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       Florida Senate - 2010                             CS for SB 1806
       By the Committee on Education Pre-K - 12; and Senator Detert
       581-04245-10                                          20101806c1
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 413.20,
    3         F.S.; redefining and deleting terms relating to
    4         vocational rehabilitation programs; replacing an
    5         obsolete term; amending s. 413.30, F.S.; revising
    6         provisions relating to eligibility for vocational
    7         rehabilitation services; providing for an
    8         individualized plan for employment; requiring the
    9         Division of Vocational Rehabilitation in the
   10         Department of Education to conduct trial work
   11         experiences before determining that an individual is
   12         incapable of benefiting from services; requiring the
   13         division to refer an individual to other services if
   14         the division determines that the individual is
   15         ineligible for vocational rehabilitation services;
   16         requiring the division to serve those having the most
   17         significant disabilities first under specified
   18         circumstances; conforming provisions to changes made
   19         by the act; amending s. 413.341, F.S.; allowing
   20         confidential records to be released for audit, program
   21         evaluation, or research purposes; amending s. 413.371,
   22         F.S.; requiring the division to administer an
   23         independent living program; conforming provisions to
   24         changes made by the act; repealing the division’s
   25         authority to contract for specified services; amending
   26         s. 413.393, F.S.; correcting references and conforming
   27         provisions to changes made by the act; amending s.
   28         413.40, F.S.; revising the division’s powers to
   29         administer the independent living program; authorizing
   30         the division to employ specified individuals and to
   31         contract for services in accordance with the state
   32         plan for independent living; conforming provisions to
   33         changes made by the act; amending s. 413.405, F.S.;
   34         revising the membership of the Florida Rehabilitation
   35         Council; providing that Department of Education
   36         employees may serve only as nonvoting members;
   37         revising provisions relating to terms of office;
   38         revising council functions; correcting references and
   39         replacing obsolete cross-references; amending s.
   40         413.407, F.S.; correcting a reference; repealing s.
   41         413.206, F.S., relating to a 5-year plan for the
   42         division; repealing s. 413.39, F.S., relating to
   43         administration of the independent living program;
   44         repealing ss. 413.70 and 413.72, F.S., relating to the
   45         limiting disabilities program; repealing s. 413.73,
   46         F.S., relating to the disability assistance program;
   47         repealing s. 1013.05, F.S., relating to the Office of
   48         Educational Facilities and SMART Schools
   49         Clearinghouse; amending ss. 163.31777, 1001.20, and
   50         1013.04, F.S.; deleting obsolete references; amending
   51         s. 1013.21, F.S.; deleting obsolete references;
   52         requiring the Office of Educational Facilities in the
   53         Department of Education to monitor district facilities
   54         work programs; amending ss. 1013.33 and 1013.35, F.S.;
   55         deleting obsolete references; amending s. 1013.41,
   56         F.S.; deleting obsolete references; requiring the
   57         Office of Educational Facilities to assist school
   58         districts in building SMART schools; amending s.
   59         1013.42, F.S.; deleting obsolete references;
   60         specifying criteria for the prioritization of School
   61         Infrastructure Thrift Program awards; amending s.
   62         1013.72, F.S.; revising the cost per student station
   63         for purposes of School Infrastructure Thrift Program
   64         awards; deleting obsolete references; amending s.
   65         1013.73, F.S.; deleting an obsolete reference;
   66         requiring the Division of Statutory Revision of the
   67         Office of Legislative Services to prepare a reviser’s
   68         bill to make conforming changes to address past
   69         legislation amending terminology relating to the
   70         Florida College System; repealing s. 1004.87, F.S.,
   71         relating to Florida College System Task Force;
   72         repealing s. 1002.335, F.S., relating to the Florida
   73         Schools of Excellence Commission; amending s. 1002.33,
   74         F.S.; conforming provisions to changes made by the
   75         act; repealing s. 1003.413(5), F.S., relating to the
   76         Secondary School Improvement Award Program; repealing
   77         s. 1003.62, F.S., relating to academic performance
   78         based charter school districts; amending ss. 1011.69
   79         and 1013.64, F.S.; conforming provisions to changes
   80         made by the act; repealing ss. 1003.63 and
   81         1008.345(7), F.S., relating to the deregulated public
   82         schools pilot program; amending s. 1004.68, F.S.;
   83         conforming a cross-reference; repealing s. 1006.67,
   84         F.S., relating to the reporting of campus crime
   85         statistics; amending s. 1013.11, F.S.; conforming
   86         provisions to changes made by the act; repealing ss.
   87         1009.63 and 1009.631, F.S., relating to the
   88         occupational therapist or physical therapist critical
   89         shortage program; repealing s. 1009.632, F.S.,
   90         relating to the Critical Occupational Therapist or
   91         Physical Therapist Shortage Student Loan Forgiveness
   92         Program; repealing s. 1009.633, F.S., relating to the
   93         Critical Occupational Therapist or Physical Therapist
   94         Shortage Scholarship Loan Program; repealing s.
   95         1009.634, F.S., relating to the Critical Occupational
   96         Therapist or Physical Therapist Shortage Tuition
   97         Reimbursement Program; repealing s. 1009.64, F.S.,
   98         relating to the Certified Education Paraprofessional
   99         Welfare Transition Program; amending ss. 1009.40 and
  100         1009.94, F.S.; conforming provisions to changes made
  101         by the act; providing an effective date.
  103  Be It Enacted by the Legislature of the State of Florida:
  105         Section 1. Subsections (12) through (33) of section 413.20,
  106  Florida Statutes, are amended to read:
  107         413.20 Definitions.—As used in this part, the term:
  108         (12) “Independent living services” means any appropriate
  109  rehabilitation service that will enhance the ability of a person
  110  who has a significant severe disability to live independently,
  111  to function within her or his family and community and, if
  112  appropriate, to secure and maintain employment. Services may
  113  include, but are not limited to, psychological counseling and
  114  psychotherapeutic counseling; independent living care services;
  115  community education and related services; housing assistance;
  116  physical and mental restoration; personal attendant care;
  117  transportation; personal assistance services; interpretive
  118  services for persons who are deaf; recreational activities;
  119  services to family members of persons who have significant
  120  severe disabilities; vocational and other training services;
  121  telecommunications services; sensory and other technological
  122  aids and devices; appropriate preventive services to decrease
  123  the needs of persons assisted under the program; and other
  124  rehabilitation services appropriate for the independent living
  125  needs of a person who has a significant severe disability.
  126         (13) “Limiting disability” means a physical condition that
  127  constitutes, contributes to, or, if not corrected, will result
  128  in an impairment of one or more activities of daily living but
  129  does not result in an individual qualifying as a person who has
  130  a disability.
  131         (13)(14) “Occupational license” means any license, permit,
  132  or other written authority required by any governmental unit to
  133  be obtained in order to engage in an occupation.
  134         (14)(15) “Ongoing support services” means services provided
  135  at a twice-monthly minimum to persons who have a most
  136  significant disability, to:
  137         (a) Make an assessment regarding the employment situation
  138  at the worksite of each individual in supported employment or,
  139  under special circumstances at the request of the individual,
  140  offsite.
  141         (b) Based upon the assessment, provide for the coordination
  142  or provision of specific intensive services, at or away from the
  143  worksite, that are needed to maintain the individual’s
  144  employment stability.
  146  The ongoing support services may consist of, but are not limited
  147  to, the provision of skilled job trainers who accompany the
  148  individual for intensive job-skill training at the worksite, job
  149  development and placement, social skills training, followup
  150  services, and facilitation of natural supports at the worksite.
  151         (15)(16) “Person who has a disability” means an individual
  152  who has a physical or mental impairment that, for the
  153  individual, constitutes or results in a substantial impediment
  154  to employment and who can therefore benefit in terms of an
  155  employment outcome from vocational rehabilitation services. The
  156  term encompasses the terms “person who has a significant
  157  disability” and “person who has a most significant disability.”
  158         (16)(17) “Person who has a significant disability” means an
  159  individual who has a disability that is a severe physical or
  160  mental impairment that seriously limits one or more functional
  161  capacities, such as mobility, communication, self-care, self
  162  direction, interpersonal skills, work tolerance, or work skills,
  163  in terms of an employment outcome; whose vocational
  164  rehabilitation may be expected to require multiple vocational
  165  rehabilitation services over an extended period of time; and who
  166  has one or more physical or mental disabilities resulting from
  167  amputation, arthritis, autism, blindness, burn injury, cancer,
  168  cerebral palsy, cystic fibrosis, deafness, head injury, heart
  169  disease, hemiplegia, hemophilia, respiratory or pulmonary
  170  dysfunction, mental retardation, mental illness, multiple
  171  sclerosis, muscular dystrophy, musculoskeletal disorder,
  172  neurological disorder, including stroke and epilepsy,
  173  paraplegia, quadriplegia, or other spinal cord condition,
  174  sickle-cell anemia, specific learning disability, end-stage
  175  renal disease, or another disability or a combination of
  176  disabilities that is determined, after an assessment for
  177  determining eligibility and vocational rehabilitation needs, to
  178  cause comparable substantial functional limitation.
