Florida 2020 Regular Session Status: In Committee

SB 1784 — Vocational Rehabilitation Services

Last action — Laid on Table, refer to CS/HB 901

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Vocational Rehabilitation Services; Revising information that the Division of Vocational Rehabilitation must include in its annual performance report to the Governor and the Legislature; requiring the division to provide preemployment transition services to potentially eligible persons; requiring preemployment transition services to be provided to certain individuals with disabilities under certain conditions; revising the composition of the Florida Rehabilitation Council, etc.

Bill Text

What changed in the latest version

458 added · 297 removed

458 line(s) added, 297 removed.

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Florida Senate - 2020 SB 1784 By Senator Gainer 2-01188A-20 20201784__ A bill to be entitled An act relating to vocational rehabilitation services;
Florida Senate - 2020 CS for SB 1784 By the Committee on Appropriations;
and Senator Gainer 576-04308-20 20201784c1 A bill to be entitled An act relating to vocational rehabilitation services;
revising and providing definitions;
defining the term “preemployment transition services”;
requiring the division to provide preemployment transition services to certain eligible persons with disabilities;
requiring the division to provide preemployment transition services to potentially eligible persons;
requiring the division to cooperate with contracted providers to provide such services;
providing eligibility requirements for the provision of preemployment transition services;
removing provisions relating to trial work evaluation requirements;
providing for an extension of such assessment under certain circumstances;
providing for an extension of time for the division’s assessment under certain circumstances;
creating s.
413.301, F.S.;
requiring preemployment transition services to be provided to certain individuals with disabilities under certain conditions;
requiring that the division provide such services within a reasonable period of time under certain circumstances;
requiring the division to work with qualified providers to provide such services under certain circumstances;
revising the responsibilities of the Florida Rehabilitation Council to conform to changes made by the act;
revising the responsibilities of the council to conform to changes made by the act;
requiring the division to enter into formal interagency agreements with certain entities for certain purposes;
requiring the division to enter into a formal interagency agreement with the state education agency for certain purposes;
requiring that such agreements meet specified requirements;
requiring that such agreement meet specified requirements;
requiring the division to work with local educational agencies to provide specified services and arrange for timely referrals;
413.731, F.S.;
413.615, F.S.;
requiring the division to contract with other providers to provide preemployment transition services under certain circumstances;
revising definitions and legislative intent;
revising provisions relating to revenue for the endowment fund of the Florida Endowment for Vocational Rehabilitation;
revising provisions relating to the board of directors of the Florida Endowment Foundation;
revising provisions relating to administrative costs of the foundation;
413.74, F.S.;
requiring school districts and public agencies to use the Student Transition Activities Record program for the referral of certain students with disabilities;
amending s.
37 Be It Enacted by the Legislature of the State of Florida:
46 Be It Enacted by the Legislature of the State of Florida:
39 Section 1. Present subsections (20) through (27) of section 413.20, Florida Statutes, are redesignated as subsections (21) through (28), respectively, a new subsection (20) is added to that section, and subsection (3) of that section is amended, to read:
48 Section 1. Present subsections (20) through (27) of section 413.20, Florida Statutes, are redesignated as subsections (21) through (28), respectively, and a new subsection (20) is added to that section, to read:
(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, including preemployment transition 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.
(20) “Preemployment transition services” means the services of job exploration counseling, work-based learning experiences, counseling on comprehensive transition or postsecondary education programs, workplace readiness training, and instruction in self-advocacy as required by the Workforce Innovation and Opportunity Act of 2014, which may be provided to students with disabilities who are eligible or potentially eligible for vocational rehabilitation services.
If additional data is necessary, the division must make a comprehensive assessment of the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, 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 plan for employment.
Section 2. Present paragraph (d) of subsection (4) of section 413.207, Florida Statutes, is redesignated as paragraph (e), a new paragraph (d) and paragraph (f) are added to that subsection, and paragraph (a) of that subsection is amended, to read:
(20) “Preemployment transition services” means the services of job exploration counseling, work-based learning experiences, counseling on postsecondary education, workplace readiness training, and instruction in self-advocacy as required by the Workforce Innovation and Opportunity Act of 2014, which may be provided to students with disabilities who are eligible or potentially eligible for vocational rehabilitation services.
Section 2. Present paragraph (d) of subsection (4) of section 413.207, Florida Statutes, is redesignated as paragraph (e), new paragraph (d) and paragraph (f) are added to that subsection, and paragraph (a) of that subsection is amended, to read:
413.23 Administration.—The division shall provide vocational rehabilitation services, including preemployment transition 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:
413.23 Administration.—The division shall provide vocational rehabilitation services to persons who have disabilities determined to be eligible therefor and preemployment transition services to persons potentially eligible for such services and, in carrying out the purposes of this part, is authorized, among other things:
(1) To cooperate with other departments, agencies, public and private and institutions, both public and private, and contracted providers in providing for the vocational rehabilitation and preemployment transition services 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;
(1) To cooperate with other departments, agencies, public and private and institutions, both public and private, and providers in providing for the vocational rehabilitation and preemployment transition services 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;
Section 4. Present subsections (2) through (8) of section 413.30, Florida Statutes, are redesignated as subsections (3) through (9), respectively, a new subsection (2) is added to that section, and present subsections (3) and (5) of that section are amended, to read:
Section 4. Subsections (3) and (5) of section 413.30, Florida Statutes, are amended to read:
413.30 Eligibility for vocational rehabilitation services.— (2) Preemployment transition services shall be provided to an individual with disabilities who is between 14 and 21 years of age;
413.30 Eligibility for vocational rehabilitation services.— (3) An individual is 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.
who is eligible or potentially eligible for vocational rehabilitation services in a secondary, postsecondary, or other recognized education program;
and who has:
(a) A current individual education plan developed by a local school board in accordance with rules of the State Board of Education;
or (b) A 504 accommodation plan issued under s.
504 of the Rehabilitation Act of 1973.
(4)(3) An individual is presumed to benefit in terms of an employment outcome from vocational rehabilitation services or preemployment transition 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 or preemployment transition services in terms of an employment outcome.
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The evaluation must determine the eligibility of the individual and the nature and scope of needed vocational rehabilitation services or preemployment transition services.
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 or preemployment transition services.
The extended evaluation must be reviewed once every 90 days to determine whether the individual is eligible for vocational rehabilitation services.
(6)(5) When the division determines that an individual is eligible for vocational rehabilitation services or preemployment transition services, the division must complete an assessment for determining eligibility and vocational rehabilitation or preemployment transition needs and ensure that an individualized plan for employment is prepared within a reasonable period of time, not to exceed 90 days after the date of eligibility determination, unless unforeseen circumstances beyond the control of the division prevent the division from completing the assessment and individualized plan for employment within the 90 day timeframe and the division and the individual agree that an extension of time is warranted.
(5) When the division determines 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 plan for employment is prepared within a reasonable period of time, not to exceed 90 days after the date of eligibility determination, unless unforeseen circumstances beyond the control of the division prevent the division from completing the assessment and individualized plan for employment within the 90-day timeframe and the division and the individual agree that an extension of time is warranted.
Section 5. Paragraph (h) of subsection (1) and paragraph (d) of subsection (9) of section 413.405, Florida Statutes, are amended to read:
Section 5. Section 413.301, Florida Statutes, is created to read:
413.301 Preemployment transition services.— (1) Preemployment transition services shall be provided to an individual with disabilities who is between 14 and 21 years of age;
who is potentially eligible for vocational rehabilitation services in a secondary, postsecondary, or other recognized education program;
and who:
(a) Has a current individual education plan developed by a local school board in accordance with rules of the State Board of Education;
or (b) Meets the definition of an individual with a disability for the purposes of s.
504 of the Rehabilitation Act of 1973.
(2) When the division receives documentation that an individual meets the conditions described in subsection (1), the division must provide preemployment transition services within a reasonable period of time, not to exceed 90 days after the date that it receives an individual’s consent or, for a minor, a parent’s or legal guardian’s consent, to receive services, unless unforeseen circumstances beyond the control of the division prevent the division from providing services within the 90-day timeframe and the division and the individual or, for a minor, a parent or legal guardian agree that an extension of time is warranted.
(3) If the division is unable to provide preemployment transition services within the timeframe required in subsection (2), the division must, upon the request of the individual, or for a minor, a parent or legal guardian, work with other qualified providers to provide such services.
Section 6. Paragraph (h) of subsection (1) and paragraph (d) of subsection (9) of section 413.405, Florida Statutes, are amended to read:
and, for youth with disabilities, the availability of career pathways, including work-based learning experiences and customized employment.
and for youth who have disabilities, the availability of career pathways, including work-based learning experiences and customized employment.
Section 6. Section 413.41, Florida Statutes, is amended to read:
Section 7. Section 413.41, Florida Statutes, is amended to read:
(2)(a) The division shall enter into a formal interagency agreement with the state education agency that provides for the transition of students with disabilities, including preemployment transition services and other vocational rehabilitation services as required by s.
(2)(a) The division shall enter into a formal interagency agreement with the state education agency that provides for the transition of students who have disabilities, including preemployment transition services and other vocational rehabilitation services as required by s.
(b) The division shall enter into formal interagency agreements with all local educational agencies which are consistent with the state level agreement and address the requirements for providing vocational rehabilitation services, including referral of students with disabilities through the Student Transition Activities Record program who may be eligible for preemployment transition services.
