The proposed rules are designed to impart currency, accuracy and simplicity to the Division’s rules as well as ensure that the rules conform to federal regulations. The proposed rules are also intended to clearly specify the scope of services to be ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NOS.:RULE TITLES:

6A-18.040Definitions

6A-18.0401Federal Regulations Adopted by Reference

6A-18.041Establishment of Vending Facilities

6A-18.042Issuance of License

6A-18.0421Conditions for Removal from a Facility; Suspension or Revocation of License

6A-18.0423Grievance Procedure

6A-18.0424Announcement of Facility Vacancies

6A-18.0425Application and Selection

6A-18.044Operator License Agreement

6A-18.045Newspaper Vending Sales

6A-18.046Incorporation by Reference

6A-18.047Forms and Instructions

6A-18.048Solicitation of Funds for Blind Persons

6A-18.049General Description of Services and Procedures

6A-18.050Transportation (Transferred to 38K-1.050)

6A-18.051Exit Review Panel (Transferred to 38K-1.051)

6A-18.052The Individualized Plan for Vocational Rehabilitation

6A-18.053Determination That a Client Has Been Rehabilitated

PURPOSE AND EFFECT: The proposed rules are designed to impart currency, accuracy and simplicity to the Division’s rules as well as ensure that the rules conform to federal regulations. The proposed rules are also intended to clearly specify the scope of services to be provided by the Division, to clarify the timeframe in which certain procedural steps must be taken, and to establish what procedures must be followed by blind individuals in order to receive the requested benefits. The effect of the proposed rules will be a clearer and more comprehensive listing of the Division’s rules.

SUMMARY: The proposed rules update the existing rules to ensure that the rules can be executed in a simple and unobtrusive manner. The proposed rules accomplish the intended simplicity, in part, by incorporating applicable federal regulations and the forms necessary to receiving the Division’s services. The rules, in their proposed form, define the scope of the Division’s services and the procedures that must be followed in requesting the Division’s services so as to provide blind individuals with understandable guidelines and instructions.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The rules are not expected to have an adverse impact on economic growth, private sector job creation, or private sector investment in excess of $1 million in the aggregate within 5 years of their implementation; The changes made by the rule amendments do not impose additional regulatory costs. The proposed rule amendments update existing rules to conform to Federal regulations, and provide greater clarity. The rule amendments also repeal a fee required by the existing rules. The rules do not satisfy the threshold criteria triggering legislative ratification under Section 120.541(2)(a), Florida Statutes.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1001.02, 413.011, 413.051 FS.

LAW IMPLEMENTED: 413.011, 413.041, 413.051, 413.091 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: September 17, 2013, 9:00 a.m.

PLACE: Forest Hill Community High School, 6901 Parker Avenue, West Palm Beach, FL 33405

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Aleisa McKinlay, Interim Director, Division of Blind Services, 325 W. Gaines St., Suite 1114 Tallahassee, FL 32399-0400

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-18.040 Definitions.

(1) Department means the Florida Department of Education.

(2) Division means the Division of Blind Services.

Unless otherwise qualified in these rules, the definitions contained in 34 Code of Federal Regulations, § 395.1 Terms, and Section 413.051(2), F.S. (1997), are incorporated herein by reference.

Rulemaking Authority 413.051(12), 1001.02 FS. Law Implemented 413.01151 FS. History–New 4-5-83, Amended 7-9-84, Formerly 6A-18.02, 6A-18.002, Amended 10-20-98, Formerly 38K-1.002, Amended________.

 

6A-18.0401 Federal Regulations Adopted by Reference.

The Department adopts and incorporates by reference Title 34, Code of Federal Regulations, Parts 361 effective January 17, 2001 and 395 effective January 19, 1981

(http://www.flrules.org/Gateway/reference.asp?No=Ref-02679) and may be obtained by contacting the Division of Blind Services, 325 West Gaines Street, Suite 1114, Tallahassee, Florida 32399-0400.

Rulemaking Authority 413.051(12), 1001.02 FS. Law Implemented 413.011 FS. History–New_________.

 

6A-18.041 Establishment of Vending Facilities.

The Division shall establish and maintain vending facilities on federal, state, and other property, only where feasible, as space and funds are available, and based on population to be served, projected vendor income, and required Division investment. For the purposes of this rule, the term feasible shall mean satisfying the Facility Feasibility Analysis (See subsection 6A-18.046(1), F.A.C.). The Division shall retain title to all equipment, fixtures, and other items purchased with Division funds and assigned to a vending facility.

Rulemaking Authority 413.051(12), 1001.02 FS. Law Implemented 413.051 FS. History–New 4-5-83, Amended 11-5-85, Formerly 6A-18.03, 6A-18.003, Amended 10-20-98, Formerly 38K-1.003, Amended________.

 

6A-18.042 Issuance of License.

(1) In order to be eligible for and maintain a license to operate a vending facility, an individual must be:

(a) Legally blind as defined in 34 CFR 361.5(27) 395.1, Terms, and Section 413.033(1), F.S.;

(b) A citizen of the United States;

(c) Eighteen (18) years of age or older;

(d) Possess a high school diploma or equivalency; and

(e) Must undergo a security background investigation, which shall include, but not be limited to, fingerprinting, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies.

