Federal Laws

Florida Laws

Administrative Code

CHAPTER 38K-1 — BLIND SERVICES

PART I VENDING FACILITY PROGRAM38K-1.001 Scope and Purpose. (Repealed)38K-1.002 Definitions.38K-1.003 Establishment of Vending Facilities.38K-1.004 Issuance of License.38K-1.0041 Conditions for Removal from a Facility; Suspension or Revocation of License.

38K-1.0042 Emergency Removal of a Vendor from a Vending Facility.38K-1.0043 Grievance Procedure.38K-1.0044 Announcement of Facility Vacancies.38K-1.0045 Application and Selection.

38K-1.005 Vending Facility Training Program. (Repealed)38K-1.006 Access to Vending Facility Program and Financial Information. (Repealed)38K-1.007 Set-aside Funds. (Repealed)38K-1.008 Transfer and Promotion of Vendors. (Repealed)

38K-1.009 The State Committee of Vendors.38K-1.010 Operator License Agreement.38K-1.011 Duties and Responsibilities of the Division of Blind Services. (Repealed)38K-1.012 Newspaper Vending Sales.38K-1.013 Incorporation by Reference.

PART II GENERAL ADMINISTRATION

38K-1.015 Forms and Instructions.38K-1.017 Definitions. (Repealed)38K-1.018 Organization. (Repealed)38K-1.019 State Registry of Blind Persons. (Repealed)38K-1.020 Advisory Council for the Blind. (Repealed)38K-1.022 Retention of Title to Equipment. (Repealed)

38K-1.023 Solicitation of Funds for Blind Persons.

PART III VOCATIONAL REHABILITATION PROGRAM38K-1.031 Scope and Purpose. (Repealed)38K-1.032 Definitions. (Repealed)38K-1.033 General Description of Services and Procedures.38K-1.034 Referrals and Applicants. (Repealed)38K-1.035 Eligibility Determination.38K-1.036 Economic Need Policies.38K-1.037 The Individualized Plan for Vocational Rehabilitation.38K-1.038 Standards and Fees for Vocational Rehabilitation Services. (Repealed)

38K-1.039 Determination That a Client Has Been Rehabilitated.

PART IV REHABILITATION CENTER FOR THE BLIND38K-1.050 Transportation. (Repealed)38K-1.051 Exit Review Panel. (Repealed)

PART V MEDICAL AND SOCIAL SERVICES PROGRAM

38K-1.062 Definitions. (Repealed)38K-1.063 Description of Services Provided by the Medical and Social Services Program. (Repealed)38K-1.064 Referrals and Applicants to the Medical and Social Services Program. (Repealed)38K-1.065 Eligibility Determination for the Medical and Social Services Program. (Repealed)

38K-1.066 Economic Need Policies of the Medical and Social Services Program. (Repealed)38K-1.067 The Individualized Plan for Medical and Social Rehabilitation. (Repealed)

38K-1.068 Standards and Fees for Medical and Social Services Program. (Repealed)

PART I VENDING FACILITY PROGRAM

38K-1.001 — Scope and Purpose.Specific Authority 20.05(1), 20.15(7), 120.53(1)(a), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1)(a), 413.041, 413.051 FS, 45 C.F.R., Part 1369. History — New 4-5-83, Formerly 6A-18.01, 6A-18.001, Repealed 4-8-96.

38K-1.002 — Definitions.Unless otherwise qualified in these rules, the definitions contained in 34 Code of Federal Regulations, § 395.1 Terms, and Section 413.051(2), Florida Statutes (1997), are incorporated herein by reference.

Specific Authority 413.051(12) FS. Law Implemented 413.051 FS. History — New 4-5-83, Amended 7-9-84, Formerly 6A-18.02, 6A-18.002, Amended 10-20-98.

38K-1.003 — 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. For the purposes of this rule, the term feasible shall mean satisfying the Facility Feasibility Analysis (See Rule 38K-1.013(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.

Specific Authority 413.051(12) 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.

