Bill Text: FL S7010 | 2016 | Regular Session | Comm Sub
Bill Title: Individuals with Disabilities
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-01-15 - Laid on Table, companion bill(s) passed, see CS/HB 7003 (Ch. 2016-3), CS/CS/HB 1083 (Ch. 2016-140), HB 5003 (Ch. 2016-62), HB 5101 (Ch. 2016-65) [S7010 Detail]
Download: Florida-2016-S7010-Comm_Sub.html
Florida Senate - 2016 CS for SB 7010
By the Committees on Fiscal Policy; and Governmental Oversight
and Accountability
594-01453-16 20167010c1
1 A bill to be entitled
2 An act relating to individuals with disabilities;
3 creating s. 17.68, F.S.; providing legislative
4 findings; establishing the Financial Literacy Program
5 for Individuals with Developmental Disabilities within
6 the Department of Financial Services; requiring the
7 department to develop and implement the program in
8 consultation with specified stakeholders; providing
9 for the participation of banks, credit unions, savings
10 associations, and savings banks; requiring the program
11 to provide information, resources, outreach, and
12 education on specified issues to individuals with
13 developmental disabilities and employers in this
14 state; requiring the department to establish on its
15 website a clearinghouse for information regarding the
16 program and to publish a brochure describing the
17 program; requiring, by a specified date, qualified
18 public depositories to make copies of the department’s
19 brochure available and provide a hyperlink on their
20 websites to the department’s website for the program;
21 providing that qualified public depositories are not
22 subject to civil liability arising from the
23 distribution and contents of the brochure and the
24 program website information; amending s. 20.60, F.S.;
25 revising requirements for the Department of Economic
26 Opportunity’s annual report to conform to changes made
27 by the act; reordering and amending s. 110.107, F.S.;
28 revising definitions and defining the term “individual
29 who has a disability”; amending s. 110.112, F.S.;
30 revising the state’s equal employment opportunity
31 policy to include individuals who have a disability;
32 requiring each executive agency to annually report to
33 the Department of Management Services regarding the
34 agency’s progress in increasing employment among
35 certain underrepresented groups; revising the required
36 content of the department’s annual workforce report;
37 requiring the department to develop and implement
38 certain programs geared toward individuals who have a
39 disability; requiring the department to develop
40 training programs by a specified date; requiring each
41 executive agency to develop a plan regarding the
42 employment of individuals who have a disability by a
43 specified date; requiring the department to report to
44 the Governor and the Legislature regarding
45 implementation; requiring the department to compile
46 and post data regarding the hiring practices of
47 executive agencies regarding the employment of
48 individuals who have a disability; requiring the
49 department to assist executive agencies in identifying
50 strategies to retain employees who have a disability;
51 requiring the department to adopt certain rules;
52 specifying that the act does not create any
53 enforceable right or benefit; amending s. 280.16,
54 F.S.; requiring a qualified public depository to
55 participate in the Financial Literacy Program for
56 Individuals with Developmental Disabilities; amending
57 s. 393.063, F.S.; revising the definition of the term
58 “developmental disability” to include Down syndrome;
59 creating the “Employment First Act”; providing
60 legislative findings and intent; providing a purpose;
61 requiring specified state agencies and organizations
62 to develop and implement an interagency cooperative
63 agreement; requiring the interagency cooperative
64 agreement to provide the roles, responsibilities, and
65 objectives of state agencies and organizations;
66 requiring the Department of Economic Opportunity, in
67 consultation with other entities, to create the
68 Florida Unique Abilities Partner Program; defining
69 terms; authorizing a business entity to apply to the
70 department for designation; requiring the department
71 to consider nominations of business entities for
72 designation; requiring the department to adopt
73 procedures for application, nomination, and
74 designation processes; establishing criteria for a
75 business entity to be designated as a Florida Unique
76 Abilities Partner; requiring a business entity to
77 certify that it continues to meet the established
78 criteria for designation each year; requiring the
79 department to remove the designation if a business
80 entity does not submit yearly certification of
81 continued eligibility; authorizing a business entity
82 to discontinue its designated status; requiring the
83 department, in consultation with the disability
84 community, to develop a logo for business entities
85 designated as Florida Unique Abilities Partners;
86 requiring the department to adopt guidelines and
87 requirements for the use of the logo; authorizing the
88 department to allow a designated business entity to
89 display a logo; prohibiting the use of a logo if a
90 business entity does not have a current designation;
91 requiring the department to maintain a website with
92 specified information; requiring the Agency for
93 Persons with Disabilities to provide a link on its
94 website to the department’s website for the program;
95 requiring the department to provide the Florida
96 Tourism Industry Marketing Corporation with certain
97 information; requiring the department and CareerSource
98 Florida, Inc., to identify employment opportunities
99 posted by business entities that receive the Florida
100 Unique Abilities Partner designation on the workforce
101 information system; requiring a report to the
102 Legislature; providing report requirements; requiring
103 the department to adopt rules; providing
104 appropriations; providing effective dates.