(2) An individual who is found to have been convicted of or pled guilty or nolo contendere to, whether or not adjudication is withheld, a crime which is a first degree misdemeanor, or a felony, or any misdemeanor or felony involving moral turpitude shall be disqualified from eligibility for a license to operate a vending facility unless the Department agency exempts the individual from disqualification based on a consideration of:

(a) The passage of time since commission of the crime(s);

(b) The circumstances surrounding the crime(s);

(c) The nature of the harm caused any victim of the crime(s); and

(d) Other evidence provided by the applicant demonstrating to a clear and convincing standard that the applicant should not be disqualified from eligibility.

(3) The Division shall issue a license to operate a vending facility after an individual has satisfactorily completed the Application for the Vending Facility Training Program (Form DBS-BBE 005) as incorporated by reference in Rule 6A-18.046, F.A.C., and the subsequent Vending Facility Training Program (See subsection 6A-18.046(2), F.A.C.).

(4) The license shall be continuously valid, subject to:

(a) The licensee’s continuing to meet the requirements of licensure as set forth in the Licensed Operator Facility Agreement (Form DBS-BBE 730) as incorporated by reference in Rule 6A-18.046, F.A.C.;

(b) The voluntary relinquishment of the license;

(c) Death of the licensee; or

(d) Revocation of the license as set forth in Rule 6A-18.00421, F.A.C.

Rulemaking Authority 413.051(12), 1001.02 FS. Law Implemented 413.011(2), 413.041, 413.051 FS. History–New 4-5-83, Amended 11-5-85, Formerly 6A-18.04, Amended 7-8-87, Formerly 6A-18.004, Amended 10-20-98, Formerly 38K-1.004, Amended 10-25-10,________.

 

6A-18.0421 Conditions for Removal from a Facility; Suspension or Revocation of License.

(1) The Division shall investigate and determine the appropriate action to take, if any, up to and including removal from a vending facility and revocation or suspension of the vendor’s license A vendor shall be removed from a vending facility or a license shall be suspended or revoked for failing or refusing to comply with these rules, or the terms and conditions for licensure, or the Licensed Operator Facility Agreement (Form DBS-BBE 730) as incorporated by reference in Rule 6A-18.046, F.A.C. between the vendor and the Division, or the terms and conditions of any permit or lease for property on which a vending facility is located, or for any of the following reasons:.

(2) A vendor shall also be removed from a vending facility, or a license shall be suspended or revoked for any of the following reasons:

(a) Misuse or unauthorized use of vending facility or equipment, in violation of the Licensed Operator Facility Agreement, including damage or destruction due to negligence or the failure to use ordinary or reasonable care;

(b) Removal of state property, equipment, or state funds from a vending facility without prior written approval from the Division;

(c) Misuse or misappropriation of state funds;

(d) Falsification of facility records or reports relating to the selection for or the operation of a vending facility;

(a) (e) The use of threatening or abusive language at the vending facility;

(f) Use, sale, or being under the influence of alcohol, or the possession, use, sale, or being under the influence of illegal drugs, at the vending facility;

(b)(g) Prolonged incapacity of a vendor to manage the vending facility in a manner consistent with the needs of the Vending Facility Program;

(c)(h) Failure to successfully complete, every two (2) years, three (3) continuing education units (CEUs) of courses approved by the Division;

(i) Conviction of or plea of guilty or nolo contendere to, whether or not adjudication of guilt is withheld, a crime which is a first degree misdemeanor, a felony, or any misdemeanor or felony involving moral turpitude; or

(j) Possession of a firearm at the vending facility.

(2) (3) A vendor’s license to operate a vending facility may be revoked for failure to meet the criminal record requirements of Rule 6A-18.042(1)(e), F.A.C.

(3)(4) The Division shall serve written notice of its intent to remove a vendor from a facility or to suspend or revoke a license by hand delivery or certified mail, to the vendor’s last known address. Such action shall be governed by Rule 6A-18.0423, F.A.C., and Chapter 120, F.S.

Rulemaking Authority 413.051(12), 1001.02 FS. Law Implemented 413.011(2), 413.041, 413.051 FS. History–New 10-20-98, Formerly 38K-1.0041, Amended 10-25-10,________.

 

6A-18.0423 Grievance Procedure.

(1) A licensee may file a grievance if dissatisfied with action taken by the Division which affects the licensee in the operation of the relevant vending facility.

(2) The grievance shall be reviewed by a five (5) member board which shall be comprised of two (2) persons selected by the Division and three (3) persons selected by the State Committee of Vendors. The board shall review the written grievance, and documents attached to such grievance and all relevant Division documents.

(3) The grievance shall be filed in writing with the Division, within twenty-one (21) calendar days of notice of the action giving rise to the grievance.

(4) In all matters not involving decisions under Rule 6A-18.00425, F.A.C.:

(a) The written grievance shall specify the action being grieved and contain a recommendation for its resolution and include any documents deemed relevant by the grievant to the grieved action or the proposed resolution;

(b) The bBoard shall issue a recommendation to the Division supported by a simple majority of the board within fifteen (15) business days of the Division’s receipt of the written grievance;

(c) The Division shall advise the licensee in writing of its disposition of the grievance within thirty (30) business days of the Division’s receipt of the the written grievance;

(d)(c) If the grievance is not resolved in writing to the satisfaction of the licensee within (30) business calendar days of the receipt of the grievance, the licensee may request a hearing pursuant to Chapter 120, F.S., which request shall be in writing and filed with the Director, Division of Blind Services, within twenty-one (21) calendar days of receipt of the Division’s disposition response.