38K-1.004 — Issuance of License.(1) In order to be eligible for a license to operate a vending facility, an applicant must be:

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

(b) A citizen of the United States;

(d) Possess a high school diploma or equivalency.

(2) The Division shall issue a license to operate a vending facility after an applicant has satisfactorily completed the Application for the Vending Facility Training Program and the subsequent Vending Facility Training Program (See Rule 38K-1.013(2), F.A.C.).

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

(a) The licensee's continuing to meet the requirements of licensure;

(b) The voluntary relinquishment of the license;

(d) Revocation of the license as set forth in Rule 38K-1.0041.

Specific Authority 413.051(12) FS. Law Implemented 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.

38K-1.0041 — Conditions for Removal from a Facility; Suspension or Revocation of License.

(1) 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, the terms and conditions for licensure, the Licensed Operator Facility Agreement 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.

(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;

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

(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;

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

(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.

(3) 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 Chapter 120, F.S.

Specific Authority 413.051(12) FS. Law Implemented 413.051 FS. History — New 10-20-98.

38K-1.0042 — Emergency Removal of a Vendor from a Vending Facility.(1) If a Vendor's actions in operating a vending facility constitute an immediate danger to public health, safety or welfare, or to the assets of the vending facility, the Division shall immediately remove the vendor from the vending facility.

(2) The Division shall provide the Vendor written documentation of the cause for such removal within ten (10) days of the date of the action by hand delivery or certified mail to the vendor's last known address.

Specific Authority 413.051(12) FS. Law Implemented 413.051 FS. History — New 10-20-98.

38K-1.0043 — 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 member board which shall be comprised of two persons selected by the Division and three 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 21 calendar days of notice of the action giving rise to the grievance.

(4) In all matters not involving decisions under Rule 38K-1.0045, 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 Board shall issue a recommendation to the Division supported by a simple majority of the board within 15 days of the Division's receipt of the written grievance;

(c) If the grievance is not resolved in writing to the satisfaction of the licensee within 30 calendar days of the receipt of the grievance, the licensee may request a hearing pursuant to Chapter 120, Florida Statutes, which request shall be in writing and filed with the Director, Division of Blind Services, within 21 calendar days of receipt of the Division's response.

(5) In matters involving decisions under Rule 38K-1.0045, F.A.C., the procedure shall be as stated above except that:

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

(b) the written grievance shall not include any material required under Rule 38K-1.0045(1), F.A.C.; and

(c) the Board's recommendation shall be issued to the Division within 12 days of the Division's appointment announcement.

Specific Authority 413.051(12) FS. Law Implemented 413.051 FS. History — New 10-20-98.

38K-1.0044 — 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 weeks and shall contain, at a minimum, the following information:

(a) the location of the facility;

(b) the type of facility;

(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;

(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.

Specific Authority 413.051(12) FS. Law Implemented 413.051 FS. History — New 10-20-98.

38K-1.0045 — Application and Selection.(1) Selection applications shall be submitted on the form specified by the Division (See Rule 38K-1.013(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 members, two selected by the Division and three by two-thirds vote of the State Committee of Vendors. Each panel shall have two alternate members; one alternate shall be selected by the Division and one 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 years. However, in order to establish staggered terms, initially

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

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

(d) Alternate panel members shall have three 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.

(f) Each panel is responsible for reviewing all Selection Applications, 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 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 Business Enterprises Program, 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.

Specific Authority 413.051(12) FS. Law Implemented 413.051 FS. History — New 10-20-98.

38K-1.005 — Vending Facility Training Program.Specific Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1), 413.041, 413.051, 413.25 FS, 45 C.F.R., Part 1369.11. History — New 4-5-83, Formerly 6A-18.05, 6A-18.005, Repealed 10-20-98.

38K-1.006 — Access to Vending Facility Program and Financial Information.

Specific Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1), 413.041, 413.051, 413.25 FS., 45 C.F.R., Part 1369.12. History — New 4-5-83, Formerly 6A-18.06, 6A-18.006, Repealed 10-20-98.

