent living in the state.

(g) Perform such other functions as the council determines to be appropriate that are comparable to functions performed by the council.

(9)

(a) The council shall prepare, in conjunction with the division, a plan for the provision of such resources, including at least four staff persons, as may be necessary to carry out the functions of the council. The resource plan shall, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the plan.

(b) If there is a disagreement between the council and the division in regard to the resources necessary to carry out the functions of the council as set forth in this section, the disagreement shall be resolved by the Governor.

(c) The council shall, consistent with law, supervise and evaluate such staff and other personnel as may be necessary to carry out its functions.

(d) While assisting the council in carrying out its duties, staff and other personnel shall not be assigned duties by the division or any other state agency or office that would create a conflict of interest.

(10) The council shall convene at least four meetings each year. These meetings shall occur in such places as the council deems necessary to conduct council business. The council may conduct such forums or hearings as the council considers appropriate. The meetings, hearings, and forums shall be publicly announced. The meetings shall be open and accessible to the public unless there is a valid reason for an executive session. The council shall make a report of each meeting which shall include a record of its discussions and recommendations, all of which reports shall be made available to the public.

(11) The council shall reimburse members of the council for reasonable and necessary expenses of attending council meetings and performing council duties, including child care and personal assistance services, as provided in and subject to the requirements of s. 112.061. The council may pay reasonable compensation to a member of the council if such member is not employed or must forfeit wages from other employment for each day the member is engaged in performing the duties of the council. History: ss. 8, 12, ch. 88-214; s. 5, ch. 91-429; s. 26, ch. 94-324.

413.407 Assistive Technology Advisory Council. ---

There is created the Assistive Technology Advisory Council, responsible for ensuring consumer involvement in the creation, application, and distribution of technology-related assistance to and for persons who have disabilities. The council shall fulfill its responsibilities through statewide policy development, both state and federal legislative initiatives, advocacy at both the state and federal level, planning of statewide resource allocations, policy-level management, reviews of both consumer responsiveness and the adequacy of program service delivery, and by performing the functions listed in this section.

(1)

(a) The council shall be composed of: 1. Nine persons who have disabilities and who are assistive technology consumers or representatives of consumer organizations concerned with assistive technology. 2. Up to nine representatives of business and industry, including the insurance industry, concerned with assistive technology. 3. Up to nine representatives of academia, community agencies, and state agencies concerned with assistive technology. Total membership on the council shall not exceed 27 at any one time.

(b) Members of the council shall be appointed by the secretary from a list of candidates proposed by the division director.

(c) A majority of council members shall be persons who have disabilities as described in s. 706(8)(B) of the act who are also consumers of assistive technology or family members of such persons.

(d) The members of the council shall select two co-chairs from among the membership of the council. 1. One co-chair may be selected from the group described in paragraph (c) and one co-chair shall be selected from the other council members. 2. No co-chair may be an elected member or an employee of a state agency or of any political subdivision of the state.

(e) 1. Each member of the council shall serve for a term of not more than 3 years, except that: a. A member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed shall be appointed for the remainder of such term. b. The terms of service of the members shall be staggered through initial appointments of 3 years for one-third, 2 years for one-third, and 1 year for one-third. Each eligible group described in paragraph (a) shall reflect this distribution. 2. No member of the council may serve more than two consecutive terms; however, any appointment under sub-subparagraph 1.a., if for less than 18 months, shall not be considered a term for the purposes of this section.

(f) Any vacancy occurring in the membership of the council shall be filled in the same manner as the original appointment. A vacancy does not affect the power of the remaining members to execute the duties of the council.

(2) In addition to the other functions specified in this section, the council shall:

(a) Act as the board of directors of a not-for-profit corporation created by the division. Through the corporation, the council shall provide direction and funding to Florida's Alliance for Assistive Services and Technology, a project sponsored by the department for the coordination and delivery of appropriate, cost-effective, state-of-the-art assistive technology services and devices.

