PPAC Meeting 01/22/2018 Page 1 FAAST Board of Directors/Florida Assistive Technology Advisory Council Committee Meeting Minutes Committee: Public Policy and Advocacy Committee Date: December 7, 2017 Committee Mission: A Public Policy and Advocacy Committee to review federal and state legislation and agency policies and practices and to identify facilitators of and barriers to access and utilization of assistive technology services, devices, and funding sources. Committee Members: Member Present Absent Excused Karen Clay, Chairperson Jennifer Perry Breen Kathy Powell Kent Carroll Dr. Luis Perez Dr. Carole Zangari Ex Officio: Member Present Absent Excused Dr. JR Harding Karla Morris Staff Members Member Present Absent Excused Michael Daniels Matt Holloway Susan Foster Public Janeen Perry Breen State Time: 3:03 PM Agenda Items Notes Motions Action Items Welcome and Call Meeting to Order Ms. Karen Clay called the meeting to order. Roll Call and Establishment of Quorum (3 Members) Verbal Authorization to Begin Recording A quorum was present. Develop a Doodle to ascertain best meeting times for Committee Members. No member indicated an issue with recording the meeting.
Page 2 PPAC Meeting 01/22/2018 Page 2 Agenda Items Notes Motions Action Items Recognition of Conflict No member identified a of Interest conflict of interest. Additions/Adjustments to the Agenda Approval of the Agenda The agenda was approved by a consensus of committee members. Reading and approval of the minutes Ms. Jennifer Perry Breen made the motion to approve the minutes. Ms. Kent Caroll seconded the motion. The motion Staff Liaison Report on Action Items Mr. Daniels provided a comprehensive report on action items as outlined in the meetings supporting documents. passed without dissent.
PPAC Meeting 01/22/2018 Page 3 Page 3 Agenda Items Notes Motions Action Items Overview of the Last Committee Weeks FAAST State Legislative Priorities Report on Bills FAASTis Supporting FAAST National Legislative Priorities Mr. Daniels provided a comprehensive report on last Committee Week as outlined in the meetings supporting documents. Mr. Daniels provided a comprehensive report on FAAST State Legislative Priorities as outlined in the meetings supporting documents. Mr. Daniels informed the Committee the DVR Worker s Compensation bill passed its first committee. Mr. Daniels and Ms. Clay provided a comprehensive report on FAAST National Legislative Priorities as outlined in the meetings supporting documents. Ms. Kathy Powell made the motion to support the rescue device bill filed by Rep. Porter. Mr. Caroll seconded the motion. Motion passed without dissent. Obtain an Attorney General Opinion regarding state agency representatives and their fiduciary responsibilities to the organization. Provide an analysis of travel costs for a smaller Board of Directors and Advisory Council being based in the state s capital.
Page 4 PPAC Meeting 01/22/2018 Page 4 Agenda Items Notes Motions Action Items Review of state and federal barriers to assistyive trechnology services, devices, and funding. Mr. Daniels provided details and issues surrounding Closing Public Comment Adjourn There was no public comment. Ms. Perry Breen made the motion to adjourn the meeting. Ms. Kathy Powell seconded the motion. The motion passed without dissent. End Time: 3:55 PM Minutes Prepared by: Date Michael Daniels 12/07/2017 Minutes Approved Yes No Date Chair Signature
PPAC Meeting 01/22/2018 Page 5 MONTH X, 20XX Attorney General Department of Legal Affairs The Capitol PL01 Tallahassee, Florida 32399-1050 Re: Roles and Responsibilities of State Agency Representatives on the Florida Assistive Technology Advisory Council (FS 413.407) Dear General Bondi, The Florida Assistive Technology Advisory Council in conjunction with the Florida Alliance for Assistive Services and Technology, Inc. s (FAAST) Board of Directors has voted in the majority to request an Attorney General Opinion. FS 413.407 established the Assistive Technology Advisory Council. The statute goes on to state the (Council) act as the board of directors of a not-for-profit corporation created by the division (Vocational Rehabilitation). FAAST is the not-for-profit corporation. Furthermore, the membership of the council shall be compressed of five state agency representatives. One member each from the following agencies: 1. A representative of the Division of Vocational Rehabilitation. 2. A representative of the Division of Blind Services. 3. A representative of the Florida Independent Living Council. 4. A representative of Workforce Florida, Inc. 5. A representative of the Department of Education. From a legal perspective, non-for-profit boards and its members, individually, have three fundamental duties. Duty of Care, which is taking the care and exercising the judgment that any reasonable and prudent person would exhibit in the process of making informed decisions, including acting in good faith consistent with what you as a member of the board truly believe is in the best interest of the organization. The law recognizes and accepts that board members may not always be correct in their choices or decisions, but it holds them accountable for being attentive, diligent, and thoughtful in considering and acting on a policy, course of action, or other decision. Active preparation for and participation in board meetings where important decisions are to be made is an integral element of the duty of care.