38K-1.007 — Set-aside Funds.Specific Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1), 413.041, 413.051, 413.25 FS., 45 C.F.R., Parts 1369.3(11), 1369.9. History — New 4-5-83, Formerly 6A-18.07, 6A-18.007, Repealed 10-20-98.

38K-1.008 — Transfer and Promotion of Vendors.Specific Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1), 413.041, 413.051 FS. History — New 4-5-83, Formerly 6A-18.08, 6A-18.008, Repealed 10-20-98.

38K-1.009 — The State Committee of Vendors.(1) The Division shall establish a State Committee of Vendors. The committee shall be composed of one (1) representative and one alternate from each Vending Facility district, and a chairman and vice chairman elected on a statewide basis by a majority vote of all vendors. The districts shall be established to assure equitable representation of all vendors in the program on the basis of such factors as geography and vending facility type with the goal of providing for proportional representation of vendors on federal, state, and private property.

(2) The State Committee of Vendors shall:

(a) Actively participate with the Division in major administrative decisions and policy and program development decisions affecting the overall administration of the vending facility program;

(b) Receive and transmit to the Division grievances at the request of vendors and serve as advocates for such vendors in connection with such grievances;

(c) Actively participate with the Division in the development and administration of a system for the transfer and promotion of vendors;

(d) Actively participate with the Division in the development of training and retraining programs for vendors; and

(e) Sponsor, with the assistance of the Division, meetings and instructional conferences for vendors within the state.

(3) The Division shall provide for the biennial election of the members to the State Committee of Vendors. A committee member, the chairman, and vice chairman may serve more than one term.

(4) The State Committee of Vendors shall meet not less than quarterly in a location agreed upon by the chairman and the Division.

Specific Authority 413.051(12) FS. Law Implemented 413.051 FS. History — New 4-5-83, Amended 7-9-84, 11-5-85, Formerly 6A-18.09, 6A-18.009, Amended 10-20-98. Cf. 45 C.F.R., Part 1369.14.

38K-1.010 — Operator License Agreement.Each vendor operating a vending facility shall execute and maintain a Licensed Operator Facility Agreement with the Division (See Rule 38K-1.013(4), F.A.C.).

Specific Authority 413.051(12) 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.

38K-1.011 — Duties and Responsibilities of the Division of Blind Services.Specific Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1), 413. 041, 413.051 FS., 45 C.F.R., Part 1369.4. History — New 4-5-83, Formerly 6A-18.11, 6A-18.011, Repealed 10-20-98.

38K-1.012 — 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, Sections 413.011 and 413.051, Florida Statutes. The division'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 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. Publisher/distributor agrees to maintain the newspaper vending machines in reasonable working order to ensure its clean neat appearance and to be responsible for any refuse created by the use of the vending machine.

(d) The publisher or distributor 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.

(4) Application and 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, 2540 Executive Center Circle, West, Suite 201, Tallahassee, Florida 32399.

(c) The application letter shall include: the locations desired, the newspapers to be sold, and proposed timing of the installations. All applications shall be assumed to be approved unless publishers are notified by the Department within ten (10) days of receipt of the application.

(d) Transfer of news racks from one location to another may be accomplished 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.

(5) Termination of permit.

(a) Either the newspaper publisher/distributor or the Division of Blind Services may terminate a permit entered into under this rule, by giving thirty (30) 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 Department may only terminate any permit if the requirements of paragraph (2)(c) of this rule are not met, 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/distributor with at least thirty (30) days to institute corrective action. If the Division of Blind Services determines that the publisher/distributor has failed to institute corrective action within the time allowed in the written notice, it shall notify the publisher/distributor in writing and direct the publisher/distributor to remove the rack or vending machine in question within ten (10) days. If, during these final ten (10) days the publisher files a notice for administrative hearing pursuant to Chapter 120, Florida Statutes, the news racks which are the subject of the dispute will not be removed until after the final order of the hearing officer is issued. If the publisher/distributor fails to do so, the Division of Blind Services may remove the rack or vending machine 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 120.57, Florida Statutes.