(5) In matters involving decisions under Rule 6A-18.00425, F.A.C., the procedure shall be as stated above except that:

(a) The grievance shall be filed in writing with the Division within seven (7) business days of the Division appointment announcement;

(b) The written grievance shall not include any material required under subsection 6A-18.00425(1), F.A.C.; and

(c) The bBoard’s recommendation shall be issued to the Division within twelve (12) business days of the Division’s appointment announcement.

Rulemaking Authority 413.051(12), 1001.02 FS. Law Implemented 413.051 FS. History–New 10-20-98, Formerly 38K-1.0043, Amended________.

 

6A-18.0424 Announcement of Facility Vacancies.

(1) Upon the establishment of a new facility or when a vacancy occurs in an existing facility, the Division shall announce the vacancy in an accessible format to all licensees, vendors and trainees as a competitive opportunity.

(2) Each vacancy shall be announced for a minimum of two (2) weeks and shall contain, at a minimum, the following information:

(a) The location of the facility;

(b) The type of facility;

(c) The hours of operation;

(d) A general description of services and items currently sold;

(e) Accessibility of the facility;

(f) Staffing pattern;

(g) Estimated annual sales;

(h) Application instructions;

(i) Deadline date for applying; and

(j) Any special information or requirements.

(3) After notification to the Chairman of the State Committee of Vendors, the Division may elect not to announce a vacancy and instead directly place a vendor, licensee or trainee under the following circumstances:

(a) To operate a new or existing facility to determine accurate gross sales information; or

(b) To remedy a situation that has improperly or adversely affected a vendor.; or

(c) To provide a trainee the required experience in accordance with the Vending Facility Training Program and licensure requirements.

Rulemaking Authority 413.051(12), 1001.02 FS. Law Implemented 413.051 FS. History–New 10-20-98, Formerly 38K-1.0044, Amended________.

 

6A-18.0425 Application and Selection.

(1) Selection applications shall be submitted on the Business Opportunity Application (Form DBS-BBE 007) as incorporated by reference in Rule 6A-18.046, F.A.C form specified by the Division (See subsection 6A-18.046(3), F.A.C.). All items in such form must be completed and such form postmarked or received by fax in accordance with the application instructions by the closing date indicated in the announcement.

(2) Selection panel(s). The Division shall establish and maintain a permanent statewide selection panel(s). Each panel shall be responsible for recommending candidates for vacant manager’s positions of facilities referred to the panel by the Division. Each panel shall be composed of five (5) members, two (2) selected by the Division and three (3) by two-thirds vote of the State Committee of Vendors. Each panel shall have two (2) alternate members; one (1) alternate shall be selected by the Division and one (1) by two-thirds vote of the State Committee of Vendors. Alternate members shall serve when a primary member is unable to serve. Members' terms shall be for three (3) years. However, in order to establish staggered terms, initially.

(a) One (1) representative selected by the Committee and one (1) representative from the Division shall each serve a one (1) year term,

(b) One (1) representative selected by the Committee and one representative from the Division shall each serve a two (2) year term, and

(c) One (1) representative selected by the Committee shall serve a three (3) year term.

(d) Alternate panel members shall have three (3) year terms.

(e) When requested by the property owner or custodian, a representative from the property on which the facility exists shall serve as an ad hoc member of the selection panel solely for the purpose of considering applicants for the position in that facility.

(e)(f) Each panel is responsible for reviewing all sSelection aApplications, formulating any interview questions to be asked, performing any background checks deemed appropriate, interviewing applicants, ranking the applicants, and submitting the recommendation package to the Division for final action. Each panel shall consider the following selection criteria:

1. Managerial and other skills and abilities demonstrated by the applicants, including appropriate facility staffing handling labor needs, financial skills needed, food planning and preparation, and customer relations; and

2. Previous records of the applicants, including submission of required reports in an accurate and timely manner; customer satisfaction reports; meeting or improving assigned profit levels; safety and sanitation inspections; fee and bill payment history; financial standing with the Division Bureau of Business Enterprises, and attendance at continuing education classes.

(3) Division responsibilities. The Division shall review the recommendation package to ensure all conditions described above are complied with prior to making the appointment. The Division shall make all appointments.

Rulemaking Authority 413.051(12), 1001.02 FS. Law Implemented 413.051 FS. History–New 10-20-98, Formerly 38K-1.0045, Amended________.

 

6A-18.044 Operator License Agreement.

Each vendor operating a vending facility shall execute and maintain a Licensed Operator Facility Agreement (Form DBS-BBE 730) with the Division as incorporated by reference in Rule 6A-18.046, F.A.C., and ensure completion of the Facility Vendor’s Monthly Business Report (Form DBS-BBE 700w) incorporated by reference in Rule 6A-18.046, F.A.C., as specified in the Licensed Operator Facility Agreement(See subsection 6A-18.046(4), F.A.C.).

Rulemaking Authority 413.051(12) , 1001.02 FS. Law Implemented 413.051 FS. History–New 4-5-83, Amended 11-5-85, Formerly 6A-18.10, Amended 7-8-87, Formerly 6A-18.010, Amended 10-20-98, Formerly 38K-1.010, Amended________.

 

6A-18.045 Newspaper Vending Sales.

(1) General. The Division of Blind Services has the exclusive right to provide vending facilities which includes newspapers at interstate highway rest stops pursuant to 23 U.S.C. Section 111(b), 20 U.S.C. Section 107, et seq., and Sections 413.011 and 413.051, F.S.. The Ddivision's authority to approve the sale of newspapers and other information to the traveling public at highway rest areas is subject to an agreement with the Florida Department of Transportation. All regularly published newspapers shall have the opportunity to provide vending sales at interstate rest stops by permit subject to the conditions established in this rule.

