Bill Text: FL S1246 | 2015 | Regular Session | Comm Sub

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Bill Title: Individuals with Disabilities

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S1246 Detail]

Download: Florida-2015-S1246-Comm_Sub.html

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       Florida Senate - 2015                      CS for CS for SB 1246
       
       
        
       By the Committees on Fiscal Policy; and Commerce and Tourism;
       and Senator Detert
       
       
       
       
       594-02925-15                                          20151246c2
    1                        A bill to be entitled                      
    2         An act relating to individuals with disabilities;
    3         requiring the Department of Economic Opportunity, in
    4         consultation with other organizations, to create the
    5         Florida Unique Abilities Partner program; defining
    6         terms; authorizing a business entity to apply to the
    7         department for designation; requiring the department
    8         to consider nominations of business entities for
    9         designation; requiring the department to adopt
   10         procedures for application, nomination, and
   11         designation processes; establishing criteria for a
   12         business entity to be designated as a Florida Unique
   13         Abilities Partner; requiring a business entity to
   14         certify that it continues to meet the established
   15         criteria for designation each year; requiring the
   16         department to remove the designation if a business
   17         entity does not submit yearly certification of
   18         continued eligibility; authorizing a business entity
   19         to discontinue its use of the designation; requiring
   20         the department, in consultation with the disability
   21         community, to develop a logo for business entities
   22         designated as Florida Unique Abilities Program
   23         Partners; requiring the department to adopt guidelines
   24         and requirements for use of the logo; authorizing the
   25         department to allow a designated business entity to
   26         display a logo; prohibiting the use of a logo if a
   27         business entity does not have a current designation;
   28         requiring the department to maintain a website with
   29         specified information; requiring the Agency for
   30         Persons with Disabilities to provide a link on its
   31         website to the department’s website for the Florida
   32         Unique Abilities Partner program; requiring the
   33         department to provide the Florida Tourism Industry
   34         Marketing Corporation with certain information;
   35         requiring the department and CareerSource Florida,
   36         Inc., to identify employment opportunities posted by
   37         employers that receive the Florida Unique Abilities
   38         Partner designation on the workforce information
   39         system; providing report requirements; requiring the
   40         department to adopt rules; providing appropriations;
   41         providing an effective date.
   42          
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Florida Unique Abilities Partner program.—
   46         (1) CREATION AND PURPOSE.—The Department of Economic
   47  Opportunity shall establish the Florida Unique Abilities Partner
   48  program to designate a business entity as a Florida Unique
   49  Abilities Partner if the business entity demonstrates
   50  commitment, through employment or support, to the independence
   51  of individuals who have a disability. The department shall
   52  consult with the Agency for Persons with Disabilities, the
   53  Division of Vocational Rehabilitation of the Department of
   54  Education, the Division of Blind Services of the Department of
   55  Education, and CareerSource Florida, Inc., in creating the
   56  program.
   57         (2) DEFINITIONS.—As used in this section, the term:
   58         (a) “Department” means the Department of Economic
   59  Opportunity.
   60         (b) “Individuals who have a disability” means persons who
   61  have a physical or intellectual impairment that substantially
   62  limits one or more major life activities; persons who have a
   63  history or record of such an impairment; or persons who are
   64  perceived by others as having such an impairment.
   65         (3) DESIGNATION.—
   66         (a) A business entity may apply to the department to be
   67  designated as a Florida Unique Abilities Partner, based on the
   68  business entity’s achievements in at least one of the following
   69  categories:
   70         1. Employment of individuals who have a disability.
   71         2. Contributions to local or national disability
   72  organizations.
   73         3. Contributions to or the establishment of a program that
   74  contributes to the independence of individuals who have a
   75  disability.
   76         (b) As an alternative to application by a business entity,
   77  the department must consider nominations from members of the
   78  community where the business entity is located. The nomination
   79  must identify the business entity’s achievements in at least one
   80  of the categories provided in paragraph (a).
   81         (c) The name, location, and contact information of the
   82  business entity must be included in the business entity’s
   83  application or nomination.
   84         (d) The department shall adopt procedures for the
   85  application, nomination, and designation processes for the
   86  Florida Unique Abilities Partner program. Designation as a
   87  Florida Unique Abilities Partner does not establish or involve
   88  licensure, does not affect the substantial interests of a party,
   89  and does not constitute a final agency action. The Florida
   90  Unique Abilities Partner program and designation are not subject
   91  to chapter 120, Florida Statutes.
   92         (4) ELIGIBILITY AND AWARD.—In determining the eligibility
   93  for the designation of a business entity as a Florida Unique
   94  Abilities Partner, the department shall consider, at a minimum,
   95  the following criteria:
   96         (a) For a designation based on an application by a
   97  business:
   98         1. A business entity must certify that it employs at least
   99  one individual who has a disability. Such employees must be
  100  residents of this state and must have been employed by the
  101  business entity for at least 9 months before the business
  102  entity’s application for the designation. The department may not
  103  require the employer to provide personally identifiable
  104  information about its employees;
  105         2. A business entity must certify that it has made
  106  contributions to local and national disability organizations or
  107  contributions in support of individuals who have a disability.
  108  Contributions may be accomplished through financial or in-kind