(b) Appoint committees made up of members of the council to focus on specific issues within the council's mandate. Committees may request and accept in-kind contributions of personnel from public or private entities to supply such staffing as the committees deem necessary to carry out their individual mandates. These committees shall include, but are not limited to: 1. A committee of those members representing state agencies, functioning as an interagency workshop. The interagency workshop shall develop cooperative agreements among government agencies and perform such other duties as the council deems appropriate. The interagency workshop's members shall assign staff from their respective agencies to the alliance, as an in-kind contribution for a specified period of time, to review federal and state legislation and agency policies and practices and to identify both facilitators of, and barriers to, accessibility and utilization of assistive technology services, devices, and funding sources. 2. A technology-awareness committee to encourage the formation of technology-awareness groups among consumers, providers, and other interested individuals, particularly in schools or workplaces.

(c) Review and approve all reports, recommendations, and proposed actions of committee staff.

(d) Appoint the executive director of the alliance. The executive director shall be responsible for overall administration and day-to-day direction of the alliance, as well as supervision of all staff.

(e) Annually review and approve the strategic or business plan of the alliance, as submitted by the executive director.

(f) Submit an annual comprehensive report of the activities of the council, the corporation, and the alliance to the division director.

(g) Perform such other functions as the council determines to be appropriate which are comparable to functions performed by the council.

(h) Convene at least four meetings each year in such places as it determines to be necessary to conduct council business and may conduct such forums or hearings as the council considers appropriate. The council shall make a report of each meeting which shall include a record of its discussions and recommendations, all of which reports shall be made available to the public. History: s. 27, ch. 94-324.

413.41 Cooperation by division with state agencies. ---

The division is hereby authorized to cooperate with other agencies of state government or with any nonprofit, charitable corporations or foundations concerned with the problems of persons who have disabilities. The division may provide disability evaluation, work capacity appraisal, and appraisal of vocational rehabilitation potential of persons who have disabilities for other public agencies pursuant to agreements made with such agencies. The division may charge the agencies contracting for these services the actual cost thereof. History: s. 5, ch. 59-385; s. 13, ch. 65-239; ss. 19, 35, ch. 69-106; s. 319, ch. 77-147; s. 15, ch. 87-227; s. 9, ch. 88-214; s. 28, ch. 94-324. Note. Former ss. 229.45, 229.0125.

413.42 Cooperation with federal agencies. ---

The division is authorized to cooperate with any agency of the Federal Government charged with responsibility for administering laws relating to rehabilitation of persons who have disabilities or the evaluation of those persons for employment, for preparation for employment, or for independent living. The division shall further be authorized to accept and disburse any funds appropriated by Congress and made available to the state for the purpose of rehabilitating persons who have disabilities or for the evaluation of those persons for rehabilitation or for gainful activity, or for any other purpose related to the lawful function of the division, and the division is authorized to take such action as may be necessary to execute the purposes of any such federal grants. History: s. 6, ch. 59-385; s. 13, ch. 65-239; ss. 19, 35, ch. 69-106; s. 320, ch. 77-147; s. 16, ch. 87-227; s. 10, ch. 88-214; s. 29, ch. 94-324. Note. Former ss. 229.46, 229.0126.

413.43 Utilization of state and federal funds. ---

The division is authorized to utilize for purposes of this law, and for matching any federal funds which may be available for similar rehabilitation purposes, any funds appropriated or allotted to the division. The division is authorized to accept such gifts and refunds as may be made unconditionally or as are not burdened with conditions inconsistent with the purposes of this part. History: s. 8, ch. 59-385; s. 13, ch. 65-239; ss. 19, 35, ch. 69-106; s. 321, ch. 77-147; s. 17, ch. 87-227; s. 30, ch. 94-324. Note. Former ss. 229.47, 229.0127.

413.44 State Treasury depository. ---

The State Treasury shall be the depository of all funds appropriated by the state Legislature or received as federal grants or received as gifts from private individuals for the purposes of this program. Such funds shall be kept in a separate account distinct from all other state funds. Funds received by grant or gift, other than state appropriations, shall not lapse or be converted to the general fund at the end of any appropriations period. History: s. 9, ch. 59-385; s. 13, ch. 65-239. Note. Former ss. 229.48, 229.0128.

413.445 Recovery of third-party payments for vocational rehabilitation and related services. ---

(1) As used in this section, "vocational rehabilitation and related services" means any services which are provided or paid for by the Division of Vocational Rehabilitation of the Department of Labor and Employment Security.