105
106 Be It Enacted by the Legislature of the State of Florida:
107
108 Section 1. Section 17.68, Florida Statutes, is created to
109 read:
110 17.68 Financial Literacy Program for Individuals with
111 Developmental Disabilities.—
112 (1) The Legislature finds that the state has a compelling
113 interest in promoting the economic independence and successful
114 employment of individuals with developmental disabilities as
115 defined in s. 393.063. In comparison with the general
116 population, individuals with developmental disabilities
117 experience lower rates of educational achievement, employment,
118 and annual earnings and are more likely to live in poverty.
119 Additionally, such individuals must navigate a complex network
120 of federal and state programs in order to be eligible for
121 financial and health benefits. Thus, it is essential that these
122 individuals have sufficient financial management knowledge and
123 skills to effectively participate in benefit eligibility
124 determination processes and make informed decisions regarding
125 financial services and products provided by financial
126 institutions. Enhancing the financial literacy of such
127 individuals will provide a pathway for economic independence and
128 successful employment.
129 (2) The Financial Literacy Program for Individuals with
130 Developmental Disabilities is established within the Department
131 of Financial Services. The department, in consultation with
132 public and private stakeholders, shall develop and implement the
133 program, which must be designed to promote the economic
134 independence and successful employment of individuals with
135 developmental disabilities. Banks, credit unions, savings
136 associations, and savings banks will be key participants in the
137 development and promotion of the program, which must provide
138 information, resources, outreach, and education in the following
139 areas:
140 (a) For individuals with developmental disabilities:
141 1. Financial education, including instruction on money
142 management skills and the effective use of financial services
143 and products, to promote income preservation and asset
144 development.
145 2. Identification of available financial and health benefit
146 programs and services.
147 3. Job training programs and employment opportunities,
148 including work incentives and state and local workforce
149 development programs.
150 4. The impact of earnings and assets on eligibility for
151 federal and state financial and health benefit programs, and
152 options to manage such impact.
153 (b) For employers in this state, strategies to make program
154 information and educational materials available to their
155 employees with developmental disabilities.
156 (3) Effective October 1, 2016, the department shall:
157 (a) Establish on its website a clearinghouse for
158 information regarding the program and other resources available
159 for individuals with developmental disabilities and their
160 employers.
161 (b) Publish a brochure describing the program, which is
162 also accessible on its website.
163 (4) Within 90 days after the department establishes the
164 website clearinghouse and publishes the brochure, each bank,
165 savings association, and savings bank that is a qualified public
166 depository as defined in s. 280.02 shall:
167 (a) Make copies of the department’s brochures available,
168 upon the request of the consumer, at its principal place of
169 business and each branch office located in this state which has
170 in-person teller services by having copies of the brochure
171 available or having the capability to print a copy of the
172 brochure from the department’s website. Upon request, the
173 department shall provide copies of the brochure to a bank,
174 savings association, or savings bank.