  179         (17)(18) “Person who has a most significant disability”
  180  means a person who has a significant disability who meets the
  181  designated administrative unit’s criteria for a person who has a
  182  most significant disability.
  183         (18)(19) “Personal assistance services” means a range of
  184  services, provided by one or more individuals persons, designed
  185  to assist a person who has a disability to perform daily living
  186  activities, on or off the job, that the person individual would
  187  typically perform if the person individual did not have a
  188  disability. Such services shall be designed to increase the
  189  person’s individual’s control in life and ability to perform
  190  everyday activities on or off the job. The services must be
  191  necessary for achieving an employment outcome and may be
  192  provided only if the person who has a disability is receiving
  193  other vocational rehabilitation services. The services may
  194  include training in managing, supervising, and directing
  195  personal assistance services.
  196         (19)(20) “Physical and mental restoration” means any
  197  medical, surgical, or therapeutic treatment necessary to correct
  198  or substantially modify a physical or mental condition that is
  199  stable or slowly progressive and constitutes an impediment to
  200  employment, but is of such nature that the treatment can
  201  reasonably be expected to correct or modify such impediment to
  202  employment within a reasonable length of time, including, but
  203  not limited to, medical, psychiatric, dental, and surgical
  204  treatment, nursing services, hospital care in connection with
  205  surgery or treatment, convalescent home care, drugs, medical and
  206  surgical supplies, and prosthetic and orthotic devices.
  207         (21) “Program” means an agency, organization, or
  208  institution, or a unit of an agency, organization, or
  209  institution, that provides directly or facilitates the provision
  210  of vocational rehabilitation services as one of its major
  211  functions.
  212         (22) “Rehabilitation” means those events and processes
  213  occurring after injury and progressing to ultimate stabilization
  214  and maximum possible recovery.
  215         (23) “Rehabilitation service” means any service, provided
  216  directly or indirectly through public or private agencies, found
  217  by the division to be necessary to enable a person who has a
  218  limiting disability to engage in competitive employment.
  219         (24) “Rules” means rules adopted by the department in the
  220  manner prescribed by law.
  221         (20)(25) “State plan” means the state plan approved by the
  222  Federal Government as qualifying for federal funds under the
  223  Rehabilitation Act of 1973, as amended. However, the term “state
  224  plan,” as used in ss. 413.393-413.401 413.39-413.401, means the
  225  state plan for independent living Rehabilitative Services under
  226  Title VII(A) of the Rehabilitation Act of 1973, as amended.
  227         (21)(26) “Supported employment” means competitive work in
  228  integrated working settings for persons who have most
  229  significant severe disabilities and for whom competitive
  230  employment has not traditionally occurred or for whom
  231  competitive employment has been interrupted or is intermittent
  232  as a result of such a severe disability. Persons who have most
  233  significant severe disabilities requiring supported employment
  234  need intensive supported employment services or extended
  235  services in order to perform such work.
  236         (22)(27) “Supported employment services” means ongoing
  237  support services and other appropriate services needed to
  238  support and maintain a person who has a most significant severe
  239  disability in supported employment. Supported employment
  240  services are based upon a determination of the needs of the
  241  eligible individual as specified in the person’s individualized
  242  plan for employment written rehabilitation program. The services
  243  are provided singly or in combination and are organized and made
  244  available in such a way as to assist eligible individuals in
  245  entering or maintaining integrated, competitive employment. The
  246  services are provided for a period of time not to extend beyond
  247  18 months, but can be extended under special circumstances with
  248  the consent of the individual in order to achieve the objectives
  249  of the rehabilitation plan.
  250         (23)(28) “Third-party coverage” means any claim for, right
  251  to receive payment for or any coverage for, the payment of any
  252  vocational rehabilitation and related services.
  253         (24)(29) “Third-party payment” means any and all payments
  254  received or due as a result of any third-party coverage.
  255         (25)(30) “Transition services” means a coordinated set of
  256  activities for a student, designed within an outcome-oriented
  257  process, that promote movement from school to postschool
  258  activities, including postsecondary education; vocational
  259  training; integrated employment; including supported employment;
  260  continuing and adult education; adult services; independent
  261  living; or community participation. The coordinated set of
  262  activities must be based upon the individual student’s needs,
  263  taking into account the student’s preferences and interests, and
  264  must include instruction, community experiences, the development
  265  of employment and other postschool adult living objectives, and,
  266  if when appropriate, acquisition of daily living skills and
  267  functional vocational evaluation.
  268         (31) “Transitional living facility” means a state-approved
  269  facility as defined and licensed pursuant to chapter 400 and
  270  division-approved in accord with this part.
  271         (26)(32) “Vocational rehabilitation” and “vocational
  272  rehabilitation services” mean any service, provided directly or
  273  through public or private entities instrumentalities, to enable
  274  an individual or group of individuals to achieve an employment
  275  outcome, including, but not limited to, medical and vocational
  276  diagnosis, an assessment for determining eligibility and
  277  vocational rehabilitation needs by qualified personnel;
  278  counseling, guidance, and work-related placement services;
  279  vocational and other training services; physical and mental
  280  restoration services; maintenance for additional costs incurred
  281  while participating in rehabilitation; interpreter services for
  282  individuals who are deaf; recruitment and training services to
  283  provide new employment opportunities in the fields of
  284  rehabilitation, health, welfare, public safety, law enforcement,
  285  and other appropriate service employment; occupational licenses;
  286  tools, equipment, and initial stocks and supplies;
  287  transportation; telecommunications, sensory, and other
  288  technological aids and devices; rehabilitation technology
  289  services; referral services designed to secure needed services
  290  from other agencies; transition services; on-the-job or other
  291  related personal assistance services; and supported employment
  292  services.
  293         (33) “Vocational rehabilitation and related services” means
  294  any services that are provided or paid for by the division.
  295         Section 2. Section 413.30, Florida Statutes, is amended to
  296  read:
  297         413.30 Eligibility for vocational rehabilitation services.—
  298         (1) A person is eligible for vocational rehabilitation
  299  services if the person has a disability and requires vocational
  300  rehabilitation services to prepare for, enter, engage in, or
  301  retain gainful employment.
  302         (2) Determinations by other state or federal agencies
  303  regarding whether an individual satisfies one or more factors
  304  relating to the determination that an individual has a
  305  disability may be used. Individuals determined to have a
  306  disability pursuant to Title II or Title XVI of the Social
  307  Security Act shall be considered to have a physical or mental
  308  impairment that constitutes or results in a substantial
  309  impediment to employment and a significant disability severe
  310  physical or mental impairment that seriously limits one or more
  311  functional capacities in terms of an employment outcome.
  312         (3) An individual is shall be presumed to benefit in terms
  313  of an employment outcome from vocational rehabilitation services
  314  under this part unless the division can demonstrate by clear and
  315  convincing evidence that the individual is incapable of
  316  benefiting from vocational rehabilitation services in terms of
  317  an employment outcome. Before making a determination, the
  318  division must consider the individual’s abilities, capabilities,
  319  and capacity to perform in a work situation through the use of
  320  trial work experiences. Trial work experiences include supported
  321  employment, on-the-job training, or other work experiences using
  322  realistic work settings. Under limited circumstances, if an
  323  individual cannot take advantage of trial work experiences or if
  324  options for trial work experiences have been exhausted To
  325  demonstrate that an individual cannot benefit from vocational
  326  rehabilitation services due to the severity of the individual’s
  327  disability, the division shall conduct an extended evaluation,
  328  not to exceed 18 months. The evaluation must determine the
  329  eligibility of the individual and the nature and scope of needed
  330  vocational rehabilitation services. The extended evaluation must
  331  be reviewed once every 90 days to determine whether the
  332  individual is eligible for vocational rehabilitation services.
  333         (4) The division shall determine the eligibility of an
  334  individual for vocational rehabilitation services within a
  335  reasonable period of time, not to exceed 60 days after the
  336  individual has submitted an application to receive vocational
  337  rehabilitation services, unless the division notifies the
  338  individual that exceptional and unforeseen circumstances beyond
  339  the control of the division prevent the division from completing
  340  the determination within the prescribed time and the division
  341  and the individual agree agrees that an extension of time is
  342  warranted or that an extended evaluation is required.
  343         (5) When the division determines As soon as a determination
  344  has been made that an individual is eligible for vocational
  345  rehabilitation services, the division must complete an
  346  assessment for determining eligibility and vocational
  347  rehabilitation needs and ensure that an individualized plan for
  348  employment written rehabilitation program is prepared.
  349         (a) Each The individualized plan for employment written
  350  rehabilitation program must be jointly developed, agreed upon,
  351  and signed by the vocational rehabilitation counselor or
  352  coordinator and the eligible individual or, in an appropriate
  353  case, a parent, family member, guardian, advocate, or authorized
  354  representative, of the such individual.