(2) Third-party coverage for vocational rehabilitation and related services is primary coverage.

(3) An applicant for or recipient of any vocational rehabilitation and related services must inform the division of any rights he has to third-party payments for such services, and the division shall be subrogated to his rights to such third-party payments. The division may recover directly from:

(a) Any third party liable to make a benefit payment to the provider of the recipient's vocational rehabilitation and related services or to the recipient under the terms of any contract, settlement, or award;

(b) The recipient, if he has received third-party payment for vocational rehabilitation and related services provided to him; or

(c) The provider of the recipient's vocational rehabilitation and related services if third-party payment for such services has been recovered by the provider.

(4) An applicant for or a recipient of vocational rehabilitation and related services is deemed to have assigned to the division his rights to any payments for such services from a third party and to have authorized the division to release information with respect to such services for the sole purpose of obtaining reimbursement.

(5) The division may, in order to enforce its subrogation rights under this section, institute, intervene in, or join any legal proceeding against a third party against whom recovery rights arise. Action taken by the division does not preclude the recipient's recovery for that portion of his damages not subrogated to the division, and action taken by the recipient does not prejudice the subrogation rights of the division.

(6) When the division provides, pays for, or becomes liable for vocational rehabilitation and related services, it has a lien for the amount of such services upon all causes of action which accrue to the recipient or to his legal representatives as a result of sickness, injury, disease, disability, or death, due to the liability of a third party which necessitated the services. To perfect such lien, a notice of lien must be filed with the clerk of the circuit court in the recipient's county of residence. The notice of lien must contain the name and address of the person to whom vocational rehabilitation and related services were furnished and the name, address, and telephone number of a person at the division from whom information regarding the lien can be obtained. The division's failure to file a notice of lien shall not affect the division's other rights provided in this section. Any notice of lien filed as provided under this subsection shall be valid for a period of 5 years after filing, and may be extended for an additional period of 5 years by filing a new notice of lien at any time prior to the expiration of the original notice of lien.

(7) In recovering any payments in accordance with this section, the division may make appropriate settlements.

(8) The division shall adopt rules to implement this section. History: s. 1, ch. 87-320; s. 1, ch. 95-301.

413.4455 Deposit and appropriation of funds recovered under s. 413.445. ---

Funds received under the provisions of s. 413.445 shall be deposited in the Federal Rehabilitation Trust Fund and shall be available for appropriation for programs contained in this part. History: s. 12, ch. 87-320.

413.46 Legislative intent. ---

It is the intent of the Legislature to ensure the referral of persons who have moderate-to-severe brain or spinal cord injuries to a coordinated rehabilitation program developed and administered by the division. The program shall provide eligible persons, as defined in s. 413.507, the opportunity to obtain the necessary rehabilitative services enabling them to be referred to a vocational rehabilitation program or to return to an appropriate level of functioning in their community. Further, it is intended that permanent disability be avoided, whenever possible, through prevention, early identification, skilled emergency evacuation procedures, and proper medical and rehabilitative treatment. History: s. 1, ch. 74-254; s. 148, ch. 77-104; s. 2, ch. 87-320; s. 31, ch. 94-324.

413.465 Short title. ---

Sections 413.465-413.74 may be cited as the "Charlie Mack Overstreet Brain or Spinal Cord Injuries Act." History: s. 32, ch. 94-324.

413.48 Establishment and maintenance of a central registry. ---

The division shall establish and maintain a central registry of persons who have moderate-to-severe brain or spinal cord injuries.

(1) Every public health agency, private health agency, public social agency, private social agency, and attending physician shall report to the division within 5 days after identification or diagnosis of any person who has a moderate-to-severe brain or spinal cord injury. The consent of such person shall not be required.

(2) The report shall contain the name, age, residence, and type of disability of the individual and such additional information as may be deemed necessary by the division. History: s. 3, ch. 74-254; s. 1, ch. 75-168; s. 4, ch. 87-320; s. 33, ch. 94-324.

413.49 Duties and responsibilities of the division. ---

Consistent with the mandate of s. 413.46, the division shall develop and administer a multilevel treatment program for persons who have brain or spinal cord injuries and who are referred to the brain and spinal cord injury program.