175 (b) Provide on its website a hyperlink to the department’s
176 website clearinghouse. If the department changes the website
177 address for the clearinghouse, the bank, savings association, or
178 savings bank must update the hyperlink within 90 days after
179 notification by the department of such change.
180 (5) A participating qualified public depository is not
181 subject to civil liability arising from the distribution or
182 nondistribution of the brochure or program website information.
183 The contents of the brochure or the program website information
184 may not be attributed to a participating qualified public
185 depository by virtue of its distribution, and do not constitute
186 financial or investment advice by, nor create a fiduciary duty
187 on, the participating qualified public depository to the
188 recipient.
189 Section 2. Effective January 1, 2017, paragraph (b) of
190 subsection (10) of section 20.60, Florida Statutes, is amended
191 to read:
192 20.60 Department of Economic Opportunity; creation; powers
193 and duties.—
194 (10) The department, with assistance from Enterprise
195 Florida, Inc., shall, by November 1 of each year, submit an
196 annual report to the Governor, the President of the Senate, and
197 the Speaker of the House of Representatives on the condition of
198 the business climate and economic development in the state.
199 (b) The report must incorporate annual reports of other
200 programs, including:
201 1. The displaced homemaker program established under s.
202 446.50.
203 2. Information provided by the Department of Revenue under
204 s. 290.014.
205 3. Information provided by enterprise zone development
206 agencies under s. 290.0056 and an analysis of the activities and
207 accomplishments of each enterprise zone.
208 4. The Economic Gardening Business Loan Pilot Program
209 established under s. 288.1081 and the Economic Gardening
210 Technical Assistance Pilot Program established under s.
211 288.1082.
212 5. A detailed report of the performance of the Black
213 Business Loan Program and a cumulative summary of quarterly
214 report data required under s. 288.714.
215 6. The Rural Economic Development Initiative established
216 under s. 288.0656.
217 7. The Florida Unique Abilities Partner Program.
218 Section 3. Section 110.107, Florida Statutes, is reordered
219 and amended to read:
220 110.107 Definitions.—As used in this chapter, the term:
221 (5)(1) “Department” means the Department of Management
222 Services.
223 (28)(2) “Secretary” means the Secretary of Management
224 Services.
225 (11)(3) “Furlough” means a temporary reduction in the
226 regular hours of employment in a pay period, or temporary leave
227 without pay for one or more pay periods, with a commensurate
228 reduction in pay, which is necessitated by a projected deficit
229 in any fund that supports salary and benefit appropriations. The
230 deficit must be projected by the Revenue Estimating Conference
231 pursuant to s. 216.136(3).
232 (30)(4) “State agency” or “agency” means any official,
233 officer, commission, board, authority, council, committee, or
234 department of the executive branch or the judicial branch of
235 state government as defined in chapter 216.
236 (21)(5) “Position” means the work, consisting of duties and
237 responsibilities, assigned to be performed by an officer or
238 employee.
239 (10)(6) “Full-time position” means a position authorized
240 for the entire normally established work period, whether daily,
241 weekly, monthly, or annually.
242 (18)(7) “Part-time position” means a position authorized
243 for less than the entire normally established work period,
244 whether daily, weekly, monthly, or annually.
245 (16)(8) “Occupation” means all positions that which are
246 sufficiently similar in knowledge, skills, and abilities, and
247 the sufficiently similar as to kind or subject matter of work.
248 (17)(9) “Occupational group” means a group of occupations
249 that which are sufficiently similar in the kind of work
250 performed to warrant the use of the same performance factors in
251 determining the level of complexity for all occupations in that
252 occupational group.
253 (3)(10) “Classification plan” means a formal description of
254 the concepts, rules, job family definitions, occupational group
255 characteristics, and occupational profiles used in the
256 classification of positions.