  355         (b) The division must ensure that each individualized plan
  356  for employment written rehabilitation program is designed to
  357  achieve the specific employment outcome objective of the
  358  individual, consistent with the unique strengths, resources,
  359  priorities, concerns, abilities, and capabilities of the
  360  individual, and otherwise meets the content requirements for an
  361  individualized plan for employment written rehabilitation
  362  programs as set out in federal law or regulation.
  363         (c) Each individualized plan for employment written
  364  rehabilitation program shall be reviewed annually, at which time
  365  the individual, or the individual’s parent, guardian, advocate,
  366  or authorized representative, shall be afforded an opportunity
  367  to review the plan program and jointly redevelop and agree to
  368  its terms. Each plan individualized written rehabilitation
  369  program shall be revised as needed.
  370         (6) The division must ensure that a determination of
  371  ineligibility made with respect to an individual before prior to
  372  the initiation of an individualized plan for employment written
  373  rehabilitation program, based upon the review, and, to the
  374  extent necessary, upon the preliminary assessment, includes
  375  specification of the reasons for such a determination; the
  376  rights and remedies available to the individual, including, if
  377  appropriate, recourse to administrative remedies; and the
  378  availability of services provided by the client assistance
  379  program to the individual. If there is a determination of
  380  ineligibility, the division must refer the individual to other
  381  services that are part of the one-stop delivery system under s.
  382  445.009 and that address the individual’s training or
  383  employment-related needs or to local extended employment
  384  providers if the determination is based on a finding that the
  385  individual is incapable of achieving an employment outcome.
  386         (7) If the division provides an eligible individual person
  387  with vocational rehabilitation services in the form of vehicle
  388  modifications, the division shall consider all options
  389  available, including the purchase of a new, original equipment
  390  manufacturer vehicle that complies with the Americans with
  391  Disabilities Act for transportation vehicles. The division shall
  392  make the decision on vocational rehabilitation services based on
  393  the best interest of the eligible individual client and cost
  394  effectiveness.
  395         (8) If In the event the division is unable to provide
  396  services to all eligible individuals, the division shall
  397  establish an order of selection and serve first those persons
  398  who have the most significant severe disabilities first.
  399         Section 3. Subsection (1) of section 413.341, Florida
  400  Statutes, is amended to read:
  401         413.341 Applicant and eligible individual client records;
  402  confidential and privileged.—
  403         (1) All oral and written records, information, letters, and
  404  reports received, made, or maintained by the division relative
  405  to any client or applicant or eligible individual are
  406  privileged, confidential, and exempt from the provisions of s.
  407  119.07(1). Any person who discloses or releases such records,
  408  information, or communications in violation of this section
  409  commits a misdemeanor of the second degree, punishable as
  410  provided in s. 775.082 or s. 775.083. Such records may not be
  411  released except that:
  412         (a) Records may be released to the client or applicant or
  413  eligible individual or his or her representative upon receipt of
  414  a written waiver from the client or applicant or eligible
  415  individual. Medical, psychological, or other information that
  416  the division believes may be harmful to an a client or applicant
  417  or eligible individual may not be released directly to him or
  418  her, but must be provided through his or her designated
  419  representative.
  420         (b) Records that do not identify clients or applicants may
  421  be released to an entity or individual officially engaged in an
  422  audit, a program evaluation, or for the purpose of research,
  423  when the research is approved by the division director.
  424  Personally identifying information released under this paragraph
  425  remains privileged, confidential, and exempt under this section
  426  and may not be disclosed to third parties.
  427         (c) Records used in administering the program may be
  428  released as required to administer the program or as required by
  429  an agency or political subdivision of the state in the
  430  performance of its duties. Any agency or political subdivision
  431  to which records are released under this paragraph may not
  432  disclose the records to third parties.
  433         (d) Records may be released upon the order of an
  434  administrative law judge, a hearing officer, a judge of
  435  compensation claims, an agency head exercising quasi-judicial
  436  authority, or a judge of a court of competent jurisdiction
  437  following a finding in an in camera proceeding that the records
  438  are relevant to the inquiry before the court and should be
  439  released. The in camera proceeding and all records relating
  440  thereto are confidential and exempt from the provisions of s.
  441  119.07(1).
  442         (e) Whenever an applicant or eligible individual receiving
  443  services has declared any intention to harm other persons or
  444  property, such declaration may be disclosed.
  445         (f) The division may also release personal information
  446  about an applicant or eligible individual receiving services in
  447  order to protect him or her or others when he or she poses a
  448  threat to his or her own safety or to the safety of others and
  449  shall, upon official request, release such information to law
  450  enforcement agencies investigating the commission of a crime.
  451         Section 4. Section 413.371, Florida Statutes, is amended to
  452  read:
  453         413.371 Independent living program; establishment and
  454  administration maintenance.—The division shall establish and
  455  administer maintain an independent living program that will
  456  provide any appropriate rehabilitation services or other
  457  services to enhance the ability of persons who have significant
  458  severe disabilities to live independently and function within
  459  their communities and, if appropriate, to secure and maintain
  460  employment. The division, at its sole discretion and within the
  461  constraints of its funding, may contract with centers for
  462  independent living to provide such services.
  463         Section 5. Subsection (1) of section 413.393, Florida
  464  Statutes, is amended to read:
  465         413.393 State plan for independent living.—
  466         (1) The state plan for independent living shall be jointly
  467  developed and submitted by the Florida Independent Living
  468  Council and the division, and the plan must:
  469         (a) Include the existence of appropriate planning,
  470  financial support and coordination, and other assistance to
  471  appropriately address, on a statewide and comprehensive basis,
  472  needs in the state for the provision of state independent living
  473  services; the development and support of a statewide network of
  474  centers for independent living; and working relationships
  475  between programs providing independent living services and
  476  independent living centers and the vocational rehabilitation
  477  program established to provide services for persons who have
  478  disabilities.
  479         (b) Specify the objectives to be achieved under the plan,
  480  establish time periods for the achievement of the objectives,
  481  and explain how such objectives are consistent with and further
  482  the purpose of this part.
  483         (c) Specify that the state will provide independent living
  484  services under this part to persons who have significant severe
  485  disabilities and will provide the services in accordance with an
  486  independent living plan mutually agreed upon by an appropriate
  487  staff member of the service provider and the individual, unless
  488  the individual signs a waiver stating that such a plan is
  489  unnecessary.
  490         (d) Describe the extent and scope of independent living
  491  services to be provided under this part to meet such objectives.
  492  If the state makes arrangements, by grant or contract, for
  493  providing such services, such arrangements shall be described in
  494  the plan.
  495         (e) Set forth a design for the establishment of a statewide
  496  network of centers for independent living that comply with the
  497  standards and assurances set forth in federal law.
  498         (f) Set forth the steps that will be taken to maximize the
  499  cooperation, coordination, and working relationships among the
  500  independent living rehabilitation service program, the Florida
  501  Independent Living Council, centers for independent living, the
  502  division, other agencies represented on such council, other
  503  councils that address the needs of specific disability
  504  populations and issues, and other public and private entities
  505  determined to be appropriate by the council.
  506         (g) Describe how services funded under this part will be
  507  coordinated with, and complement, other services in order to
  508  avoid unnecessary duplication with other federal and state
  509  funding for centers for independent living and independent
  510  living services.
  511         (h) Set forth steps to be taken regarding outreach to
  512  populations that are not served or that are underserved by
  513  programs under the act, including minority groups and urban and
  514  rural populations.
  515         (i) Provide satisfactory assurances that all entities
  516  receiving financial assistance funds under this part will notify
  517  all individuals seeking or receiving services under this part
  518  about the availability of the client-assistance program, the
  519  purposes of the services provided under such program, and how to
  520  contact such program; take affirmative action to employ and
  521  advance in employment qualified persons who have disabilities on
  522  the same terms and conditions required with respect to the
  523  employment of such persons; adopt such fiscal control and fund
  524  accounting procedures as may be necessary to ensure the proper
  525  disbursement of and accounting for funds paid to the state under
  526  this part and meet all the other requirements of federal law or
  527  regulation.
  528         (j) Establish a method for the periodic evaluation of the
  529  effectiveness of the state plan in meeting the objectives of the
  530  state plan, including evaluation of satisfaction by persons who
  531  have disabilities.
  532         Section 6. Section 413.40, Florida Statutes, is amended to
  533  read:
  534         413.40 Powers of division; independent living program.—The
  535  division, in administering carrying out a program to provide of
  536  providing independent living rehabilitation services to persons
  537  who have significant severe disabilities, shall be authorized,
  538  contingent upon available funding, to:
  539         (1) Employ necessary personnel and.
  540         (2) Employ consultants.
  541         (3) Provide diagnostic, medical, and psychological and
  542  other evaluation services.