(2) Conditions.

(a) The publisher or distributor will be responsible to provide a rack or vending machine of the type, style, and color normally used by the publisher or distributor that is stable, durable, and fastened to the ground subject to the approval of the division, as to stability and durability. Such approval shall not be unreasonably withheld.

(b) The rack or vending machine will be maintained, repaired, operated and cleaned by the publisher or its agent. The rack or vending machine will be new or in like-new condition when placed into use in the rest area.

(c) When necessary for stability, the publisher or distributor will provide a concrete reinforced pad on which to place the newspaper vending machines. The placement of the rack or vending machine will be in an area agreed upon by the Department of Transportation Maintenance Engineer and the Division of Blind Services. The placement must not create a safety hazard or interfere physically with access to other rest area facilities or vending machines. Publishers and /distributors agrees to maintain the newspaper vending machines in reasonable working order to ensure its clean neat appearance and remove to be responsible for any refuse created by the use of the vending machine.

(d) The publisher or distributor shall will be responsible to provide continuous availability of its current issue to the public.

(e) The publisher or distributor shall indemnify and hold harmless the Division and the State of Florida against any claims arising out of negligence in the presence and/or operation of the rack or vending machine provided. All contracts for vending services at rest stops entered into after the effective date of this rule will require this same indemnification.

(3) Compensation. The publisher or distributor will be required to compensate the division at the rate of ten (10) dollars annual administrative fee per newspaper rack. The Department reserves the right to monitor the service being provided and inspect the condition, cleanliness of equipment and other matters related to the operation of the applicant's newspaper vending on the interstate.

(3) (4) Application and permit procedures current vending locations.

(a) All publishers with news racks in place at the time of the effective date of this rule will not be required to make application to retain those locations. Such publishers must, within a reasonable time, provide the Department with a listing of their pre-existing news rack locations. Publishers with news racks in place may retain those locations.

(b) Publishers or distributors wishing to dispense newspapers on the interstate highway shall, by letter, prepare an application for permit to dispense newspapers, and mail the application to the Division of Blind Services, 325 West Gaines Street, Suite 1114 2540 Executive Center Circle, West, Suite 201, Tallahassee, Florida 32399-0400.

(b)(c) The application letter shall include: the locations desired, the newspapers to be sold, and proposed timing of the installations. If the Division fails to notify the publisher or distributor within ten (10) business days of receipt of the application, the application will be deemed approved All applications shall be assumed to be approved unless publishers are notified by the Department within ten (10) days of receipt of the application.

(c)(d) Transfer of news racks from one (1) location to another may be accomplished only upon approval by the Division by filing a notice with the Department.

If the aforementioned conditions are complied with, no application for newspaper vending under this rule will be denied. Each publisher is responsible for filing the proper application and notices under this subsection with the Department within a reasonable time (ten (10) to fifteen (15) days). Failure to do so is grounds for removal of a new rack from a particular location.

(4)(5) Termination of permit.

(a) Either the newspaper publisher/ or distributor or the Division of Blind Services may terminate a permit entered into under this rule, by giving thirty (30) calendar days written notice. If the permit is to be terminated by the Division of Blind Services, written notice with reasons for the termination will be given the newspaper publisher or distributor. The Division Department may only terminate any permit if the requirements of paragraph (2)(a)-(d) (c) of this rule are not met or , if a safety hazard is created and not remedied by a publisher, or if the licensing fee is not paid.

(b) The written notice shall also provide the publisher/ or distributor with at least thirty (30) calendar days to institute corrective action. If the Division of Blind Services determines that the publisher/ or distributor has failed to institute corrective action within the time allowed in the written notice, it shall notify the publisher/ or distributor in writing and direct the publisher/ or distributor to remove the rack(s) or vending machine(s) in question within ten (10) calendar days. If, during these final ten (10) days the publisher or distributor files a notice for administrative hearing pursuant to Chapter 120, F.S., the news racks machines which are the subject of the dispute will not be removed until after a the final order of the hearing officer is issued. If the publisher/ or distributor fails to do so, the Division of Blind Services may remove the rack(s) or vending machine(s) without further notice. The notice that the corrective action has not been taken or is not adequate shall be considered final agency action for the purposes of Section 120.5697, F.S..

Rulemaking Authority 20.05(5), 229.053(1), 413.051(12), 1001.02 FS. Law Implemented 413.041, 413.051 FS. History–New 3-1-93, Formerly 6A-18.012. Cf. 34 C.F.R. Part 395.7(3)(b), 23 U.S.C. 111(b), 20 U.S.C., Section 107 et seq, Formerly 38K-1.012, Amended________.

 

6A-18.046 Incorporation by Reference.

The below listed documents are incorporated by reference to become effective______ in Chapter 6A-18, F.A.C., and may be obtained from the Director, Division of Blind Services, 325 West Gaines Street, Suite 1114, Tallahassee, Florida 32399-0400.

(1) Facility Feasibility Analysis, DLES Form DBS 741 (8/98);

(1)(2) Application for the Vending Facility Training Program, DLES Form DBS-BBE 005 103 (3/98);

(2)(3) Business Opportunity Application, DLES Form DBS-BBE 007 729 (3/98); and

(3) Facility Vendor’s Monthly Business Report, Form DBS-BBE 700w;

(4) The Licensed Operator Facility Agreement, DLES Form DBS-BBE 730 (1/98).