PPAC Meeting 01/22/2018 Page 6 Page 2 Duty of Loyalty, which calls upon the board and its members to consider and act in good faith to advance the interests of the organization. In other words, board members will not authorize or engage in transactions except those in which the best possible outcomes or terms for the organization can be achieved. This standard constrains a board member from participating in board discussions and decisions when they as an individual have a conflict of interest (i.e., their personal interests conflict with organizational interests, or they serve multiple organizations whose interest conflict). Duty of Obedience, which requires obedience to the organization's mission, bylaws, and policies, as well as honoring the terms and conditions of other standards of appropriate behavior such as laws, rules, and regulations. Non-for- profit boards and its members often are reminded that they have a "fiduciary responsibility" to the organization and, ultimately, to the larger community within which they serve. At its core, "fiduciary responsibility" is the responsibility to treat the resources of the organization as a trust, and the responsible board will ensure that these funds are utilized in a reasonable, appropriate and legally accountable manner. Question: Do the state agency representatives have the same legal responsibilities as nonstate agency members of the Assistive Technology Advisory Council, as specified in FS 413.407? In particular, do state agency representatives have the "fiduciary responsibility?" Sincerely, Dr. JR Harding, Co-Chair Karla Morris, Co-Chair Michael Daniels, Executive Director
PPAC Meeting 01/22/2018 Page 7 FAAST Board of Directors/Florida Assistive Technology Advisory Council Committee Meeting Agenda Items Committee: Public Policy and Advocacy Committee Date and Time: Monday January 22, 2018 Agenda Item: Staff Liaison Report on Action Items Obtain an Attorney General Opinion regarding state agency representatives and their fiduciary responsibilities to the organization. Letter attached. Provide an analysis of travel costs for a smaller Board of Directors and Advisory Council being based in the state s capital. Agenda Item: FAAST State Legislative Priorities Link: https://www.faast.org/content/florida-legislation Priority First Second Status of First Status of Second FAAST is proposing a pilot project to collect, refurbish, and reassign durable medical equipment purchased by Florida Medicaid. The pilot project will serve Broward, Henry, Glades, Charlotte, Lee, and Collier counties. Last year FAAST invested $16,000 for equipment recycling services in this area. Fair Market Value (FMV) of recycled items in this area totaled $96,052 for a Return on Investment (ROI) of $6.00 for every $1 of public funds. This priority referred to the Interagency Committee to ascertain support from AHCA. I have met with AHCA and have Action Items to assess the number of Medicaid Service Providers that provide specific equipment per region. The goal is to convince AHCA to include ReUse money in their budget. Working with members of the House Hurricane Select Committee, I am proposing funding to refurbish and reuse equipment for natural disaster purposes. No formal recommendations have been issued. FAAST, along with other disability-related organization is supporting the development of a Taskforce on Special Needs and Hurricane Response and Preparedness. FAAST will be supplying AHCA with program descriptions of partnerships of AT programs and Medicaid in other states. AHCA will be supplying FAAST with statistics on Medicaid vendors providing the following: Manual Wheelchair, Power Wheelchairs, Specialty Seating Systems, Rollators, Shower Chairs, Scooter, and Speech Generating Devices. Scheduling meeting with Reps. Burgess, Byrd, and Shaw. They are the members assigned the task of developing policies. Scheduling meetings have been postpone due to internal office issues at FAAST that has required the attention of the Executive Director.