  543         (4) Provide training necessary for rehabilitation.
  544         (5) Provide for persons found to require financial
  545  assistance with respect thereto and provide maintenance,
  546  including:
  547         (a) Personal care attendant services while undergoing
  548  rehabilitation.
  549         (b) Transportation incident to necessary rehabilitation
  550  services.
  551         (c) Physical and mental restoration services, prosthetic
  552  appliances, and other equipment determined to be necessary for
  553  rehabilitation.
  554         (6) Provide rehabilitation facilities necessary for the
  555  rehabilitation of persons who have severe disabilities or
  556  contract with facilities such as centers for independent living
  557  for necessary services. The division shall not, however, assume
  558  responsibility for permanent custodial care of any individual
  559  and shall provide rehabilitation services only for a period long
  560  enough to accomplish the rehabilitation objective or to
  561  determine that rehabilitation is not feasible through the
  562  services available under this section.
  563         (2)(7) Contract with any entity, public or private entity,
  564  including centers for independent living, to provide independent
  565  living services in accordance with the state plan for
  566  independent living.
  567         Section 7. Subsections (1), (2), (7), (9), (10), and (11)
  568  of section 413.405, Florida Statutes, are amended to read:
  569         413.405 Florida Rehabilitation Council.—There is created
  570  the Florida Rehabilitation Council to assist the division in the
  571  planning and development of statewide rehabilitation programs
  572  and services, to recommend improvements to such programs and
  573  services, and to perform the functions listed in this section.
  574         (1) The council shall be composed of:
  575         (a) At least one representative of the Florida Independent
  576  Living Council, one of whom must which representative may be the
  577  chairperson or other designee of the Florida Independent Living
  578  Council.
  579         (b) At least one representative of a parent training and
  580  information center established pursuant to s. 671 631(c)(9) of
  581  the Individuals with Disabilities Education Act, 20 U.S.C. s.
  582  1471 1431(c)(9).
  583         (c) At least one representative of the client assistance
  584  program established under s. 112 of the act, one of whom must be
  585  the director of the program or other individual recommended by
  586  the program.
  587         (d) At least one qualified vocational rehabilitation
  588  counselor who has knowledge of and experience in vocational
  589  rehabilitation programs services, who shall serve as an ex
  590  officio, nonvoting member of the council if the counselor is an
  591  employee of the department.
  592         (e) At least one representative of community rehabilitation
  593  program service providers.
  594         (f) At least Four representatives of business, industry,
  595  and labor.
  596         (g) Representatives of disability advocacy groups that
  597  include representing a cross-section of:
  598         1. Individuals Persons who have physical, cognitive,
  599  sensory, or mental disabilities.
  600         2. Parents, family members, guardians, advocates, or
  601  authorized Representatives of individuals with persons who have
  602  disabilities and who have difficulty representing themselves
  603  find it difficult to or are unable due to their disabilities to
  604  represent themselves.
  605         (h) Current or former applicants for, or recipients of,
  606  vocational rehabilitation services.
  607         (i) The director of the division, who shall be an ex
  608  officio member of the council.
  609         (j) At least one representative of the state educational
  610  agency responsible for the public education of students with
  611  disabilities who have a disability and who are eligible to
  612  receive vocational rehabilitation services and services under
  613  the Individuals with Disabilities Education Act.
  614         (k) At least one representative of the board of directors
  615  of Workforce Florida, Inc.
  616         (l) At least one representative who is a director of a
  617  Vocational Rehabilitation Services Project for American Indians
  618  with Disabilities under s. 121 of the act, if this state
  619  participates in one or more such projects.
  620         (2) Employees of the department may serve only as nonvoting
  621  members of the council. Other persons who have disabilities,
  622  representatives of state and local government, employers,
  623  community organizations, and members of the former Occupational
  624  Access and Opportunity Commission may be considered for council
  625  membership.
  626         (7)(a) Each member of the council shall serve for a term of
  627  not more than 3 years, except that:
  628         1.(a) A member appointed to fill a vacancy occurring prior
  629  to the expiration of the term for which a predecessor was
  630  appointed shall be appointed for the remainder of such term.
  631         2.(b) The terms of service of the members initially
  632  appointed shall be, as specified by the Governor, for such fewer
  633  number of years as will provide for the expiration of terms on a
  634  staggered basis.
  635         (b) A No member of the council may not serve more than two
  636  consecutive full terms; however, this provision does not apply
  637  to a member appointed under paragraph (1)(c) or paragraph
  638  (1)(l).
  639         (9) In addition to the other functions specified in this
  640  section, the council shall, after consulting with the board of
  641  directors of Workforce Florida, Inc.:
  642         (a) Review, analyze, and advise the division regarding the
  643  performance of the responsibilities of the division under Title
  644  I of the act, particularly responsibilities relating to:
  645         1. Eligibility, including order of selection.
  646         2. The extent, scope, and effectiveness of services
  647  provided.
  648         3. Functions performed by state agencies that affect or
  649  potentially affect the ability of individuals with who have
  650  disabilities in achieving employment outcomes to achieve
  651  rehabilitation goals and objectives under Title I.
  652         (b) In partnership with the division:
  653         1. Develop, agree to, and review state goals and priorities
  654  in accordance with 34 C.F.R. 361.29(c); and
  655         2. Evaluate the effectiveness of the vocational
  656  rehabilitation program and submit reports of progress to the
  657  Governor, the President of the Senate, the Speaker of the House
  658  of Representatives, and the United States Secretary of Education
  659  in accordance with 34 C.F.R. 361.29(e).
  660         (c) Advise the department and the division and assist in
  661  the preparation of the state plan and amendments to the plan,
  662  applications, reports, needs assessments, and evaluations
  663  required by Title I.
  664         (d) To the extent feasible, conduct a review and analysis
  665  of the effectiveness of, and consumer satisfaction with:
  666         1. The functions performed by state agencies and other
  667  public and private entities responsible for performing functions
  668  for individuals who have disabilities.
  669         2. Vocational rehabilitation services:
  670         a. Provided or paid for from funds made available under the
  671  act or through other public or private sources.
  672         b. Provided by state agencies and other public and private
  673  entities responsible for providing vocational rehabilitation
  674  services to individuals who have disabilities.
  675         3. The employment outcomes achieved by eligible individuals
  676  receiving services under this part, including the availability
  677  of health or other employment benefits in connection with those
  678  employment outcomes.
  679         (e) Prepare and submit an annual report on the status of
  680  vocational rehabilitation programs services in the state to the
  681  Governor, the President of the Senate, the Speaker of the House
  682  of Representatives, and the United States Secretary of Education
  683  and make the report available to the public.
  684         (f) Coordinate with other councils within Florida,
  685  including the Florida Independent Living Council, the advisory
  686  panel established under s. 612(a)(21) 613(a)(12) of the
  687  Individuals with Disabilities Education Act, 20 U.S.C. s.
  688  1412(a)(21) 1413(a)(12), the State Planning Council described in
  689  s. 124 of the Developmental Disabilities Assistance and Bill of
  690  Rights Act, 42 U.S.C. s. 15024 6024, the state mental health
  691  planning council established under s. 1914 1916(e) of the Public
  692  Health Service Act, 42 U.S.C. s. 300x-3 300x-4(e), and the board
  693  of directors of Workforce Florida, Inc.
  694         (g) Advise the department and division and provide for
  695  coordination and the establishment of working relationships
  696  among the department, the division, the Florida Independent
  697  Living Council, and centers for independent living in the state.
  698         (h) Perform such other functions that are consistent with
  699  the duties and responsibilities of as the council determines to
  700  be appropriate that are comparable to functions performed by the
  701  council under this section.
  702         (10)(a) The council shall prepare, in conjunction with the
  703  division, a plan for the provision of such resources, including
  704  at least four staff persons, as may be necessary to carry out
  705  the functions of the council. The resource plan shall, to the
  706  maximum extent possible, rely on the use of resources in
  707  existence during the period of implementation of the plan.
  708         (b) If there is A disagreement between the council and the
  709  division regarding in regard to the amount of resources
  710  necessary to carry out the functions of the council as set forth
  711  in this section, the disagreement shall be resolved by the
  712  Governor.
  713         (c) The council shall, consistent with law, supervise and
  714  evaluate such staff and other personnel as may be necessary to
  715  carry out its functions.
  716         (d) While assisting the council in carrying out its duties,
  717  staff and other personnel may shall not be assigned duties by
  718  the division or any other state agency or office that would
  719  create a conflict of interest.
  720         (11) The council shall convene at least four meetings each
  721  year in locations determined by. These meetings shall occur in
  722  such places as the council to be deems necessary to conduct
  723  council business. The council may conduct such forums or
  724  hearings as the council considers appropriate. The meetings,
  725  hearings, and forums shall be publicly announced. The meetings
  726  shall be open and accessible to the public unless there is a
  727  valid reason for an executive session. The council shall make a
  728  report of each meeting which shall include a record of its
  729  discussions and recommendations, all of which reports shall be
  730  made available to the public.