Specific Authority 20.05(5), 229.053(1), 413.051(12) 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.

38K-1.013 — Incorporation by Reference.The below listed documents are incorporated by reference in Chapter 38K and may be obtained from the Director, Division of Blind Services.(1) Facility Feasibility Analysis, DLES Form DBS 741 (8/98);

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

(3) Business Opportunity Application, DLES Form DBS 729 (3/98); and

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

Specific Authority 413.051(12) FS. Law Implemented 413.051 FS. History — New 10-20-98.

PART II GENERAL ADMINISTRATION

38K-1.015 — 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. A copy of any form may be obtained without cost upon request to the Division of Blind Services, Department of Labor and Employment Security, 2540 Executive Center Circle West, Suite 203, Tallahassee, FL 32399-2950. 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) 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 (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) Application for Services Based on Economic Need (413.011, F.S.)

DBS-008 (7/81) 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) Client Transportation (413.011, F.S.)

DBS-016 (8/81) Invoice for Glasses (413.011, F.S.)

DBS-017 (11/81) 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 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.)

Specific Authority 20.05(1), 20.15(7), 120.53(1)(b), 229.053(1), 413.011(1)(m) 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-1.017 — Definitions.Specific Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1) FS. History — New 6-2-85, Formerly 6A-18.17, 6A-18.017, Repealed 4-8-96.

38K-1.018 — Organization.Specific Authority 120.53(1)(a), 229.053(1), 413.011(1) FS. Law Implemented 120.53(1)(a), 229.053(1), 413.011(1), 413.032 FS. History — New 7-23-85, Formerly 6A-18.18, 6A-18.018, Repealed 4-8-96.

38K-1.019 — State Registry of Blind Persons.Specific Authority 120.53(1)(b), 229.053(1), 413.011(1)(b) FS. Law Implemented 120.53(1)(b), 413.011(1)(b), 413.012 FS. History — New 10-10-85, Formerly 6A-18.19, 6A-18.019, Repealed 4-8-96.

38K-1.020 — Advisory Council for the Blind.Specific Authority 120.53(1)(b), 229.053(1), 413.011(2) FS. Law Implemented 120.53(1)(b), 229.053(1), 413.011(2) FS. History — New 7-23-85, Formerly 6A-18.20, 6A-18.020, Repealed 4-8-96.

38K-1.022 — Retention of Title to Equipment.Specific Authority 120.53(1), 229.053(1), 413.011(1) FS. Law Implemented 413.011(1)(d), (g), (j), 413.32 FS. History — New 7-23-85, Formerly 6A-18.22, 6A-18.022, Repealed 4-8-96.

38K-1.023 — Solicitation of Funds for Blind Persons.Any solicitation of funds or anything of value for the benefit of blind persons requires prior approval by the Division of Blind Services, in accordance with Section 413.061, Florida Statutes.

(1) The purpose of approval is to protect the general public against improper and misleading solicitation, to protect blind people against exploitation and misidentification as mendicants, and to assist permitted agencies and organizations to establish their standing with the public as legitimate solicitors.

(2) Any person, organization, or agency desiring to solicit funds or anything of value for the benefit of blind persons shall complete Form DBS-031, Application for Permit to Solicit for the Benefit of Blind Persons, effective May, 1985, hereby incorporated in this rule by reference, and file that application with the state office of the Division of Blind Services. The application form may be obtained from the Division of Blind Services, 203 Douglas Building, 2540 Executive Center Circle, West, Tallahassee, Florida 32399. The National Federation of the Blind of Florida, the Florida Council of the Blind, the Blinded Veterans Association of Florida, and the Lions Clubs of Florida are exempt from compliance with this rule provided that they file an annual report with the Department of State showing total receipts and disbursements by subject.