257 (20)(11) “Pay plan” means a formal description of the
258 philosophy, methods, procedures, and salary schedules for
259 competitively compensating employees at market-based rates for
260 work performed.
261 (27)(12) “Salary schedule” means an official document that
262 which contains a complete list of occupation titles, broadband
263 level codes, and pay bands.
264 (1)(13) “Authorized position” means a position included in
265 an approved budget. In counting the number of authorized
266 positions, part-time positions may be converted to full-time
267 equivalents.
268 (8)(14) “Established position” means an authorized position
269 that which has been classified in accordance with a
270 classification and pay plan as provided by law.
271 (22)(15) “Position number” means the identification number
272 assigned to an established position.
273 (26)(16) “Reclassification” means the changing of an
274 established position in one broadband level in an occupational
275 group to a higher or lower broadband level in the same
276 occupational group or to a broadband level in a different
277 occupational group.
278 (24)(17) “Promotion” means the changing of the
279 classification of an employee to a broadband level having a
280 higher maximum salary; or the changing of the classification of
281 an employee to a broadband level having the same or a lower
282 maximum salary but a higher level of responsibility.
283 (4)(18) “Demotion” means the changing of the classification
284 of an employee to a broadband level having a lower maximum
285 salary; or the changing of the classification of an employee to
286 a broadband level having the same or a higher maximum salary but
287 a lower level of responsibility.
288 (32)(19) “Transfer” means moving an employee from one
289 geographic location of the state to a different geographic
290 location more than in excess of 50 miles from the employee’s
291 current work location.
292 (25)(20) “Reassignment” means moving an employee from a
293 position in one broadband level to a different position in the
294 same broadband level or to a different broadband level having
295 the same maximum salary.
296 (6)(21) “Dismissal” means a disciplinary action taken by an
297 agency pursuant to s. 110.227 against an employee which results
298 resulting in the termination of his or her employment.
299 (31)(22) “Suspension” means a disciplinary action taken by
300 an agency pursuant to s. 110.227 against an employee which to
301 temporarily relieves relieve the employee of his or her duties
302 and places place him or her on leave without pay.
303 (15)(23) “Layoff” means termination of employment due to a
304 shortage of funds or work, or a material change in the duties or
305 organization of an agency, including the outsourcing or
306 privatization of an activity or function previously performed by
307 career service employees.
308 (7)(24) “Employing agency” means any agency authorized to
309 employ personnel to carry out the responsibilities of the agency
310 under the provisions of chapter 20 or other law statutory
311 authority.
312 (29)(25) “Shared employment” means part-time career
313 employment in which whereby the duties and responsibilities of a
314 full-time position in the career service are divided among part
315 time employees who are eligible for the position and who receive
316 career service benefits and wages pro rata. The term does not In
317 no case shall “shared employment” include the employment of
318 persons paid from other-personal-services funds.
319 (9)(26) “Firefighter” means a firefighter certified under
320 chapter 633.
321 (14)(27) “Law enforcement or correctional officer” means a
322 law enforcement officer, special agent, correctional officer,
323 correctional probation officer, or institutional security
324 specialist required to be certified under chapter 943.
325 (23)(28) “Professional health care provider” means
326 registered nurses, physician’s assistants, dentists,
327 psychologists, nutritionists or dietitians, pharmacists,
328 psychological specialists, physical therapists, and speech and
329 hearing therapists.
330 (13)(29) “Job family” means a defined grouping of one or
331 more occupational groups.
332 (19)(30) “Pay band” means the minimum salary, the maximum
333 salary, and intermediate rates that which are payable for work
334 in a specific broadband level.
335 (2)(31) “Broadband level” means all positions that which
336 are sufficiently similar in knowledge, skills, and abilities;
337 the, and sufficiently similar as to kind or subject matter of
338 work; the, level of difficulty or the level of responsibility;
339 responsibilities, and the qualification requirements of the work
340 so as to warrant the same treatment with respect as to title,
341 pay band, and other personnel transactions.