  731         Section 8. Paragraph (a) of subsection (1) of section
  732  413.407, Florida Statutes, is amended to read:
  733         413.407 Assistive Technology Advisory Council.—There is
  734  created the Assistive Technology Advisory Council, responsible
  735  for ensuring consumer involvement in the creation, application,
  736  and distribution of technology-related assistance to and for
  737  persons who have disabilities. The council shall fulfill its
  738  responsibilities through statewide policy development, both
  739  state and federal legislative initiatives, advocacy at both the
  740  state and federal level, planning of statewide resource
  741  allocations, policy-level management, reviews of both consumer
  742  responsiveness and the adequacy of program service delivery, and
  743  by performing the functions listed in this section.
  744         (1)(a) The council shall be composed of:
  745         1. Individuals who have disabilities and who are assistive
  746  technology consumers or family members or guardians of those
  747  individuals.
  748         2. Representatives of consumer organizations concerned with
  749  assistive technology.
  750         3. Representatives of business and industry, including the
  751  insurance industry, concerned with assistive technology.
  752         4. A representative of the Division of Vocational
  753  Rehabilitation.
  754         5. A representative of the Division of Blind Services.
  755         6. A representative of the Florida Independent Living
  756  Council.
  757         7. A representative of Workforce Florida, Inc.
  758         8. A representative of the Department of Education.
  759         9. Representatives of other state agencies that provide or
  760  coordinate services for persons with disabilities.
  762  Total membership on the council shall not exceed 27 at any one
  763  time. A majority of the members shall be appointed in accordance
  764  with subparagraph 1.
  765         Section 9. Sections 413.206, 413.39, 413.70, 413.72, and
  766  413.73, Florida Statutes, are repealed.
  767         Section 10. Section 1013.05, Florida Statutes, is repealed.
  768         Section 11. Paragraph (a) of subsection (1) and paragraph
  769  (a) of subsection (3) of section 163.31777, Florida Statutes,
  770  are amended to read:
  771         163.31777 Public schools interlocal agreement.—
  772         (1)(a) The county and municipalities located within the
  773  geographic area of a school district shall enter into an
  774  interlocal agreement with the district school board which
  775  jointly establishes the specific ways in which the plans and
  776  processes of the district school board and the local governments
  777  are to be coordinated. The interlocal agreements shall be
  778  submitted to the state land planning agency and the Office of
  779  Educational Facilities and the SMART Schools Clearinghouse in
  780  accordance with a schedule published by the state land planning
  781  agency.
  782         (3)(a) The Office of Educational Facilities and SMART
  783  Schools Clearinghouse shall submit any comments or concerns
  784  regarding the executed interlocal agreement to the state land
  785  planning agency within 30 days after receipt of the executed
  786  interlocal agreement. The state land planning agency shall
  787  review the executed interlocal agreement to determine whether it
  788  is consistent with the requirements of subsection (2), the
  789  adopted local government comprehensive plan, and other
  790  requirements of law. Within 60 days after receipt of an executed
  791  interlocal agreement, the state land planning agency shall
  792  publish a notice of intent in the Florida Administrative Weekly
  793  and shall post a copy of the notice on the agency’s Internet
  794  site. The notice of intent must state whether the interlocal
  795  agreement is consistent or inconsistent with the requirements of
  796  subsection (2) and this subsection, as appropriate.
  797         Section 12. Paragraph (c) of subsection (4) of section
  798  1001.20, Florida Statutes, is amended to read:
  799         1001.20 Department under direction of state board.—
  800         (4) The Department of Education shall establish the
  801  following offices within the Office of the Commissioner of
  802  Education which shall coordinate their activities with all other
  803  divisions and offices:
  804         (c) Office of Educational Facilities and SMART Schools
  805  Clearinghouse.—Responsible for validating all educational plant
  806  surveys and verifying Florida Inventory of School Houses (FISH)
  807  data. The office shall provide technical assistance to public
  808  school districts when requested.
  809         Section 13. Subsection (1) of section 1013.04, Florida
  810  Statutes, is amended to read:
  811         1013.04 School district educational facilities plan
  812  performance and productivity standards; development;
  813  measurement; application.—
  814         (1) The Office of Educational Facilities and SMART Schools
  815  Clearinghouse shall develop and adopt measures for evaluating
  816  the performance and productivity of school district educational
  817  facilities plans. The measures may be both quantitative and
  818  qualitative and must, to the maximum extent practical, assess
  819  those factors that are within the districts’ control. The
  820  measures must, at a minimum, assess performance in the following
  821  areas:
  822         (a) Frugal production of high-quality projects.
  823         (b) Efficient finance and administration.
  824         (c) Optimal school and classroom size and utilization rate.
  825         (d) Safety.
  826         (e) Core facility space needs and cost-effective capacity
  827  improvements that consider demographic projections.
  828         (f) Level of district local effort.
  829         Section 14. Paragraph (a) of subsection (1) of section
  830  1013.21, Florida Statutes, is amended to read:
  831         1013.21 Reduction of relocatable facilities in use.—
  832         (1)(a) It is a goal of the Legislature that all school
  833  districts shall provide a quality educational environment for
  834  their students such that, by July 1, 2003, student stations in
  835  relocatable facilities exceeding 20 years of age and in use by a
  836  district during the 1998-1999 fiscal year shall be removed and
  837  the number of all other relocatable student stations at over
  838  capacity schools during that fiscal year shall be decreased by
  839  half. The Legislature finds, however, that necessary maintenance
  840  of existing facilities and public school enrollment growth
  841  impair the ability of some districts to achieve the goal of this
  842  section within 5 years. Therefore, the Legislature is increasing
  843  its commitment to school funding in this act, in part to help
  844  districts reduce the number of temporary, relocatable student
  845  stations at over-capacity schools. The Legislature intends that
  846  local school districts also increase their investment toward
  847  meeting this goal. Each district’s progress toward meeting this
  848  goal shall be measured annually by comparing district facilities
  849  work programs for replacing relocatables with the state capital
  850  outlay projections for education prepared by the Office of
  851  Educational Facilities and SMART Schools Clearinghouse. District
  852  facilities work programs shall be monitored by the Office of
  853  Educational Facilities SMART Schools Clearinghouse to measure
  854  the commitment of local school districts toward this goal.
  855         Section 15. Paragraph (a) of subsection (2), paragraph (a)
  856  of subsection (4), and subsection (9) of section 1013.33,
  857  Florida Statutes, are amended to read:
  858         1013.33 Coordination of planning with local governing
  859  bodies.—
  860         (2)(a) The school board, county, and nonexempt
  861  municipalities located within the geographic area of a school
  862  district shall enter into an interlocal agreement that jointly
  863  establishes the specific ways in which the plans and processes
  864  of the district school board and the local governments are to be
  865  coordinated. The interlocal agreements shall be submitted to the
  866  state land planning agency and the Office of Educational
  867  Facilities and the SMART Schools Clearinghouse in accordance
  868  with a schedule published by the state land planning agency.
  869         (4)(a) The Office of Educational Facilities and SMART
  870  Schools Clearinghouse shall submit any comments or concerns
  871  regarding the executed interlocal agreement to the state land
  872  planning agency within 30 days after receipt of the executed
  873  interlocal agreement. The state land planning agency shall
  874  review the executed interlocal agreement to determine whether it
  875  is consistent with the requirements of subsection (3), the
  876  adopted local government comprehensive plan, and other
  877  requirements of law. Within 60 days after receipt of an executed
  878  interlocal agreement, the state land planning agency shall
  879  publish a notice of intent in the Florida Administrative Weekly
  880  and shall post a copy of the notice on the agency’s Internet
  881  site. The notice of intent must state that the interlocal
  882  agreement is consistent or inconsistent with the requirements of
  883  subsection (3) and this subsection as appropriate.
  884         (9) A board and the local governing body must share and
  885  coordinate information related to existing and planned school
  886  facilities; proposals for development, redevelopment, or
  887  additional development; and infrastructure required to support
  888  the school facilities, concurrent with proposed development. A
  889  school board shall use information produced by the demographic,
  890  revenue, and education estimating conferences pursuant to s.
  891  216.136 when preparing the district educational facilities plan
  892  pursuant to s. 1013.35, as modified and agreed to by the local
  893  governments, when provided by interlocal agreement, and the
  894  Office of Educational Facilities and SMART Schools
  895  Clearinghouse, in consideration of local governments’ population
  896  projections, to ensure that the district educational facilities
  897  plan not only reflects enrollment projections but also considers
  898  applicable municipal and county growth and development
  899  projections. The projections must be apportioned geographically
  900  with assistance from the local governments using local
  901  government trend data and the school district student enrollment
  902  data. A school board is precluded from siting a new school in a
  903  jurisdiction where the school board has failed to provide the
  904  annual educational facilities plan for the prior year required
  905  pursuant to s. 1013.35 unless the failure is corrected.