(1) Within 15 days after any report of a person who has a brain or spinal cord injury, the division shall notify the individual or the most immediate available family members of their right to assistance from the state, the services available, and the eligibility requirements.

(2) The division shall refer persons who have brain or spinal cord injuries to other state agencies to assure that rehabilitative services, if desired, are obtained by that person.

(3) The division, in consultation with emergency medical service, shall develop standards for an emergency medical evacuation system that will ensure that all persons who sustain traumatic brain or spinal cord injuries are transported to a division-approved trauma center that meets the standards and criteria established by the emergency medical service and the acute-care standards of the brain and spinal cord injury program.

(4) The division shall develop standards for designation of rehabilitation centers to provide rehabilitation services for persons who have brain or spinal cord injuries.

(5) The division shall determine the appropriate number of designated acute-care facilities, inpatient rehabilitation centers, and outpatient rehabilitation centers, needed based on incidence, volume of admissions, and other appropriate criteria.

(6) The division shall develop standards for designation of transitional living facilities to provide individuals the opportunity to adjust to their disabilities and to develop physical and functional skills in a supported living environment.

(a) The Agency for Health Care Administration, in consultation with the division, shall develop rules for the licensure of transitional living facilities for persons who have brain or spinal cord injuries.

(b) The goal of a transitional living program for persons who have brain or spinal cord injuries is to assist each person who has such a disability to achieve a higher level of independent functioning and to enable that person to reenter the community. The program shall be focused on preparing participants to return to community living.

(c) A transitional living facility for a person who has a brain or spinal cord injury shall provide to such person, in a residential setting, a time-limited, goal-oriented treatment program designed to improve the person's physical, cognitive, communicative, behavioral, psychological, and social functioning, as well as to provide necessary support and supervision.

(d) All residents shall use the transitional living facility as a temporary measure and not as a permanent home or domicile.

(7) Recipients of services, under this section, from any of the facilities referred to in this section shall pay a fee based on ability to pay. History: s. 4, ch. 74-254; s. 5, ch. 87-320; s. 34, ch. 94-324.

413.507 Eligibility for the brain and spinal cord injury program. ---

(1) An individual shall be accepted as eligible for the brain and spinal cord injury program following certification by the division that the individual:

(a) Has been referred to the central registry pursuant to s. 413.48.

(b) Is a legal resident of this state at the time of application for services.

(c) Has suffered a traumatic injury as defined in s. 413.20.

(d) Is medically stable as defined by rules of the division.

(e) Is reasonably expected to achieve reintegration into the community through rehabilitative services.

(2) In the event the division is unable to provide services to all eligible individuals, the division may establish an order of selection. History: s. 35, ch. 94-324.

413.604 Nursing home residents, age 55 and under; annual survey. ---

The division shall conduct an annual survey of nursing homes in the state to determine the number of persons 55 years of age and under who reside in such homes due to brain or spinal cord injuries. All persons identified in such a survey shall be evaluated as to their rehabilitation potential, and any person who may benefit from rehabilitation shall be given an opportunity to participate in an appropriate rehabilitation program for which he may be eligible. History: s. 18, ch. 76-201; s. 8, ch. 87-320; s. 36, ch. 94-324.

413.605 Advisory council on brain and spinal cord injuries. ---

(1) There is created within the department a 16-member advisory council on brain and spinal cord injuries. The council shall be composed of a minimum of four persons who have brain injuries or are family members of persons who have brain injuries, a minimum of four persons who have spinal cord injuries or are family members of persons who have spinal cord injuries, and a minimum of two persons who represent the special needs of children who have brain or spinal cord injuries. The balance of the council members shall be physicians, other allied health professionals, administrators of brain and spinal cord injury programs, and representatives from support groups that have expertise in areas related to the rehabilitation of persons who have brain or spinal cord injuries.

(2) Members of the council shall be appointed to serve by the secretary. An individual may not serve more than two terms.

(a) Eight members of the first appointed council shall serve an initial term of 2 years. This group shall include two persons who have brain injuries or are family members of persons who have brain injuries, two persons who have spinal cord injuries or are family members of persons who have spinal cord injuries, and four other persons from the previous council.