342 (12) “Individual who has a disability” means a person who
343 has a physical or intellectual impairment that substantially
344 limits one or more major life activities; a person who has a
345 history or record of such an impairment; or a person who is
346 perceived by others as having such an impairment.
347 Section 4. Subsections (1) and (2) of section 110.112,
348 Florida Statutes, are amended, present subsections (3) through
349 (6) of that section are redesignated as subsections (4) through
350 (7), respectively, and a new subsection (3) is added to that
351 section, to read:
352 110.112 Affirmative action; equal employment opportunity.—
353 (1) It is shall be the policy of this the state to assist
354 in providing the assurance of equal employment opportunity
355 through programs of affirmative and positive action that will
356 allow full utilization of women, and minorities, and individuals
357 who have a disability.
358 (2)(a) The head of each executive agency shall develop and
359 implement an affirmative action plan in accordance with rules
360 adopted by the department and approved by a majority vote of the
361 Administration Commission before their adoption.
362 (b) Each executive agency shall establish annual goals for
363 ensuring full utilization of groups underrepresented in the
364 agency’s its workforce, including women, minorities, and
365 individuals who have a disability, as compared to the relevant
366 labor market, as defined by the agency. Each executive agency
367 shall design its affirmative action plan to meet its established
368 goals.
369 (c) Each executive agency shall annually report to the
370 department regarding the agency’s progress toward increasing
371 employment among women, minorities, and individuals who have a
372 disability.
373 (d)(c) An affirmative action-equal employment opportunity
374 officer shall be appointed by the head of each executive agency.
375 The affirmative action-equal employment opportunity officer’s
376 responsibilities must include determining annual goals,
377 monitoring agency compliance, and providing consultation to
378 managers regarding progress, deficiencies, and appropriate
379 corrective action.
380 (e)(d) The department shall report information in its
381 annual workforce report relating to the implementation,
382 continuance, updating, and results of each executive agency’s
383 affirmative action plan for the previous fiscal year. The annual
384 workforce report must also include data for each executive
385 agency relating to employment levels among women, minorities,
386 and individuals who have a disability.
387 (f)(e) The department shall provide to all supervisory
388 personnel of the executive agencies training in the principles
389 of equal employment opportunity and affirmative action, the
390 development and implementation of affirmative action plans, and
391 the establishment of annual affirmative action goals. The
392 department may contract for training services, and each
393 participating agency shall reimburse the department for costs
394 incurred through such contract. After the department approves
395 the contents of the training program for the agencies, the
396 department may delegate this training to the executive agencies.
397 (3)(a) The department, in consultation with the Agency for
398 Persons with Disabilities, the Division of Vocational
399 Rehabilitation and the Division of Blind Services of the
400 Department of Education, the Department of Economic Opportunity,
401 and the Executive Office of the Governor, shall develop and
402 implement programs that incorporate internships, mentoring, on
403 the-job training, unpaid work experience, situational
404 assessments, and other innovative strategies that are
405 specifically geared toward individuals who have a disability.
406 (b) By January 1, 2017, the department shall develop
407 mandatory training programs for human resources personnel and
408 hiring managers of executive agencies which support the
409 employment of individuals who have a disability.
410 (c)1. By January 1, 2017, each executive agency shall
411 develop an agency-specific plan that addresses how to promote
412 employment opportunities for individuals who have a disability.
413 2. The department shall assist executive agencies in the
414 implementation of agency-specific plans. The department shall
415 regularly report to the Governor, the President of the Senate,
416 and the Speaker of the House of Representatives the progress of
417 executive agencies in implementing these plans. Such reports
418 shall be made at least biannually.
419 (d) The department shall compile data regarding the hiring
420 practices of executive agencies with regard to individuals who
421 have a disability and make such data available on its website.