  906         Section 16. Paragraph (c) of subsection (1) and paragraph
  907  (a) of subsection (2) of section 1013.35, Florida Statutes, are
  908  amended to read:
  909         1013.35 School district educational facilities plan;
  910  definitions; preparation, adoption, and amendment; long-term
  911  work programs.—
  912         (1) DEFINITIONS.—As used in this section, the term:
  913         (c) “Tentative educational facilities plan” means the
  914  comprehensive planning document prepared annually by the
  915  district school board and submitted to the Office of Educational
  916  Facilities and SMART Schools Clearinghouse and the affected
  917  general-purpose local governments.
  920         (a) Annually, prior to the adoption of the district school
  921  budget, each district school board shall prepare a tentative
  922  district educational facilities plan that includes long-range
  923  planning for facilities needs over 5-year, 10-year, and 20-year
  924  periods. The plan must be developed in coordination with the
  925  general-purpose local governments and be consistent with the
  926  local government comprehensive plans. The school board’s plan
  927  for provision of new schools must meet the needs of all growing
  928  communities in the district, ranging from small rural
  929  communities to large urban cities. The plan must include:
  930         1. Projected student populations apportioned geographically
  931  at the local level. The projections must be based on information
  932  produced by the demographic, revenue, and education estimating
  933  conferences pursuant to s. 216.136, where available, as modified
  934  by the district based on development data and agreement with the
  935  local governments and the Office of Educational Facilities and
  936  SMART Schools Clearinghouse. The projections must be apportioned
  937  geographically with assistance from the local governments using
  938  local development trend data and the school district student
  939  enrollment data.
  940         2. An inventory of existing school facilities. Any
  941  anticipated expansions or closures of existing school sites over
  942  the 5-year, 10-year, and 20-year periods must be identified. The
  943  inventory must include an assessment of areas proximate to
  944  existing schools and identification of the need for improvements
  945  to infrastructure, safety, including safe access routes, and
  946  conditions in the community. The plan must also provide a
  947  listing of major repairs and renovation projects anticipated
  948  over the period of the plan.
  949         3. Projections of facilities space needs, which may not
  950  exceed the norm space and occupant design criteria established
  951  in the State Requirements for Educational Facilities.
  952         4. Information on leased, loaned, and donated space and
  953  relocatables used for conducting the district’s instructional
  954  programs.
  955         5. The general location of public schools proposed to be
  956  constructed over the 5-year, 10-year, and 20-year time periods,
  957  including a listing of the proposed schools’ site acreage needs
  958  and anticipated capacity and maps showing the general locations.
  959  The school board’s identification of general locations of future
  960  school sites must be based on the school siting requirements of
  961  s. 163.3177(6)(a) and policies in the comprehensive plan which
  962  provide guidance for appropriate locations for school sites.
  963         6. The identification of options deemed reasonable and
  964  approved by the school board which reduce the need for
  965  additional permanent student stations. Such options may include,
  966  but need not be limited to:
  967         a. Acceptable capacity;
  968         b. Redistricting;
  969         c. Busing;
  970         d. Year-round schools;
  971         e. Charter schools;
  972         f. Magnet schools; and
  973         g. Public-private partnerships.
  974         7. The criteria and method, jointly determined by the local
  975  government and the school board, for determining the impact of
  976  proposed development to public school capacity.
  977         Section 17. Subsections (3) and (4) of section 1013.41,
  978  Florida Statutes, are amended to read:
  979         1013.41 SMART schools; Classrooms First; legislative
  980  purpose.—
  982  purpose of the Legislature to create s. 1013.35, requiring each
  983  school district annually to adopt an educational facilities plan
  984  that provides an integrated long-range facilities plan,
  985  including the survey of projected needs and the 5-year work
  986  program. The purpose of the educational facilities plan is to
  987  keep the district school board, local governments, and the
  988  public fully informed as to whether the district is using sound
  989  policies and practices that meet the essential needs of students
  990  and that warrant public confidence in district operations. The
  991  educational facilities plan will be monitored by the Office of
  992  Educational Facilities and SMART Schools Clearinghouse, which
  993  will also apply performance standards pursuant to s. 1013.04.
  995  CLEARINGHOUSE.—It is the purpose of the Legislature to require
  996  create s. 1013.05, establishing the Office of Educational
  997  Facilities and SMART Schools Clearinghouse to assist the school
  998  districts in building SMART schools utilizing functional and
  999  frugal practices. The Office of Educational Facilities and SMART
 1000  Schools Clearinghouse must review district facilities work
 1001  programs and projects and identify districts qualified for
 1002  incentive funding available through School Infrastructure Thrift
 1003  Program awards; identify opportunities to maximize design and
 1004  construction savings; develop school district facilities work
 1005  program performance standards; and provide for review and
 1006  recommendations to the Governor, the Legislature, and the State
 1007  Board of Education.
 1008         Section 18. Paragraphs (a) and (b) of subsection (6) of
 1009  section 1013.42, Florida Statutes, are amended to read:
 1010         1013.42 School Infrastructure Thrift (SIT) Program Act.—
 1011         (6)(a) Each school district may submit to the Office of
 1012  Educational Facilities and SMART Schools Clearinghouse, with
 1013  supporting data, its request, based on eligibility pursuant to
 1014  s. 1013.72 for an award of SIT Program dollars.
 1015         (b) The Office of Educational Facilities and SMART Schools
 1016  Clearinghouse shall examine the supporting data from each school
 1017  district and shall report to the commissioner each district’s
 1018  eligibility pursuant to s. 1013.72. Based on the office’s report
 1019  and pursuant to ss. 1013.04 and 1013.05, The office shall make
 1020  recommendations, ranked in order of priority, for SIT Program
 1021  awards to eligible districts. Priority shall be based on a
 1022  review of the evaluations conducted under s. 1013.04, district
 1023  facilities work programs, and proposed construction projects.
 1024         Section 19. Section 1013.72, Florida Statutes, is amended
 1025  to read:
 1026         1013.72 SIT Program award eligibility; maximum cost per
 1027  student station of educational facilities; frugality incentives;
 1028  recognition awards.—
 1029         (1) It is the intent of the Legislature that district
 1030  school boards that seek awards of SIT Program funds use due
 1031  diligence and sound business practices in the design,
 1032  construction, and use of educational facilities.
 1033         (2) A school district may seek an award from the SIT
 1034  Program, pursuant to this section and s. 1013.42, based on the
 1035  district’s new construction of educational facilities if the
 1036  cost per student station is less than:
 1037         (a) $17,952 $11,600 for an elementary school,
 1038         (b) $19,386 $13,300 for a middle school, or
 1039         (c) $25,181 $17,600 for a high school,
 1041  (January 2006) (1997) as adjusted annually by the Consumer Price
 1042  Index. The award shall be up to 50 percent of such savings, as
 1043  recommended by the Office of Educational Facilities and SMART
 1044  Schools Clearinghouse.
 1045         (3) A school district may seek a SMART school of the year
 1046  recognition award for building the highest quality functional,
 1047  frugal school. The commissioner may present a trophy or plaque
 1048  and a cash award to the school recommended by the Office of
 1049  Educational Facilities and SMART Schools Clearinghouse for a
 1050  SMART school of the year recognition award.
 1051         Section 20. Subsection (1) of section 1013.73, Florida
 1052  Statutes, is amended to read:
 1053         1013.73 Effort index grants for school district
 1054  facilities.—
 1055         (1) The Legislature hereby allocates for effort index
 1056  grants the sum of $300 million from the funds appropriated from
 1057  the Educational Enhancement Trust Fund by s. 46, chapter 97-384,
 1058  Laws of Florida, contingent upon the sale of school capital
 1059  outlay bonds. From these funds, the Commissioner of Education
 1060  shall allocate to the four school districts deemed eligible for
 1061  an effort index grant by the SMART Schools Clearinghouse the
 1062  sums of $7,442,890 to the Clay County School District,
 1063  $62,755,920 to the Miami-Dade County Public Schools, $1,628,590
 1064  to the Hendry County School District, and $414,950 to the
 1065  Madison County School District. The remaining funds shall be
 1066  allocated among the remaining district school boards that
 1067  qualify for an effort index grant by meeting the local capital
 1068  outlay effort criteria in paragraph (a) or paragraph (b).
 1069         (a) Between July 1, 1995, and June 30, 1999, the school
 1070  district received direct proceeds from the one-half-cent sales
 1071  surtax for public school capital outlay authorized by s.
 1072  212.055(6) or from the local government infrastructure sales
 1073  surtax authorized by s. 212.055(2).
 1074         (b) The school district met two of the following criteria:
 1075         1. Levied the full 2 mills of nonvoted discretionary
 1076  capital outlay authorized by s. 1011.71(2) during 1995-1996,
 1077  1996-1997, 1997-1998, and 1998-1999.