Rulemaking Authority 413.051(12), 1001.02 FS. Law Implemented 413.051 FS. History–New 10-20-98, Formerly 38K-1.013, Amended________.

 

6A-18.047 Forms and Instructions.

Forms and instructions used by the Division of Blind Services, Department of Labor and Employment Security, in its dealings with the public are prescribed and listed below. These forms and instructions are hereby incorporated and made a part of this rule to become effective_______ . A copy of any form may be obtained without cost upon request to the Division of Blind Services, Department of Education, 325 West Gaines St., Suite 1114 Labor and Employment Security, 2540 Executive Center Circle, West, Suite 203, Tallahassee, FL 32399-04002950. When requesting a specific form, reference should be made to the form number and title.

	DBS-001 (7/81)	Referral and Application for Services (413.011, F.S.)
	DBS-002 (7/81)	Application for Identification Card (413.091, F.S.)
	DBS-003 (7/81)	Confidential Patient Eye Report Physician’s Report on Eye Condition (413.011, F.S.)
	DBS-004 (7/81)	General Medical Examination Report (413.011, F.S.)
	DBS-005 (7/81)	Case Summary For Medical Consultant Recommendation (413.011, F.S.)
	DBS-006 (7/81)	Final Report on Result of Operation Sight Restoration or Prevention of Blindness (413.011, F.S.)
	DBS-007 (8/81)	Statement of Application for Services Based on Economic Need (413.011, F.S.)
	DBS-008 (7/81)	Assistive Low Vision Screening Report Referral to Rehabilitation Facility (413.011, F.S.)
	DBS-009 (7/81)	Dental Examination Report (413.011, F.S.)
	DBS-010 (7/81)	Referral to Eye Clinic (413.011, F.S.)
	DBS-011 (7/81)	Private Client Transportation (413.011, F.S.)
	DBS-016 (8/81)	Invoice for Glasses (413.011, F.S.)
	DBS-017 (11/81)	Authorization Consent for Release of Information (413.011, F.S.)
	DBS-022 (4/82)	Facility Expenditure Report (413.011, F.S.)
	DBS-023 (4/82)	Facility Utilization Report (413.011, F.S.)
	DBS-100 (12/81)	Authorization and Billing Invoice (Client Services Vocational Rehabilitation Program) (413.011, F.S.)
	DBS-101 (7/81)	Individualized Written Rehabilitation Program (413.011, F.S.)
	DBS-101a (7/81)	Individualized Written Rehabilitation Program – Service Agreement (413.011, F.S.)
	DBS-103 (5/82)	Referral for Vocational Rehabilitation (413.011, F.S.)
	DBS-104 (7/81)	Client Service Log (413.011, F.S.)
	DBS-106 (12/81)	Training Progress Report (413.011, F.S.)
	DBS-107 (7/81)	Maintenance Request Invoice (413.011, F.S.)
	DBS-108 (8/82)	Client Equipment Receipt & Inventory Record (413.011, F.S.)
	DBS-200 (12/81)	Authorization and Billing Invoice (Client Services Medical and Social Services Program) (413.011, F.S.)
	DBS-201 (7/81)	Medical and Social Services Rehabilitation Plan (413.011, F.S.)
	DBS-203 (7/81)	Application for Preschool Program (413.011, F.S.)
	DBS-210 (7/81)	Title XX – Right to Appeal (413.011, F.S.)
	DBS-501 (3/83)	Notice of Appointment (413.011, F.S.)
	DBS-502 (3/83)	Certification of Legal Blindness Notice (413.011, F.S.)
	DBS-503 (3/83)	Notice of Missed Appointment (413.011, F.S.)
	DBS-701 (10/81)	Monthly Supervision Report (413.051, F.S.)
	DBS-703 (10/81)	Employee Personal Data (413.051, F.S.)
	DBS-704 (10/81)	Drivers License (Turn-in) Form (413.011, F.S.)
	DBS-706 (10/81)	Statement of Written Guidelines (413.051, F.S.)
	DBS-710 (10/81)	Petty Cash Receipt (413.051, F.S.)

Rulemaking Authority 20.05(1), 20.15(7), 120.53(1)(b), 229.053(1), 413.011(1)(m), 1001.02 FS. Law Implemented 20.05(1), 20.15(7), 120.53(1)(b), 413.011, 413.051, 413.091 FS. History–New 6-28-83, Formerly 6A-18.15, 6A-18.015, 38K-1.015, Amended

 

6A-18.048 Solicitation of Funds for Blind Persons.

Rulemaking Authority 20.05(1), 20.15(7), 120.53(1)(a), 229.053(1), 413.066 FS. Law Implemented 20.05(1), 413.066 FS. History–New 6-2-85, Formerly 6A-18.23, 6A-18.023, 38K-1.023, Repealed_________.

Cf. DBS-031, Application for Permit to Solicit for the Benefit of Blind Persons.

 

6A-18.049 General Description of Services and Procedures.

(1) An individual may apply for the Division’s vocational rehabilitation services by completing the Referral and Application for Services Form (DBS-001) as incorporated by reference in Rule 6A-18.047, F.A.C.The nature and extent of services needed to assist a client towards suitable employment vary with the individual’s circumstances.

(2)(1) When an individual applies to the Division for vocational rehabilitation services, eligibility shall be determined in accordance with Rule 6A-18.050, F.A.C., and 34 C.F.R. §§ 361.41, 361.42.