(b) The division shall work with all local educational agencies to provide vocational rehabilitation services, including preemployment transition services, to students with disabilities.
The agreements must also include any preemployment transition coordination activities, such as attending individual education plan meetings for students with disabilities or attending person-centered planning meetings for students with disabilities who are receiving services under title XIX of the Social Security Act.
Such services may also include any preemployment transition coordination activities, such as attending individual education plan meetings for students with disabilities or attending person-centered planning meetings for students with disabilities who are receiving services under Title XIX of the Social Security Act.
Section 7. Present subsection (4) of section 413.731, Florida Statutes, is redesignated as subsection (5), and a new subsection (4) is added to that section, to read:
The division and local educational agencies must arrange for the timely referral of students for services, including electronic referral as prescribed by the division.
413.731 Legislative funding;
Section 8. Subsections (2) through (6) and (8) and paragraphs (h) and (j) of subsection (9) of section 413.615, Florida Statutes, are amended to read:
contracting for services.— (4) If the division is unable to provide preemployment transition services for students with disabilities within 90 days after the date of determining service needs, the division must contract with other providers to provide such services.
413.615 Florida Endowment for Vocational Rehabilitation.— (2) DEFINITIONS.—For the purposes of this section:
Section 8. Subsection (3) is added to section 413.74, Florida Statutes, to read:
(a) “Board” means the board of directors of the Florida Endowment Foundation for the Division of Vocational Rehabilitation within the Department of Education.
413.74 Other agencies;
(b) “Endowment fund” means an account established within the Florida Endowment Foundation for the Division of Vocational Rehabilitation within the Department of Education to provide a continuing and growing source of revenue for vocational rehabilitation efforts.
cooperation and referral.— (3) School districts and public agencies shall use the Student Transition Activities Record program to refer students with disabilities who are potentially eligible for preemployment transition services to the division.
(c) “Foundation” means the Florida Endowment Foundation for the Division of Vocational Rehabilitation within the Department of Education.
(d) “Operating account” means an account established under paragraph (4)(c) (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 vocational 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 the Division of Vocational Rehabilitation within the Department of Education 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 of Vocational Rehabilitation within the Department of Education.
(b) The principal of the endowment fund shall derive from 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) All remaining liquid balances of funds held for investment and reinvestment by the State Board of Administration for the endowment fund on the effective date of this act shall be transmitted to the foundation within 60 days for use as provided in subsection (10).
(c)(d) The board of directors of the foundation shall establish the operating account and shall deposit therein the moneys transmitted pursuant to paragraph (c).
Moneys in the operating account shall be available to carry out the purposes of subsection (10).
(d)(e) Funds received from state sources shall be accounted for separately from bequests, gifts, grants, and donations which may be solicited for such purposes by the foundation from public or private sources.
Earnings on funds received from state sources and funds received from public or private sources shall be accounted for separately.
(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 within the Department of Education, 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.
The division may not approve an annual budget that does not comply with paragraph (9)(j).
(d) Approval 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 orderly cessation of operations and reversion to the state of funds held in trust by the foundation if the contract is terminated, the foundation is dissolved, or this section is repealed.
(g) The fiscal year of the foundation, to begin on July 1 and end on June 30 of each year.
(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 the director of the Division of Vocational Rehabilitation within the Department of Education, or his or her designee, who shall serve as an ex officio member, and nine other 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.
395 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 two 3-year terms or until resignation or removal for cause.
A board member may continue to serve until a successor is appointed.
(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:
(h) The board shall establish an operating account as provided in paragraph (4)(c) (4)(d).
(j) Administrative costs shall be kept to the minimum amount necessary for the efficient and effective administration of the foundation and are limited to 15 percent of total actual estimated expenditures in any fiscal calendar year.
Administrative costs include payment of travel and per diem expenses of board members, officer salaries, chief executive officer program management, audits, salaries or other costs for nonofficers and contractors providing services that are not directly related to the mission of the foundation as described in subsection (5), costs of promoting the purposes of the foundation, all travel and per diem expenses of board members, officers’ salaries, chief executive officer program management, and other allowable costs.
Administrative costs may be paid from the following sources:
1. Interest and earnings on the endowment principal for the 2017-2018 fiscal year.
2. Private sources and up to 75 percent of interest and earnings on the endowment principal for the 2018-2019 fiscal year.
3. Private sources and up to 50 percent of interest and earnings on the endowment principal for the 2019-2020 fiscal year.
1.4. Private sources and up to 25 percent of interest and earnings on the endowment principal for the 2020-2021 fiscal year.
2.5. Solely private sources for the 2021-2022 fiscal year and thereafter.
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Action History