 1078         2. Levied a cumulative voted millage for capital outlay and
 1079  debt service equal to 2.5 mills for fiscal years 1995 through
 1080  1999.
 1081         3. Received proceeds of school impact fees greater than
 1082  $500 per dwelling unit which were in effect on July 1, 1998.
 1083         4. Received direct proceeds from either the one-half-cent
 1084  sales surtax for public school capital outlay authorized by s.
 1085  212.055(6) or from the local government infrastructure sales
 1086  surtax authorized by s. 212.055(2).
 1087         Section 21. The Legislature recognizes that there is a need
 1088  to conform the Florida K-20 Education Code to changes in
 1089  terminology relating to community colleges which were enacted by
 1090  chapter 2008-52, Laws of Florida, establishing the Florida
 1091  College System, and chapter 2009-228, Laws of Florida, renaming
 1092  the “Division of Community Colleges” as the “Division of Florida
 1093  Colleges” and defining the term “Florida college.” Therefore, in
 1094  the interim between this act becoming a law and the 2011 Regular
 1095  Session of the Legislature, the Division of Statutory Revision
 1096  of the Office of Legislative Services shall prepare a reviser’s
 1097  bill to substitute the term “Florida College System institution”
 1098  for the terms “Florida college,” “community college,” and
 1099  “junior college” where those terms appear in the Florida K-20
 1100  Education Code.
 1101         Section 22. Section 1004.87, Florida Statutes, is repealed.
 1102         Section 23. Section 1002.335, Florida Statutes, is
 1103  repealed.
 1104         Section 24. Paragraphs (a) and (d) through (i) of
 1105  subsection (6) of section 1002.33, Florida Statutes, are amended
 1106  to read:
 1107         1002.33 Charter schools.—
 1108         (6) APPLICATION PROCESS AND REVIEW.—Charter school
 1109  applications are subject to the following requirements:
 1110         (a) A person or entity wishing to open a charter school
 1111  shall prepare and submit an application on a model application
 1112  form prepared by the Department of Education which:
 1113         1. Demonstrates how the school will use the guiding
 1114  principles and meet the statutorily defined purpose of a charter
 1115  school.
 1116         2. Provides a detailed curriculum plan that illustrates how
 1117  students will be provided services to attain the Sunshine State
 1118  Standards.
 1119         3. Contains goals and objectives for improving student
 1120  learning and measuring that improvement. These goals and
 1121  objectives must indicate how much academic improvement students
 1122  are expected to show each year, how success will be evaluated,
 1123  and the specific results to be attained through instruction.
 1124         4. Describes the reading curriculum and differentiated
 1125  strategies that will be used for students reading at grade level
 1126  or higher and a separate curriculum and strategies for students
 1127  who are reading below grade level. A sponsor shall deny a
 1128  charter if the school does not propose a reading curriculum that
 1129  is consistent with effective teaching strategies that are
 1130  grounded in scientifically based reading research.
 1131         5. Contains an annual financial plan for each year
 1132  requested by the charter for operation of the school for up to 5
 1133  years. This plan must contain anticipated fund balances based on
 1134  revenue projections, a spending plan based on projected revenues
 1135  and expenses, and a description of controls that will safeguard
 1136  finances and projected enrollment trends.
 1137         6. Documents that the applicant has participated in the
 1138  training required in subparagraph (f)(g)2. A sponsor may require
 1139  an applicant to provide additional information as an addendum to
 1140  the charter school application described in this paragraph.
 1141         (d) For charter school applications in school districts
 1142  that have not been granted exclusive authority to sponsor
 1143  charter schools pursuant to s. 1002.335(5), the right to appeal
 1144  an application denial under paragraph (c) shall be contingent on
 1145  the applicant having submitted the same or a substantially
 1146  similar application to the Florida Schools of Excellence
 1147  Commission or one of its cosponsors. Any such applicant whose
 1148  application is denied by the commission or one of its cosponsors
 1149  subsequent to its denial by the district school board may
 1150  exercise its right to appeal the district school board’s denial
 1151  under paragraph (c) within 30 days after receipt of the
 1152  commission’s or cosponsor’s denial or failure to act on the
 1153  application. However, the applicant forfeits its right to appeal
 1154  under paragraph (c) if it fails to submit its application to the
 1155  commission or one of its cosponsors by August 1 of the school
 1156  year immediately following the district school board’s denial of
 1157  the application.
 1158         (d)(e) The sponsor shall act upon the decision of the State
 1159  Board of Education within 30 calendar days after it is received.
 1160  The State Board of Education’s decision is a final action
 1161  subject to judicial review in the district court of appeal.
 1162         (e)(f)1. A Charter School Appeal Commission is established
 1163  to assist the commissioner and the State Board of Education with
 1164  a fair and impartial review of appeals by applicants whose
 1165  charter applications have been denied, whose charter contracts
 1166  have not been renewed, or whose charter contracts have been
 1167  terminated by their sponsors.
 1168         2. The Charter School Appeal Commission may receive copies
 1169  of the appeal documents forwarded to the State Board of
 1170  Education, review the documents, gather other applicable
 1171  information regarding the appeal, and make a written
 1172  recommendation to the commissioner. The recommendation must
 1173  state whether the appeal should be upheld or denied and include
 1174  the reasons for the recommendation being offered. The
 1175  commissioner shall forward the recommendation to the State Board
 1176  of Education no later than 7 calendar days prior to the date on
 1177  which the appeal is to be heard. The state board must consider
 1178  the commission’s recommendation in making its decision, but is
 1179  not bound by the recommendation. The decision of the Charter
 1180  School Appeal Commission is not subject to the provisions of the
 1181  Administrative Procedure Act, chapter 120.
 1182         3. The commissioner shall appoint the members of the
 1183  Charter School Appeal Commission. Members shall serve without
 1184  compensation but may be reimbursed for travel and per diem
 1185  expenses in conjunction with their service. One-half of the
 1186  members must represent currently operating charter schools, and
 1187  one-half of the members must represent sponsors. The
 1188  commissioner or a named designee shall chair the Charter School
 1189  Appeal Commission.
 1190         4. The chair shall convene meetings of the commission and
 1191  shall ensure that the written recommendations are completed and
 1192  forwarded in a timely manner. In cases where the commission
 1193  cannot reach a decision, the chair shall make the written
 1194  recommendation with justification, noting that the decision was
 1195  rendered by the chair.
 1196         5. Commission members shall thoroughly review the materials
 1197  presented to them from the appellant and the sponsor. The
 1198  commission may request information to clarify the documentation
 1199  presented to it. In the course of its review, the commission may
 1200  facilitate the postponement of an appeal in those cases where
 1201  additional time and communication may negate the need for a
 1202  formal appeal and both parties agree, in writing, to postpone
 1203  the appeal to the State Board of Education. A new date certain
 1204  for the appeal shall then be set based upon the rules and
 1205  procedures of the State Board of Education. Commission members
 1206  shall provide a written recommendation to the state board as to
 1207  whether the appeal should be upheld or denied. A fact-based
 1208  justification for the recommendation must be included. The chair
 1209  must ensure that the written recommendation is submitted to the
 1210  State Board of Education members no later than 7 calendar days
 1211  prior to the date on which the appeal is to be heard. Both
 1212  parties in the case shall also be provided a copy of the
 1213  recommendation.
 1214         (f)(g)1. The Department of Education shall offer or arrange
 1215  for training and technical assistance to charter school
 1216  applicants in developing business plans and estimating costs and
 1217  income. This assistance shall address estimating startup costs,
 1218  projecting enrollment, and identifying the types and amounts of
 1219  state and federal financial assistance the charter school may be
 1220  eligible to receive. The department may provide other technical
 1221  assistance to an applicant upon written request.
 1222         2. A charter school applicant must participate in the
 1223  training provided by the Department of Education before filing
 1224  an application. However, a sponsor may require the charter
 1225  school applicant to attend training provided by the sponsor in
 1226  lieu of the department’s training if the sponsor’s training
 1227  standards meet or exceed the standards developed by the
 1228  Department of Education. The training shall include instruction
 1229  in accurate financial planning and good business practices. If
 1230  the applicant is a management company or other nonprofit
 1231  organization, the charter school principal and the chief
 1232  financial officer or his or her equivalent must also participate
 1233  in the training.
 1234         (g)(h) In considering charter applications for a lab
 1235  school, a state university shall consult with the district
 1236  school board of the county in which the lab school is located.
 1237  The decision of a state university may be appealed pursuant to
 1238  the procedure established in this subsection.
 1239         (h)(i) The terms and conditions for the operation of a
 1240  charter school shall be set forth by the sponsor and the
 1241  applicant in a written contractual agreement, called a charter.