(b) The remaining members of the first appointed council shall serve an initial term of 4 years. Thereafter all members' terms shall be for 4 years.

(c) Any council member who is unwilling or unable to properly fulfill the duties of the office shall be succeeded by a person chosen by the secretary to serve out the unexpired balance of the replaced council member's term. If the unexpired balance of the replaced council member's term is less than 18 months, then, notwithstanding the provisions of this subsection, the succeeding council member may be reappointed by the secretary twice.

(3) The council shall meet at least two times annually.

(4) The council shall provide advice and expertise to the division in the preparation, implementation, and periodic review of the brain and spinal cord injury program as referenced in s. 413.49.

(5) The membership of the council shall be appointed not later than August 1, 1994. History: s. 19, ch. 76-201; s. 9, ch. 87-320; s. 2, ch. 88-303; s. 5, ch. 91-429; s. 37, ch. 94-324.

413.613 Brain and Spinal Cord Injury Rehabilitation Trust Fund. ---

(1) There is created in the State Treasury the Brain and Spinal Cord Injury Rehabilitation Trust Fund. Moneys in the fund shall be appropriated to the division for the purpose of providing the cost of care for brain or spinal cord injuries as a payor of last resort to residents of this state, for multilevel programs of care established pursuant to s. 413.49.

(a) Authorization of expenditures for brain or spinal cord injury care shall be made only by the division.

(b) Authorized expenditures include acute care, rehabilitation, transitional living, equipment, and supplies necessary for activities of daily living, public information, prevention, education, and research.

(2) The division shall issue a report to the President of the Senate and the Speaker of the House of Representatives by March 1 of each year, summarizing the activities supported by the trust fund.

(3) Annually, 5 percent of the revenues deposited monthly in the fund pursuant to s. 318.21(2)(d) shall be appropriated to the University of Florida and 5 percent to the University of Miami for spinal cord injury and brain injury research. The amount to be distributed to the universities shall be calculated based on the deposits into the fund for each quarter in the fiscal year, but may not exceed $500,000 per university per year. Funds distributed under this subsection shall be made in quarterly payments at the end of each quarter during the fiscal year.

(4) The Board of Regents shall establish a program review process and may allocate up to $10,000 of such funds for an overall program review which would include: a prospective program plan with goals, research design and proposed outcomes, and an annual report of research activities and findings. Prospective program plans shall be submitted to the Board of Regents, and funds shall be released upon acceptance of the proposed program plans. The annual report of research activities and findings shall be submitted to the Board of Regents, with the executive summaries submitted to the President of the Senate, the Speaker of the House of Representatives, and the secretary of the Department of Labor and Employment Security. History: s. 63, ch. 88-381; s. 2, ch. 92-65; s. 38, ch. 94-324.

413.615 Florida Endowment for Vocational Rehabilitation. ---

(1) SHORT TITLE. This section may be cited as the "Florida Endowment for Vocational Rehabilitation Act."

(2) DEFINITIONS. For the purposes of this section:

(a) "Board" means the board of directors of the Florida Endowment Foundation for Vocational Rehabilitation.

(b) "Endowment fund" means an account established within the Florida Endowment Foundation for Vocational Rehabilitation to provide a continuing and growing source of revenue for vocational rehabilitation efforts.

(c) "Foundation" means the Florida Endowment Foundation for Vocational Rehabilitation.

(d) "Operating account" means an account established under paragraph (4)(d) to carry out the purposes provided in subsection (10).

(3) LEGISLATIVE INTENT. The Legislature recognizes that it is in the best interest of the citizens of this state that citizens with disabilities be afforded a fair opportunity to become self-supporting, productive members of society. However, there is a critical need for significant additional funding to achieve this goal. Accordingly, the Legislature further finds and declares that:

(a) With skilled evaluation procedures and proper rehabilitative treatment, plus employment, training, and supportive services consistent with the needs of the individual, persons who are disabled can assume the activities of daily living and join their communities with dignity and independence.

(b) The purpose of this section is to broaden the participation and funding potential for further significant support for the rehabilitation of Florida citizens who are disabled.