(3)(2) The individual shall be eligible for those services necessary needed to determine employability and reach an appropriate vocational goal and that are enumerated and described in 34 C.F.R. §§ 361.48, 361.49.

(3) The Division may either purchase needed vocational rehabilitation services or assist the individual in obtaining them from other programs or agencies.

(4) As necessary and appropriate to meet the vocational needs of the individual, the Division shall make the following services available to eligible clients:

(a) Evaluation of employment potential in accordance with subsection 6A-18.050(2), F.A.C.;

(b) Counseling and guidance;

(c) Referral to other community agencies;

(d) Medical treatment and related services in accordance with Confidential Patient Eye Report (DBS-003), General Medical Examination Report (DBS-004), Medical Consultant Recommendation Form(DBS-005), and Assistive Low Vision Screening Report (DBS-008), as incorporated by reference in Rule 6A-18.047, F.A.C.;

(e) Vocational and other training services, including personal adjustment training;

(f) Reader and interpreter services;

(g) Orientation and mobility training;

(h) Transportation needed to participate in vocational rehabilitation services, including relocation for employment, and reimbursement for private transportation through the use of Private Transportation Form (DBS-011) as incorporated by reference in Rule 6A-18.047, F.A.C.;

(i) Maintenance Financial aid to meet normal living requirements while in training, treatment, or other program of services, which can be applied for using Maintenance Request Form, (DBS-107) as incorporated by reference in Rule 6A-18.047, F.A.C.;

(j) Technological aids or equipment;

(k) Placement in appropriate employment;

(l) Post-employment services necessary to maintain suitable employment; and

(m) Services to members of a client’s family group when necessary to the vocational rehabilitation of the client.

(5) The Division shall provide licenses, tools, equipment, initial stocks and supplies for self-employment in an owner-operated small business when the following conditions are met:

(a) The client has the abilities and aptitudes required for the management and operation of the business;

(b) The client has had successful business management experience or training, and has knowledge of purchasing, marketing, and aspects of the particular business chosen, including licensing, insurance, taxes, and relevant legal requirements;

(c) The client’s own financial resources and funding available from other sources are utilized to the maximum extent possible;

(d) A prospectus for the proposed business enterprise is prepared by the client with assistance and guidance of the counselor and submitted to the program director for approval. This prospectus shall cover the various facets of the business, including but not limited to, suppliers, licensing and other legal requirements, needed stock and equipment, market for the products, foreseeable operating costs, a time frame for start-up assistance from the Division, and anticipated profits;

1. When assistance from the Division is expected to be ten thousand (10,000) dollars or more, the counselor and client shall select a committee of persons competent to assess the local market, financing, location, and factors likely to impact on the success of the business. This committee shall review the prospectus and other information. It shall meet with the client, counselor, and program director or designee to determine the feasibility of a successful business operation;

2. When the committee makes a negative recommendation, the Division shall give no further consideration to providing financial assistance for the establishment of the business but shall assist the client in selecting and preparing for an alternate vocational goal. When the recommendation is positive, a statement shall be prepared detailing the need for initial stock and equipment, financial accounting, and other services deemed necessary to supplement the resources available for successful operation of the business;

(e) When an owner-operated small business is deemed to be an appropriate vocational goal, the completed rehabilitation plan must be submitted to the program director for review and approval before any commitments are made to the client or vendors.

(5)(6)(a) The Division may assist a client one time in establishing an independently operated business with the client owning at least 51% of the business. Services may include the following: The Divisions’s financial contribution to the establishment of a small business shall be limited to funds available and the need to serve all clients equitably.

1. Training/education in the actual field of work;

2. Referral and coordination with a Small Business Development Center or other local resource (community college, university, etc.) for basic business administration courses and counseling;

3. Business consulting services;

4. Licensing fees and other start-up costs;

5. Financing required to leverage other small business loans for additional expenses including stock, supplies, and equipment;

6. Personal computer equipment including adaptive technology; and

7. Other start-up costs.

(b) The Division will not provide funding or be involved in assisting client plans for:

1. Businesses that are speculative in nature, such as investments in real estate;

2. Businesses organized as non-profit;

3. Businesses organized as hobbies;

4. Franchise, goodwill, or trademark fees;

5. Construction and/or purchase of real estate;

6. Purchase of land;

7. Refinancing an existing debt; or

8. An existing business.

(c) All individuals requesting Division support in self-employment must:

1. Demonstrate abilities and aptitudes to manage and operate a business

2. Have had successful business management experience

3. Have knowledge of purchasing, marketing, licensing, tax, insurance and other such matters relevant to the intended business;

4. Be prepared to apply his or her own financial resources and financial resources available from others than the Division to the business to the greatest extent possible; and

5. Complete a business plan, which must be submitted to the Division’s State Office for review and approval by the Bureau Chief of Client Services. The Division will consider the recommendation of a small business consultant, such as SCORE, in determining whether to support or deny an individual’s self-employment.

6. The individual may be referred to the local Small Business Development Center or community college for training and/or assistance in writing the business plan.

7. The individual may be instructed to take the following business plan development courses offered by the Hadley School for the Blind: Self-Employment with a Minimal Investment Course EMP-201; The Business Plan Module FCE-130; The Financial Plan Module FCE-130; and The Marketing Plan Module FCE-120.

(d) The Division will provide funding for a small business when an approved IPE for self-employment indicates the Division’s financial support is necessary.

1. The Division’s funding level shall not exceed eighty (80) percent of the total cost of establishing the business and will seldom be more than $15,000.