(3) Each application shall be reviewed by the designated Division staff member in the Division's state office. The application shall be checked for completeness. If the reported information is not readily verifiable, the application shall be sent to the appropriate Division regional manager who shall verify the information locally. If the required information is not included with the application, the applicant shall be contacted to provide any required information.

(4) The basis for approval shall be:

(a) The extent to which blind persons benefit from the proposed solicitation;

(b) The proposed solicitation shall not depict blind people as helpless or as mendicants appealing to the sympathy of the public;

(5) Upon approval of the application, the Division of Blind Services shall issue a permit to the applicant, valid for the solicitation activity described, for a period of up to one (1) year. A copy of Sections 413.061 through 413.069, Florida Statutes, shall be sent to the applicant with the permit.

(6) If it is determined that the applicant has not complied with Sections 413.061 through 413.069, Florida Statutes, or with these rules, the permit shall be revoked and the persons, agency, or organization shall be notified that they are no longer approved for soliciting for the benefit of blind persons.

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

PART III VOCATIONAL REHABILITATION PROGRAM38K-1.031 — Scope and Purpose.Specific Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1), 413.011(1) FS. History — New 2-13-84, Formerly 6A-18.31, 6A-18.031, Repealed 4-8-96.

38K-1.032 — Definitions.Specific Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1), 413.011(1), 413.012 FS. History — New 2-13-84, Formerly 6A-18.32, 6A-18.032, Repealed 4-8-96.

38K-1.033 — General Description of Services and Procedures.The nature and extent of services needed to assist a client towards suitable employment vary with the individual's circumstances.

(1) When an individual applies to the Division for vocational rehabilitation services, eligibility shall be determined in accordance with Rule 38K-1.035, FAC.

(2) The individual shall be eligible for those services needed to determine employability and reach an appropriate vocational goal.

(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 needs of the individual, the Division shall make the following services available to eligible clients:

(a) Evaluation of employment potential in accordance with

Rule 38K-1.035(2), FAC.;(b) Counseling and guidance;(c) Referral to other community agencies;

(d) Medical treatment and related services;

(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;

(i) Financial aid to meet normal living requirements while in training, treatment, or other program of services;

(j) Technological aids or equipment;

(k) Placement in appropriate employment;

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

(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.

(6) 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.

Specific Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l) FS. Law Implemented 413.011(1) FS. History — New 2-13-84, Formerly 6A-18.33, 6A-18.033.

38K-1.034 — Referrals and Applicants.Specific Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 120.53(1), 413.011(1) FS. History — New 2-13-84, Formerly 6A-18.34, 6A-18.034, Repealed 4-8-96.

38K-1.035 — Eligibility Determination.(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 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;

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

(2) If the vision loss is as defined in Rule 38K-1.035(1)(a), FAC., 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;

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

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

(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.

(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.

(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.

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

(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. The applicant shall be informed and 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.

(8) When a person is found to be ineligible by the counselor, a statement of ineligibility shall specify eligibility requirements which are not met.

Specific Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l) FS. Law Implemented 120.53(1), 413.011(1), 413.021, 413.031 FS. History — New 2-13-84, Formerly 6A-18.35, 6A-18.035.

38K-1.036 — Economic Need Policies.

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.

(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.

(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;

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

(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. 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;

(g) Other goods and services required for the individual's rehabilitation except those listed in Rule 38K-1.036(2), FAC.

(4) Eligibility for these additional services shall be established as follows:

(a) The client shall complete the Application for Services Based on Economic Need (DBS-007) 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 the normal living requirements for the number of persons in the family group, the individual is eligible for these additional services;

(c) If the gross monthly income is above the normal living requirements, the individual 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.

(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.

Specific Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l) FS. Law Implemented 120.53(1), 413.011(1) FS., 34 C.F.R., Part 361.47. History — New 2-13-84, Formerly 6A-18.36, 6A-18.036.