(c) It is appropriate to encourage individual and corporate support and involvement, as well as state support and involvement, to promote employment opportunities for disabled citizens.

(4) REVENUE FOR THE ENDOWMENT FUND.

(a) The endowment fund of the Florida Endowment for Vocational Rehabilitation is created as a long-term, stable, and growing source of revenue to be administered, in accordance with rules promulgated by the division, by the foundation as a direct-support organization of the division.

(b) The principal of the endowment fund shall derive from the deposits made pursuant to s. 318.21(2)(e), together with any legislative appropriations which may be made to the endowment, and such bequests, gifts, grants, and donations as may be solicited for such purpose by the foundation from public or private sources.

(c) The State Board of Administration shall invest and reinvest moneys of the endowment fund principal in accordance with the provisions of ss. 215.44-215.53. Interest and investment income earned on the endowment fund principal, plus 50 percent of the principal generated during the reporting period, shall be annually transmitted to the foundation, based upon a fiscal year which shall run from July 1 through June 30, and shall be deposited in the foundation's operating account, for distribution as provided in subsection (10).

(d) The board of directors of the foundation shall establish the operating account and shall deposit therein the moneys generated from the annual proceeds earned on the endowment fund principal, plus 50 percent of the principal generated during the reporting period, pursuant to paragraph (c). Moneys in the operating account shall be available to carry out the purposes of subsection (10).

(5) THE FLORIDA ENDOWMENT FOUNDATION FOR VOCATIONAL REHABILITATION. The Florida Endowment Foundation for Vocational Rehabilitation is hereby created as a direct-support organization of the Division of Vocational Rehabilitation, to encourage public and private support to enhance vocational rehabilitation and employment of citizens who are disabled. As a direct-support organization, the foundation shall operate under contract with the division and shall:

(a) Be a Florida corporation not for profit incorporated under the provisions of chapter 617 and approved by the Department of State.

(b) Be organized and operated exclusively to raise funds; to submit requests and receive grants from the Federal Government, the state, private foundations, and individuals; to receive, hold, and administer property; and to make expenditures to or for the benefit of the rehabilitation programs approved by the board of directors of the foundation.

(c) Be approved by the division to be operating for the benefit and best interest of the state.

(6) DIRECT-SUPPORT ORGANIZATION CONTRACT. The contract between the foundation and the division shall provide for:

(a) Approval of the articles of incorporation of the foundation by the division.

(b) Governance of the foundation by a board of directors appointed by the Governor.

(c) Submission of an annual budget of the foundation for approval by the division.

(d) Certification by the division, after an annual financial and performance review, that the foundation is operating in compliance with the terms of the contract and the rules of the division, and in a manner consistent with the goals of the Legislature in providing assistance to disabled citizens.

(e) The release and conditions of the expenditure of any state revenues.

(f) The reversion to the state of moneys in the foundation and in any other funds and accounts held in trust by the foundation if the contract is terminated.

(g) The fiscal year of the foundation, to begin on July 1 and end on June 30 of each year.

(7) CONFIDENTIALITY.

(a) The identity of a donor or prospective donor to the Florida Endowment Foundation for Vocational Rehabilitation who desires to remain anonymous and all information identifying such donor or prospective donor are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Portions of meetings of the Florida Endowment Foundation for Vocational Rehabilitation during which the identity of donors or prospective donors is discussed are exempt from the provisions of s. 286.011 and s. 24(b), Art. I of the State Constitution.

(b) Records relating to clients of or applicants to the Division of Vocational Rehabilitation that come into the possession of the foundation and that are confidential by other provisions of law are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, and may not be released by the foundation. Portions of meetings of the Florida Endowment Foundation for Vocational Rehabilitation during which the identities of such clients of or applicants to the Division of Vocational Rehabilitation are discussed are exempt from the provisions of s. 286.011 and s. 24(b), Art. I of the State Constitution.

(c) These exemptions are subject to the Open Government Sunset Review Act in accordance with [Footnote 1] s. 119.14.