PPAC Meeting 01/22/2018 Page 8 Priority Status A procedural correction to Florida Statute (FS) 413.407. This statute mandates the Florida AT Advisory Council serves as the Board of Directors for FAAST. Florida is the only state AT program in the nation with this directive. This statute also specifies five state agencies to serve on the Advisory Council. These members often have to recuse themselves from matters related to budget, public policy, and advocacy issues relating to the funding of AT. Removing this requirement would eliminate the problem. Also, 413.407 states a maximum board census of 27. National averages for nonprofit Board of Directors range from seven to nine members. Committee Bill Sen. Galvano provided permission to file as a Committee Bill in the Senate. Rep. Ahern reviewed the bill and requested Rep. Bileca review it. Rep. Bileca is a very detail-oriented legislator. Upon this request, I immediately sought advice from DVR and lobbyists friendly to FAAST. DVR, at the request of Lucy Mohs, will provide a legal opinion on the conflict of interests for state agency representatives on the Advisory Council and Board. I was advised to submit the same request to the Attorney General for an Attorney General Opinion. Lucy and others feel this will be the first question Rep. Bileca will ask. Priority: Status For the last two legislative sessions, FAAST has advocated for legislation that will allow students with disabilities to earn high school language credit for successful completion of a course(s) in a computer coding language. A bill passed last session allowing computer coding classes to count as requirements for graduation in math and science. Support HB 133 filed by Rep. Porter. Support SB 180 filed by Sen. Brandes HB 133 withdrawn before introduction to the PreK-12 Quality Subcommittee at the request of Committee Chair Raburn. This committee has members that opposed the bill last session. SB 180 has been assigned to Education and Rules. This is the same path the bill was assigned last session. Prognosis With the House Bill withdrawn and Rep. Porter having another disability-related bill, it appears her emphasis could be on HB 591. SB 180 has changed. It is now a bonus program for teachers that have students succeed in computer coding classes.
PPAC Meeting 01/22/2018 Page 9 Priority Status As with each session, FAAST will be looking to increase it general revenue funding to support services provided in its Regional Demonstration and ReUse Centers. Work the priority to increase funding for ReUse Centers. Create a grassroots movement in Southwest Florida so that our customers advocate for funds for an additional RDC. This is a very tricky strategy because the legislator is not funding reoccurring projects. Meaning funding would only be for one-year. Organizations could be hesitant to partner with FAAST for just one guaranteed year of funding. Continue working on increasing funding for ReUse Centers. Begin development of the grassroots movement. Work with the DD Council and ARC of Florida to ascertain people attending DD Awareness Day so that we meet with them and discuss this idea before their legislative visits. Agenda Item: Report on Bill FAAST is Supporting Missing persons with special needs SB 1156 Agenda Education Committee 01/22 HB 591 In PreK-12 Employment Services for Persons with Disabilities SB 648 Now in Appropriations HB 1437 - Oversight, Transparency & Administration Subcommittee Agenda Item: Possible Bills to support HB 729/SB 1026 - Text-to-911 Service: Requires counties to develop a specified plan for implementing a text-to-911 system and have a system to receive 911 text messages by a specified date.
PPAC Meeting 01/22/2018 Page 10 Agenda Item: FAAST National Legislative Priorities Link: https://www.faast.org/node/1820 All healthcare bills are not moving and in all likelihood are dead. Priority S. 910: Disability Integration Act of 2017 H.R. 2472: Disability Integration Act of 2017 Work to get as many members of Florida s Congressional Delegation to Co-Sponsor Status Not moving in the Senate and it is not expected to move at any time shortly. Senate sponsor is the Minority Leader, and his priority is on the tax bill. House: One member has signed as a Co-Sponsor, Rep. Soto. Same status as the Senate, not moving because the priority is on the tax bill. Prognosis Provided by Skopos Labs S. 910: Disability Integration Act of 2017-2% for passage H.R. 2472: Disability Integration Act of 2017-2% for passage Priority All bills related to the ABLE to Work Act of 2017 Status Senate: Finance Committee House: Ways and Means Not moving because the priority is on the tax bill. Prognosis Provided by Skopos Labs 1% for passage Will increase as we near the end of the 115 th Congressional Session. Priority Status S. 48: Hearing Aid Assistance Tax Credit Act No House companion Finance Committee Not moving because the priority is on the tax bill and sponsor is not actively working bill due to his priority on veterans issues. Prognosis Provided by Skopos Labs 2% for passage Will increase as we near the end of the 115 th Congressional Session. Agenda Item: Review federal and state to identify barriers to assistive technology services, devices, and funding.
PPAC Meeting 01/22/2018 Page 11 State Barriers: There appears to be a gap in early intervention services. Early Steps eligibility for services is 0 to 36 months. Pre-K begins at four years old. What services are provided to children identified between 36 and 48 months? On Agenda for the Interagency Committee Meeting. Federal Barriers: The Government Shutdown