 1242  The sponsor shall not impose unreasonable rules or regulations
 1243  that violate the intent of giving charter schools greater
 1244  flexibility to meet educational goals. The sponsor shall have 60
 1245  days to provide an initial proposed charter contract to the
 1246  charter school. The applicant and the sponsor shall have 75 days
 1247  thereafter to negotiate and notice the charter contract for
 1248  final approval by the sponsor unless both parties agree to an
 1249  extension. The proposed charter contract shall be provided to
 1250  the charter school at least 7 calendar days prior to the date of
 1251  the meeting at which the charter is scheduled to be voted upon
 1252  by the sponsor. The Department of Education shall provide
 1253  mediation services for any dispute regarding this section
 1254  subsequent to the approval of a charter application and for any
 1255  dispute relating to the approved charter, except disputes
 1256  regarding charter school application denials. If the
 1257  Commissioner of Education determines that the dispute cannot be
 1258  settled through mediation, the dispute may be appealed to an
 1259  administrative law judge appointed by the Division of
 1260  Administrative Hearings. The administrative law judge may rule
 1261  on issues of equitable treatment of the charter school as a
 1262  public school, whether proposed provisions of the charter
 1263  violate the intended flexibility granted charter schools by
 1264  statute, or on any other matter regarding this section except a
 1265  charter school application denial, a charter termination, or a
 1266  charter nonrenewal and shall award the prevailing party
 1267  reasonable attorney’s fees and costs incurred to be paid by the
 1268  losing party. The costs of the administrative hearing shall be
 1269  paid by the party whom the administrative law judge rules
 1270  against.
 1271         Section 25. Subsection (5) of section 1003.413, Florida
 1272  Statutes, is repealed.
 1273         Section 26. Section 1003.62, Florida Statutes, is repealed.
 1274         Section 27. Subsection (2) of section 1011.69, Florida
 1275  Statutes, is amended to read:
 1276         1011.69 Equity in School-Level Funding Act.—
 1277         (2) Beginning in the 2003-2004 fiscal year, district school
 1278  boards shall allocate to schools within the district an average
 1279  of 90 percent of the funds generated by all schools and
 1280  guarantee that each school receives at least 80 percent of the
 1281  funds generated by that school based upon the Florida Education
 1282  Finance Program as provided in s. 1011.62 and the General
 1283  Appropriations Act, including gross state and local funds,
 1284  discretionary lottery funds, and funds from the school
 1285  district’s current operating discretionary millage levy. Total
 1286  funding for each school shall be recalculated during the year to
 1287  reflect the revised calculations under the Florida Education
 1288  Finance Program by the state and the actual weighted full-time
 1289  equivalent students reported by the school during the full-time
 1290  equivalent student survey periods designated by the Commissioner
 1291  of Education. If the district school board is providing programs
 1292  or services to students funded by federal funds, any eligible
 1293  students enrolled in the schools in the district shall be
 1294  provided federal funds. Only academic performance-based charter
 1295  school districts, pursuant to s. 1003.62, are exempt from the
 1296  provisions of this section.
 1297         Section 28. Paragraph (b) of subsection (6) of section
 1298  1013.64, Florida Statutes, is amended to read:
 1299         1013.64 Funds for comprehensive educational plant needs;
 1300  construction cost maximums for school district capital
 1301  projects.—Allocations from the Public Education Capital Outlay
 1302  and Debt Service Trust Fund to the various boards for capital
 1303  outlay projects shall be determined as follows:
 1304         (6)
 1305         (b)1. A district school board, including a district school
 1306  board of an academic performance-based charter school district,
 1307  must not use funds from the following sources: Public Education
 1308  Capital Outlay and Debt Service Trust Fund; School District and
 1309  Community College District Capital Outlay and Debt Service Trust
 1310  Fund; Classrooms First Program funds provided in s. 1013.68;
 1311  effort index grant funds provided in s. 1013.73; nonvoted 1.5
 1312  mill levy of ad valorem property taxes provided in s.
 1313  1011.71(2); Classrooms for Kids Program funds provided in s.
 1314  1013.735; District Effort Recognition Program funds provided in
 1315  s. 1013.736; or High Growth District Capital Outlay Assistance
 1316  Grant Program funds provided in s. 1013.738 for any new
 1317  construction of educational plant space with a total cost per
 1318  student station, including change orders, that equals more than:
 1319         a. $17,952 for an elementary school,
 1320         b. $19,386 for a middle school, or
 1321         c. $25,181 for a high school,
 1323  (January 2006) as adjusted annually to reflect increases or
 1324  decreases in the Consumer Price Index.
 1325         2. A district school board must not use funds from the
 1326  Public Education Capital Outlay and Debt Service Trust Fund or
 1327  the School District and Community College District Capital
 1328  Outlay and Debt Service Trust Fund for any new construction of
 1329  an ancillary plant that exceeds 70 percent of the average cost
 1330  per square foot of new construction for all schools.
 1331         Section 29. Section 1003.63 and subsection (7) of section
 1332  1008.345, Florida Statutes, are repealed.
 1333         Section 30. Subsection (2) of section 1004.68, Florida
 1334  Statutes, is amended to read:
 1335         1004.68 Community college; degrees and certificates; tests
 1336  for certain skills.—
 1337         (2) Each community college board of trustees shall require
 1338  the use of scores on tests for college-level communication and
 1339  computation skills provided in s. 1008.345(7)(8) as a condition
 1340  for graduation with an associate in arts degree.
 1341         Section 31. Section 1006.67, Florida Statutes, is repealed.
 1342         Section 32. Section 1013.11, Florida Statutes, is amended
 1343  to read:
 1344         1013.11 Postsecondary institutions assessment of physical
 1345  plant safety.—The president of each postsecondary institution
 1346  shall conduct or cause to be conducted an annual assessment of
 1347  physical plant safety. An annual report shall incorporate the
 1348  findings obtained through such assessment and recommendations
 1349  for the improvement of safety on each campus. The annual report
 1350  shall be submitted to the respective governing or licensing
 1351  board of jurisdiction no later than January 1 of each year. Each
 1352  board shall compile the individual institutional reports and
 1353  convey the aggregate institutional reports to the Commissioner
 1354  of Education or the Chancellor of the State University System,
 1355  as appropriate. The Commissioner of Education and the Chancellor
 1356  of the State University System shall convey these reports and
 1357  the reports required in s. 1006.67 to the President of the
 1358  Senate and the Speaker of the House of Representatives no later
 1359  than March 1 of each year.
 1360         Section 33. Sections 1009.63, 1009.631, 1009.632, 1009.633,
 1361  1009.634, and 1009.64, Florida Statutes, are repealed.
 1362         Section 34. Paragraph (a) of subsection (1) of section
 1363  1009.40, Florida Statutes, is amended to read:
 1364         1009.40 General requirements for student eligibility for
 1365  state financial aid awards and tuition assistance grants.—
 1366         (1)(a) The general requirements for eligibility of students
 1367  for state financial aid awards and tuition assistance grants
 1368  consist of the following:
 1369         1. Achievement of the academic requirements of and
 1370  acceptance at a state university or community college; a nursing
 1371  diploma school approved by the Florida Board of Nursing; a
 1372  Florida college, university, or community college which is
 1373  accredited by an accrediting agency recognized by the State
 1374  Board of Education; any Florida institution the credits of which
 1375  are acceptable for transfer to state universities; any career
 1376  center; or any private career institution accredited by an
 1377  accrediting agency recognized by the State Board of Education.
 1378         2. Residency in this state for no less than 1 year
 1379  preceding the award of aid or a tuition assistance grant for a
 1380  program established pursuant to s. 1009.50, s. 1009.505, s.
 1381  1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
 1382  1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s.
 1383  1009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s. 1009.891.
 1384  Residency in this state must be for purposes other than to
 1385  obtain an education. Resident status for purposes of receiving
 1386  state financial aid awards shall be determined in the same
 1387  manner as resident status for tuition purposes pursuant to s.
 1388  1009.21.
 1389         3. Submission of certification attesting to the accuracy,
 1390  completeness, and correctness of information provided to
 1391  demonstrate a student’s eligibility to receive state financial
 1392  aid awards or tuition assistance grants. Falsification of such
 1393  information shall result in the denial of any pending
 1394  application and revocation of any award or grant currently held
 1395  to the extent that no further payments shall be made.
 1396  Additionally, students who knowingly make false statements in
 1397  order to receive state financial aid awards or tuition
 1398  assistance grants commit a misdemeanor of the second degree
 1399  subject to the provisions of s. 837.06 and shall be required to
 1400  return all state financial aid awards or tuition assistance
 1401  grants wrongfully obtained.
 1402         Section 35. Paragraph (c) of subsection (2) of section
 1403  1009.94, Florida Statutes, is amended to read:
 1404         1009.94 Student financial assistance database.—
 1405         (2) For purposes of this section, financial assistance
 1406  includes:
 1407         (c) Any financial assistance provided under s. 1009.50, s.
 1408  1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
 1409  1009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
 1410  1009.63, s. 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s.
 1411  1009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891.
 1412         Section 36. This act shall take effect July 1, 2010.

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