(8) BOARD OF DIRECTORS. The foundation shall be administered by a board of directors, as follows:

(a) Membership. The board of directors shall consist of nine members who have an interest in service to persons with disabilities and who: 1. Have skills in foundation work or other fundraising activities, financial consulting, or investment banking or other related experience; or 2. Have experience in policymaking or management-level positions or have otherwise distinguished themselves in the field of business, industry, or rehabilitation. Disabled individuals who meet the above criteria shall be given special consideration for appointment.

(b) Appointment. The board members shall be appointed by the Governor.

(c) Terms. Board members shall serve for 3-year terms or until resignation or removal for cause.

(d) Filling of vacancies. In the event of a vacancy on the board caused by other than the expiration of a term, a new member shall be appointed.

(e) Removal for cause. Each member is accountable to the Governor for the proper performance of the duties of office. The Governor may remove any member from office for malfeasance, misfeasance, neglect of duty, incompetence, or permanent inability to perform official duties or for pleading nolo contendere to, or being found guilty of, a crime.

(9) ORGANIZATION, POWERS, AND DUTIES. Within the limits prescribed in this section or by rule of the division:

(a) Upon appointment, the board shall meet and organize. Thereafter, the board shall hold such meetings as are necessary to implement the provisions of this section and shall conduct its business in accordance with rules promulgated by the division.

(b) The board may solicit and receive bequests, gifts, grants, donations, goods, and services. Where gifts are restricted as to purpose, they may be used only for the purpose or purposes stated by the donor. The board may transmit monetary gifts to the State Board of Administration for deposit in the endowment fund principal.

(c) The board may enter into contracts with the Federal Government, state or local agencies, private entities, or individuals to carry out the purposes of this section.

(d) The board may identify, initiate, and fund new and creative programs to carry out the purposes of this section, utilizing existing organizations, associations, and agencies to carry out such rehabilitation programs and purposes wherever possible.

(e) The board may make gifts or grants: 1. To the State of Florida or any political subdivision thereof, or any public agency of state or local government. 2. To a corporation, trust, association, or foundation organized and operated exclusively for charitable, educational, or scientific purposes. 3. To any citizen who has a documented disability. 4. To the division for purposes of program recognition and marketing, public relations and education, professional development, and technical assistance and workshops for grant applicants and recipients, the business community, and individuals with disabilities or recognized groups organized on their behalf.

(f) The board may advertise and solicit applications for funding and shall evaluate applications and program proposals submitted thereto. Funding shall be awarded only where the evaluation is positive and the proposal meets both the guidelines for use established in subsection (10) and such evaluation criteria as the division may prescribe by rule.

(g) The board shall monitor, review, and annually evaluate funded programs to determine whether funding should be continued, terminated, reduced, or increased.

(h) The board shall establish an operating account as provided in paragraph (4)(d).

(i) The board may take such additional actions, including the hiring of necessary staff, as are deemed necessary and appropriate to administer this section, subject to rules of the division.

(10) DISTRIBUTION OF MONEYS. Interest and investment income accruing to the endowment fund principal, plus 50 percent of the principal generated during the reporting period, shall be annually transmitted by the State Board of Administration to the foundation board for deposit in the operating account. The board shall use the moneys in the operating account, by whatever means, to provide for:

(a) Planning, research, and policy development for issues related to the employment and training of disabled citizens, and publication and dissemination of such information as may serve the objectives of this section.

(b) Promotion of initiatives for disabled citizens.

(c) Funding of programs which engage in, contract for, foster, finance, or aid in job training and counseling for disabled citizens or research, education, demonstration, or other activities related thereto.

(d) Funding of programs which engage in, contract for, foster, finance, or aid in activities designed to advance better public understanding and appreciation of the field of vocational rehabilitation.

(e) Funding of programs, property, or facilities which aid, strengthen, and extend in any proper and useful manner the objectives, work, services, and physical facilities of the division, in accordance with the purposes of this section.

(11) ANNUAL AUDIT. The board shall cause an annual audit of the foundation's financial accounts to be conducted by an independent certified public accountant in accordance with rules adopted by the division. The annual audit report shall be submitted to the Auditor General and to the division for review. The Auditor General and the division are each authorized to require and receive from the foundation, or from its independent auditor, any relevant detail or supplemental data; however, the identities of donors and prospective donors who desire to remain anonymous shall be protected, and that anonymity shall be maintained in the auditor's report.