  1. Laid on Table, refer to CS/HB 901

  2. Substituted CS/HB 901

  3. Read 2nd time

  4. Placed on Special Order Calendar, 03/10/20

  5. CS by Appropriations read 1st time

  6. Placed on Calendar, on 2nd reading

  7. Pending reference review -under Rule 4.7(2) - (Committee Substitute)

  8. CS by- Appropriations; YEAS 16 NAYS 0

  9. On Committee agenda-- Appropriations, 02/27/20, 9:00 am, 412 Knott Building

  10. Now in Appropriations

  11. Subcommittee Recommendation: CS by Appropriations Subcommittee on Education; YEAS 7 NAYS 0

  12. On Committee agenda-- Appropriations Subcommittee on Education, 02/13/20, 10:00 am, 412 Knott Building

  13. Now in Appropriations Subcommittee on Education

  14. Favorable by Education; YEAS 6 NAYS 0

  15. On Committee agenda-- Education, 02/03/20, 1:30 pm, 412 Knott Building

  16. Introduced

  17. Referred to Education; Appropriations Subcommittee on Education; Appropriations

  18. Filed

Sponsors

  • Gainer · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Gainer

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable with Committee Substitute

Passed 16 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 13004
Republican 2001
Democrat 1000
Total 16005
% of votes cast 76%0%0%24%
How each member voted (21)
Member Party Vote
Bean — Yea
Book — Yea
Brandes — Yea
Braynon — Yea
Flores — Yea
Gainer — Yea
Gibson — Yea
Montford — Yea
Powell — Yea
Simmons — Yea
Stewart — Yea
Thurston — Yea
Simpson — Yea
Benacquisto — Not Voting
Hutson — Not Voting
Lee — Not Voting
Stargel — Not Voting
Rouson, Darryl Ervin Democrat Yea
Bradley, Jennifer Republican Yea
Mayfield, Debbie Republican Not Voting
Passidomo, Kathleen Republican Yea

Official roll call →

Favorable with Committee Substitute

Passed 7 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
No Party Affiliation 1000
Total 7001
% of votes cast 88%0%0%13%
How each member voted (8)
Member Party Vote
Baxley — Yea
Book — Yea
Flores — Yea
Simmons — Yea
Diaz — Yea
Stargel — Yea
Montford — Not Voting
Pizzo, Jason W. B. No Party Affiliation Yea

Official roll call →

Favorable with Committee Substitute

Passed 6 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 5002
Democrat 1000
Total 6002
% of votes cast 75%0%0%25%
How each member voted (8)
Member Party Vote
Baxley — Yea
Cruz — Yea
Perry — Yea
Stargel — Yea
Diaz — Yea
Simmons — Not Voting
Montford — Not Voting
Berman, Lori Democrat Yea

Official roll call →

Subjects

civil-rights labor education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1784 do?
Vocational Rehabilitation Services; Revising information that the Division of Vocational Rehabilitation must include in its annual performance report to the Governor and the Legislature; requiring the division to provide preemployment transition services to potentially eligible persons; requiring preemployment transition services to be provided to certain individuals with disabilities under certain conditions; revising the composition of the Florida Rehabilitation Council, etc.
Who sponsors SB 1784?
SB 1784 is sponsored by Gainer.
What is the current status of SB 1784?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1784?
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