  109  contributions, including employee volunteer hours. Contributions
  110  must be documented by providing copies of written receipts or
  111  letters of acknowledgment from recipients or donees. A business
  112  entity with 100 or fewer employees must make a financial or in
  113  kind contribution of at least $1,000, and a business entity with
  114  more than 100 employees must make a financial or in-kind
  115  contribution of at least $5,000; or
  116         3. A business entity must certify that it has established,
  117  or has contributed to the establishment of, a program that
  118  contributes to the independence of individuals who have a
  119  disability. Contributions must be documented by providing copies
  120  of written receipts, a summary of the program, program
  121  materials, or letters of acknowledgment from program
  122  participants or volunteers. A business entity with 100 or fewer
  123  employees must make a financial or in-kind contribution of at
  124  least $1,000 in the program, and a business entity with more
  125  than 100 employees must make a financial or in-kind contribution
  126  of at least $5,000.
  127  
  128  A business entity that applies to the department to be
  129  designated as a Florida Unique Abilities Partner shall be
  130  awarded the designation upon meeting the requirements of this
  131  section.
  132         (b) For a designation based upon receipt of a nomination of
  133  a business entity:
  134         1. The department shall determine whether the nominee,
  135  based on the information provided by the nominating person or
  136  entity, meets the requirements of paragraph (a). The department
  137  may request additional information from the nominee.
  138         2. If the nominee meets the requirements, the department
  139  shall provide notice, including the qualification criteria
  140  provided in the nomination, to the nominee regarding the
  141  nominee’s eligibility to be awarded a designation as a Florida
  142  Unique Abilities Partner.
  143         3. The nominee shall be provided 30 days from the receipt
  144  of the notice to certify that the information in the notice is
  145  true and accurate and accept the nomination; or to decline the
  146  nomination. After 30 days, if the nomination has not been
  147  accepted, the department may not award the designation. If the
  148  nominee accepts the nomination, the department shall award the
  149  designation. If the nominee declines the nomination, the
  150  department may not award the designation.
  151         (5) ANNUAL CERTIFICATION.—After an initial designation as a
  152  Florida Unique Abilities Partner, a business entity must certify
  153  each year that it continues to meet the criteria for the
  154  designation. If a business entity does not submit the yearly
  155  certification of continued eligibility, the department shall
  156  remove the designation. A business entity may elect to
  157  discontinue its use of the designation at any time by notifying
  158  the department of such decision.
  159         (6) LOGO DEVELOPMENT.—
  160         (a) The department, in consultation with members of the
  161  disability community, shall develop a logo that identifies a
  162  business entity that is designated as a Florida Unique Abilities
  163  Partner.
  164         (b) The department shall adopt guidelines and requirements
  165  for use of the logo, including how the logo may be used in
  166  advertising. The department may allow a business entity to
  167  display a Florida Unique Abilities Partner logo upon
  168  designation. A business entity that has not been designated as a
  169  Florida Unique Abilities Partner or has elected to discontinue
  170  its designated status may not display the logo.
  171         (7) WEBSITE.—The department shall maintain a website for
  172  the program. At a minimum, the website must provide: a list of
  173  business entities, by county, that currently have the Florida
  174  Unique Abilities Partner designation, updated quarterly;
  175  information regarding the eligibility requirements for the
  176  designation and the method of application or nomination; and
  177  best practices for business entities to facilitate the inclusion
  178  of individuals who have a disability, updated annually. The
  179  website may provide links to the websites of organizations or
  180  other resources that will aid business entities to employ or
  181  support individuals who have a disability.
  182         (8) INTERAGENCY COLLABORATION.—
  183         (a) The Agency for Persons with Disabilities shall provide
  184  a link on its website to the department’s website for the
  185  Florida Unique Abilities Partner program.
  186         (b) On a quarterly basis, the department shall provide the
  187  Florida Tourism Industry Marketing Corporation with a current
  188  list of all businesses that are designated as Florida Unique
  189  Abilities Partners. The Florida Tourism Industry Marketing
  190  Corporation must consider the Florida Unique Abilities Partner
  191  program in the development of marketing campaigns, and
  192  specifically in any targeted marketing campaign for individuals
  193  who have a disability or their families.
  194         (c) The department and CareerSource Florida, Inc., shall
  195  identify employment opportunities posted by business entities
  196  that currently have the Florida Unique Abilities Partner
  197  designation on the workforce information system under s.
  198  445.011, Florida Statutes.
  199         (9) REPORT.—
  200         (a) By January 1, 2016, the department shall provide a
  201  report to the President of the Senate and the Speaker of the
  202  House of Representatives on the status of the implementation of
  203  this section, including the adoption of rules, development of
  204  the logo, and development of application procedures.
  205         (b) Beginning in 2016 and each year thereafter, the
  206  department’s annual report required under s. 20.60, Florida
  207  Statutes, must describe in detail the progress and use of the
  208  program. At a minimum, the report must include the following
  209  information for the most recent year: the number of applications
  210  and nominations received; the number of nominations accepted and
  211  declined; designations awarded; annual certifications; use of
  212  information provided under subsection (8); and any other
  213  information deemed necessary to evaluate the program.
  214         (10) RULES.—The department shall adopt rules to administer
  215  this section.
  216         Section 2. For the 2015-2016 fiscal year, the sums of
  217  $100,000 in recurring funds and $100,000 in nonrecurring funds
  218  from the Special Employment Security Administration Trust Fund
  219  are appropriated to the Department of Economic Opportunity for
  220  the purpose of funding the development, implementation, and
  221  administration of the Florida Unique Abilities Partner program
  222  created by this act.
  223         Section 3. This act shall take effect July 1, 2015.