2. Funding will generally be $5000.

3. In addressing a funding request for more than $5,000, the Division may consider whether the individual has a goal of achieving self-sufficiency; whether funds received from the Division will leverage additional funding; the scale of the business; and an assessment of whether the business may yield substantial profit.

4. When assistance from the Division is expected to be $10,000 or more, the counselor and the individual shall select a team of persons competent to assess the likelihood of success of the intended business. The team shall consider the individual’s business plan and meet with the individual, the counselor, and the program director or designee in the course of its assessment.

5. If the team makes a negative assessment, the Division shall give no further consideration to providing financial assistance for the establishment of the business but shall assist the individual in selecting and preparing for an alternate vocational goal.

6. When an owner-operated business appears to be an appropriate vocational goal, the completed rehabilitation plan must be submitted to the program director for review and approval before any commitments are made to the individual.

(6) The Division will release confidential records in accordance with Section 413.012, F.S., upon completion of the Authorization for Release of Information (DBS-017) incorporated by reference in Rule 6A-18.047, F.A.C.

(7) Upon request, the Division shall provide a client with a card identifying the client as a person with a visual disability. Issuance of a card is not a necessary condition of eligibility for the Division’s services, but is intended to enable access to services external to and unrelated to those of the Division. A client must submit the Application for Identification Card (DBS-002) as incorporated by reference in Rule 6A-18.047, F.A.C., in order to be eligible to receive an indentification card.

Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l), 1001.02 FS. Law Implemented 413.011(1)(3), 413.012, 413.091 FS. History–New 2-13-84, Formerly 6A-18.33, 6A-18.033, 38K-1.033, Amended________..

 

6A-18.050 Eligibility Determination.

(1) When an individual applies to the Division for vocational rehabilitation services, eligibility shall be determined in accordance with this section and 34 C.F.R. §§ 361.41, 361.42.

(2)(1) All vocational rehabilitation services provided by the Division are contingent on the availability of funds and the following eligibility criteria:

(a) A vision loss of such severity that the individual is blind or threatened with blindness which as defined in Section 413.033(1), F.S., shall be documented by an eye examination report that includes the diagnosis, etiology, visual acuity including refraction, a description of visual field, prognosis, recommendation, and such other information as may be pertinent to the individual case;

(b) Limitations on the person’s ability to function, as a result of the vision loss, which seriously impede obtaining, retaining, or preparing for employment consistent with the person’s abilities, skills, general health status, education, and vocational background; and

(c) An A reasonable expectation that vocational rehabilitation services will enable the individual to engage in suitable employment.

(3)(2) If the vision loss is as defined in paragraph 6A-18.050(1)(a), F.A.C., the Division shall acquire such additional information as may be needed to determine the applicant’s eligibility for vocational rehabilitation and to plan services. Such information shall be adequate to:

(a) Establish that the vision loss limits the person’s activities;

(b) Evaluate the current health status of the person to determine capabilities and limitations;

(c) Support the choice of a vocational goal;

(d) Determine the vocational rehabilitation services needed to attain the goal; and

(e) Determine how and to what extent disabling conditions may be removed, corrected, or minimized by physical restoration services.

(4)(3) The agency shall procure examinations by specialists when these are needed to determine eligibility, to assess rehabilitation potential, to plan services, or select a vocational objective.

(5)(4) In any case where eye pathological information is needed, a specialty examination by a physician skilled in diseases of the eye shall be obtained.

(6)(5) Psychiatric evaluations, psychological evaluations and other specialty examinations shall be obtained as circumstances indicate necessary to determine the nature and extent of functional limitations and the likelihood that vocational rehabilitation services will assist the individual towards employment.

(7)(6) The counselor shall determine eligibility for vocational rehabilitation services based on the information and inform the applicant.

(8)(7) When it cannot be determined that vocational rehabilitation services are likely to help the individual to reach an employment objective, the counselor shall complete a statement of eligibility for an extended evaluation of employability as is further provided in 34 C.F.R. § 361.43. The applicant shall be informed thereof, and the Division and the applicant shall develop a plan developed for training, treatment, or other services needed to make this determination within a time period which may not exceed eighteen (18) months.

(9)(8) When a person is found to be ineligible by the counselor, the Division shall follow the procedures for ineligibility determinations as provided in 34 C.F.R. § 361.43 a statement of ineligibility shall specify eligibility requirements which are not met.

Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l), 1001.02 FS. Law Implemented 120.53(1), 413.011(1)(2), 413.021, 413.031 FS. History–New 2-13-84, Formerly 6A-18.35, 6A-18.035, 38K-1.035, Amended________.

 

6A-18.051 Economic Need Policies.

(1) To ensure that individuals participate as much as possible in the cost of their vocational rehabilitation, the Division shall consider the resources available to the individual and the family for rehabilitation purposes as further provided in 34 C.F.R. § 361.54.

(2)(1) The Division shall ensure that similar benefits from other programs or agencies are utilized before using vocational rehabilitation funds to pay for such services, provided that use of such benefits does not delay or hamper the person’s rehabilitation as further provided in 34 C.F.R. § 361.53.

(3)(2) Services that may be provided as needed without consideration of family income are:

(a) Diagnostic services to determine the individual's abilities and limitations;

(b) Counseling and guidance;

(c) Tuition or fees for vocational training, except that other sources of grants or scholarship funds must be used first for training in universities, colleges, technical, or vocational schools. If a client chooses to attend a nonpublic or out-of-state institution, the maximum tuition payable by the Division shall be equal to the fees for Florida residents at State universities or community colleges;

(d) Reader services and interpreter services for deaf-blind;

(e) Orientation and mobility training;

(f) Rehabilitation teacher services; and

(g) Placement in suitable employment and follow-up on job performance.