38K-1.037 — The Individualized Plan for 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 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;

(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 deem reasonable and necessary to reach the vocational goal;

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

(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;

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

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

Specific Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l) FS. Law Implemented 120.53(1), 413.011(1) FS. History — New 2-13-84, Formerly 6A-18.37, 6A-18.037.

38K-1.038 — Standards and Fees for Vocational Rehabilitation Services.

Specific Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1) FS. Law Implemented 120.53(1), 413.011(1) FS., 34 C.F.R., Parts 361.42, 361.45, 361.46. History — New 2-13-84, Formerly 6A-18.38, 6A-18.038, Repealed 4-8-96.

38K-1.039 — Determination That a Client Has Been Rehabilitated.A client shall be deemed to be rehabilitated, after an appropriate stabilization period, when a vocational rehabilitation goal suitable to the individual's physical and mental abilities and limitations and other personal circumstances has been achieved.

Specific Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l) FS. Law Implemented 120.53(1), 413.011(1) FS. History — New 2-13-84, Formerly 6A-18.39, 6A-18.039.

PART IV REHABILITATION CENTER FOR THE BLIND

38K-1.050 — Transportation.

Specific Authority 120.53(1)(a), 413.011 FS. Law Implemented 120.53(1)(a), 413.011, 413.032 FS., 34 C.F.R., Part 361. History — New 11-5-85, Formerly 6A-18.50, 6A-18.050, Repealed 4-8-96.

38K-1.051 — Exit Review Panel.Specific Authority 120.53(1)(a), 229.053(1), 413.011 FS. Law Implemented 120.53(1)(a), 413.011, 413.032 FS., 34 C.F.R., Part 361. History — New 11-5-85, Formerly 6A-18.51, 6A-18.051, Repealed 4-8-96.

PART V MEDICAL AND SOCIAL SERVICES PROGRAM

38K-1.062 — Definitions.Specific Authority 20.05(1), 20.15(1)(a), 120.53(1), 229.053(1) FS. Law Implemented 413.011, 413.012, 413.032 FS. History — New 6-2-85, Formerly 6A-18.62, 6A-18.062, Repealed 4-8-96.

38K-1.063 — Description of Services Provided by the Medical and Social Services Program.

Specific Authority 20.05(1), 20.15(1)(a), 120.53(1), 229.053(1) FS. Law Implemented 413.011 FS. History — New 6-2-85, Formerly 6A-18.63, 6A-18.063, Repealed 4-8-96.

38K-1.064 — Referrals and Applicants to the Medical and Social Services Program.

Specific Authority 20.05(1), 120.53(1), 229.053(1) FS. Law Implemented 413.011 FS. History — New 6-2-85, Formerly 6A-18.64, Amended 7-5-88, Formerly 6A-18.064, Repealed 4-8-96.

38K-1.065 — Eligibility Determination for the Medical and Social Services Program.

Specific Authority 20.05(1), 20.15(1)(a), 120.53(1), 229.053(1) FS. Law Implemented 413.011, 413.021, 413.032 FS. History — New 6-2-85, Formerly 6A-18.65, 6A-18.065, Repealed 4-8-96.

38K-1.066 — Economic Need Policies of the Medical and Social Services Program.Specific Authority 20.05(1), 20.15(1)(a), 120.53(1), 229.053(1) FS. Law Implemented 413.011, 413.032 FS. History — New 6-2-85, Formerly 6A-18.66, 6A-18.066, Repealed 4-8-96.

38K-1.067 — The Individualized Plan for Medical and Social Rehabilitation.Specific Authority 20.05(1), 20.15(1)(a), 120.53(1), 229.053(1) FS. Law Implemented 413.011, 413.032 FS. History — New 6-2-85, Formerly 6A-18.67, 6A-18.067, Repealed 4-8-96.

38K-1.068 — Standards and Fees for Medical and Social Services Program.Specific Authority 20.05(1), 20.15(1)(a), 120.53(1), 229.053(1) FS. Law Implemented 413.011 FS. History — New 6-2-85, Formerly 6A-18.68, 6A-18.068, Repealed 4-8-96.

Top