(12) ANNUAL REPORT. The board shall issue a report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Secretary of Labor and Employment Security by February 1 each year, summarizing the performance of the endowment fund for the previous fiscal year, summarizing the foundation's fundraising activities and performance, and detailing those activities and programs supported by the endowment principal or earnings on the endowment principal or by bequests, gifts, grants, donations, and other valued goods and services received.

(13) RULES. The division shall promulgate rules for the implementation of this section. History: s. 9, ch. 90-330; s. 5, ch. 91-200; s. 1, ch. 94-150; s. 39, ch. 94-324; s. 1, ch. 95-128. [Footnote 1] Note. A. Repealed by s. 1, ch. 95-217. B. Section 4, ch. 95-217, provides that "notwithstanding any provision of law to the contrary, exemptions from chapter 119, Florida Statutes, or chapter 286, Florida Statutes, which are prescribed by law and are specifically made subject to the Open Government Sunset Review Act in accordance with section 119.14, Florida Statutes, are not subject to review under that act, and are not abrogated by the operation of that act, after October 1, 1995."

413.70 Limiting disabilities program; establishment; purpose. ---

The division shall establish and maintain a limiting disabilities program. The program shall provide rehabilitation services to persons who have a limiting disability if such persons are unable to obtain rehabilitation services offered by other state or local agencies or pursuant to other programs established in this part. Further, the program shall provide a referral and information service for any persons requesting vocational rehabilitation services and other related services. History: s. 11, ch. 90-330; s. 40, ch. 94-324.

413.72 Eligibility. ---

(1) A person who has a limiting disability must document his limiting disability through diagnostics provided by him or by the division to be eligible for services provided through the limiting disabilities program. Any person who has a rapidly changing condition is not eligible for such services.

(2) A person who has a limiting disability and who requires multiple rehabilitation services over an extended period of time or requires occupational placement services in conjunction with rehabilitation services shall be referred by the division to its vocational rehabilitation program or shall be served under other provisions of this part or other applicable law. History: s. 13, ch. 90-330; s. 41, ch. 94-324.

413.73 Disability assistance program. ---

The division shall:

(1) Provide rehabilitation services to persons who have limiting disabilities. Prior to providing these services, the division shall determine if the services are provided by any other agency and if so shall coordinate the rehabilitation services through such agency.

(2) Establish and maintain a toll-free telephone service during workdays between 8 a.m. and 5 p.m. to respond to persons in this state who request information pertaining to rehabilitation services and related services and to provide referral services to such persons.

(3) Maintain a coordinated referral and followup system to enable it to determine whether services were provided by an agency and if so the kind of services provided.

(4) Analyze the information collected through its referral and followup system and report the results of the analysis, including in such analysis a needs assessment for persons who have limiting disabilities, to the Governor, the President of the Senate, and the Speaker of the House of Representatives annually on or before November 1.

(5) Establish an educational and informational program to inform the public and other agencies of its referral procedures and the kinds of services available and to publicize its toll-free telephone service.

(6) Adopt rules to implement the objectives of the limiting disabilities program. History: s. 14, ch. 90-330; s. 42, ch. 94-324.

413.731 Legislative funding; contracting for services. ---

(1) The services prescribed to be provided by the division pursuant to this part are required only to the extent they are funded by the Legislature.

(2) The division may also apply for funds and grants from private sources, the Federal Government, or any other source.

(3) The division may contract with other persons to provide the services which it is required to provide.

(4) Notwithstanding anything contained in this part to the contrary, the division is the payor of last resort regarding the provision of any services under this part. History: s. 15, ch. 90-330; s. 43, ch. 94-324.

413.74 Other agencies; cooperation and referral. ---

(1) When an individual contacts any public agency requesting rehabilitation services, the agency shall determine whether the individual's needs can be met by that agency. If the agency determines that it cannot meet the individual's needs and it knows of no resources in the community that can meet the individual's needs, the agency shall refer the individual to the division via a toll-free telephone number.

(2) Every public agency shall cooperate with the division to ensure that rehabilitation services are available. History: s. 16, ch. 90-330; s. 44, ch. 94-324.