(4)(3) Before providing additional services, the Division shall take into consideration the income and financial resources of the individual and the family as well as availability of similar benefits unless specifically prohibited under 34 C.F.R. § 361.54. These additional services are:

(a) Treatment for physical or mental disabilities, including surgery, hospitalization, medications, prostheses, and other treatment-related services;

(b) Transportation;

(c) Financial assistance to meet minimum living requirements if necessary to enable the client to participate in vocational rehabilitation services;

(d) Books, training materials, equipment, and technological aids for training or employment;

(e) Occupational licenses, tools, equipment, supplies, and initial stock needed for self-employment or a business;

(f) Services to members of the client’s family when necessary to the individual’s vocational rehabilitation; and

(g) Other goods and services required for the individual’s rehabilitation except those listed in subsection 6A-18.051(2)(3), F.A.C.

(5)(4) Eligibility for Tthese additional services shall be provided established as follows:

(a) The client shall complete the Statement of Application for Services Based on Economic Need (DBS-007) as incorporated by reference in Rule 6A-18.047, F.A.C., showing income from all sources for the family group and any other resources available for rehabilitation services;

(b) If the gross monthly income is below usual household expenses unrelated to the provision of Division services the normal living requirements for the number of persons in the family group, the individual may not be required to participate in the cost of is eligible for these additional services;

(c) If the gross monthly income exceeds usual household expenses unrelated to the provision of Division services is above the normal living requirements, the individual shall be required to participate in the cost of will not be eligible for these services unless there are unusual circumstances which would make it impossible to provide or obtain the needed services. In such cases, the counselor shall document these unusual financial circumstances and request an exception which must be approved by the program director or designee before the services may be purchased, if economic need is in effect.

(5) Equitable application of standard. Counselors will be provided with training and supervision in obtaining financial information, the dollar amounts for measuring normal living requirements, and instructions for giving consideration to unusual circumstances. These instructions and procedures shall provide for equitable treatment of all clients.

Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l), 1001.02 FS. Law Implemented 120.53(1), 413.011(1)(2) FS., 34 C.F.R., Part 361.47. History–New 2-13-84, Formerly 6A-18.36, 6A-18.036, 38K-1.036, Amended________.

 

6A-18.052 The Individualized Plan for Employment Vocational Rehabilitation.

(1) For each person determined eligible for vocational rehabilitation services or for an extended evaluation of employability, the counselor shall, with the cooperation of the individual, develop an Individualized Plan for Employment, as further provided in 34 C.F.R. § 361.46 a written plan of vocational rehabilitation services.

(2) The written plan shall be approved by the program director or designee.

(3) As a basis for this plan, each case record must include at least the following:

(a) Medical reports and other data to support the determination of eligibility;

(b) Information on the client’s financial resources if services based on economic need are to be provided by the Division;

(c) Records of medical examination, medical consultation and other data to indicate that medical treatment or any therapeutic services are needed and may be expected to improve the person’s ability to function;

(d) Transcripts, test scores, or other evidence of intellectual functioning and academic skills if training at a college or university is to be provided;

(e) Sufficient information concerning the client’s ability to function physically, mentally, and socially to justify the selection of a vocational goal commensurate with abilities and limitations; and

(f) Information concerning the availability of needed services from other programs or agencies.

(4) Each individual plan shall include:

(a) The vocational goal or a tentative career field if the ultimate objective cannot be specified at that time;

(b) Services which the counselor and client agree are deem reasonable and necessary to reach the vocational goal;

(c) The estimated cost of services to be provided by the Division;

(d) The client’s participation in providing necessary services or obtaining them from other sources; and

(e) Estimated time for completion of services. For extended evaluation of employability, this may not exceed eighteen (18) months.

(5) The Division has the responsibility for the evaluation of the individual’s progress towards rehabilitation and shall secure pertinent reports from professional personnel or agencies providing vocational rehabilitation services as a basis for evaluating the client’s progress or for determining the need for revision of the rehabilitation plan; from training facilities, where appropriate; from the client and any other sources determined by the Division to be able to contribute to such an evaluation when and where available.

(6) An individual’s vocational rehabilitation plan shall be revised or terminated with participation of the client when it becomes evident that:

(a) The client undergoing extended evaluation of employability is determined not to be eligible;

(b) The client’s vocational rehabilitation has been accomplished;

(c) The client’s needs have changed;

(d) The client has refused services or is unavailable for services; or

(e) The client is not progressing towards the chosen vocational goal.

Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l), 1001.02 FS. Law Implemented 120.53(1), 413.011(1)(2) FS. History–New 2-13-84, Formerly 6A-18.37, 6A-18.037, 38K-1.037, Amended________.

 

6A-18.053 Determination That a Client Has Been Rehabilitated.

A client is shall be deemed to be rehabilitated, after an appropriate stabilization a period not less than ninety (90) days after the start of employment which is, when a vocational rehabilitation goal suitable to the individual’s physical and mental abilities and limitations and other personal circumstances has been achieved.

Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l), 1001.02 FS. Law Implemented 120.53(1), 413.011(1)(2) FS. History–New 2-13-84, Formerly 6A-18.39, 6A-18.039, 38K-1.039, Amended________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Aleisa McKinlay, Interim Director, Division of Blind Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 7, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 23, 2013