422 (e) The department shall assist executive agencies in
423 identifying and implementing strategies for retaining employees
424 who have a disability which include, but are not limited to,
425 training programs, funding reasonable accommodations, increasing
426 access to appropriate technologies, and ensuring accessibility
427 of physical and virtual workplaces.
428 (f) The department shall adopt rules relating to forms that
429 provide for the voluntary self-identification of individuals who
430 have a disability who are employed by an executive agency.
431 (g) This subsection does not create any substantive or
432 procedural right or benefit enforceable at law or in equity
433 against the state or a state agency, or an officer, employee, or
434 agent thereof.
435 Section 5. Paragraph (e) is added to subsection (1) of
436 section 280.16, Florida Statutes, to read:
437 280.16 Requirements of qualified public depositories;
438 confidentiality.—
439 (1) In addition to any other requirements specified in this
440 chapter, qualified public depositories shall:
441 (e) Participate in the Financial Literacy Program for
442 Individuals with Developmental Disabilities as required under s.
443 17.68.
444 Section 6. Subsection (9) of section 393.063, Florida
445 Statutes, is amended to read:
446 393.063 Definitions.—For the purposes of this chapter, the
447 term:
448 (9) “Developmental disability” means a disorder or syndrome
449 that is attributable to intellectual disability, cerebral palsy,
450 autism, Down syndrome, spina bifida, or Prader-Willi syndrome;
451 that manifests before the age of 18; and that constitutes a
452 substantial handicap that can reasonably be expected to continue
453 indefinitely.
454 Section 7. Employment First Act.—
455 (1) SHORT TITLE.—This section may be cited as the
456 “Employment First Act.”
457 (2) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
458 that employment is the most direct and cost-effective means to
459 assist an individual in achieving independence and fulfillment;
460 however, individuals with disabilities are confronted by unique
461 barriers to employment which inhibit their opportunities to
462 compete fairly in the labor force. It is the intent of the
463 Legislature to provide a framework for a long-term commitment to
464 improving employment outcomes for individuals with disabilities
465 in this state through the implementation of this act.
466 (3) PURPOSE.—The purpose of this act is to prioritize
467 employment of individuals with disabilities and to change the
468 employment system to better integrate individuals with
469 disabilities into the workforce. This act encourages a
470 collaborative effort between state agencies and organizations to
471 achieve better employment outcomes for individuals with
472 disabilities.
473 (4) INTERAGENCY COOPERATIVE AGREEMENT.—The following state
474 agencies and organizations, and others, as appropriate, shall
475 develop an interagency cooperative agreement to implement this
476 act:
477 (a) The Division of Vocational Rehabilitation of the
478 Department of Education.
479 (b) The Division of Blind Services of the Department of
480 Education.
481 (c) The Bureau of Exceptional Education and Student
482 Services of the Department of Education.
483 (d) The Agency for Persons with Disabilities.
484 (e) The Substance Abuse and Mental Health Program of the
485 Department of Children and Families.
486 (f) The Department of Economic Opportunity.
487 (g) CareerSource Florida, Inc.
488 (h) The Florida Developmental Disabilities Council.
489 (i) The Florida Association of Rehabilitation Facilities.
490 (j) Other appropriate organizations.
491 (5) ROLES, RESPONSIBILITIES, AND OBJECTIVES.—The
492 interagency cooperative agreement must identify the roles and
493 responsibilities of the state agencies and organizations
494 identified in subsection (4) and the objectives of the
495 interagency cooperative agreement, which must include all of the
496 following:
497 (a) Establishing a commitment by leadership of the state
498 agencies and organizations to maximize resources and
499 coordination to improve employment outcomes for individuals with
500 disabilities who seek publicly funded services.
501 (b) Developing strategic goals and benchmarks to assist the
502 state agencies and organizations in the implementation of this
503 agreement.
504 (c) Identifying financing and contracting methods that will
505 help to prioritize employment for individuals with disabilities
506 by state agencies and organizations.
507 (d) Establishing training methods to better integrate
508 individuals with disabilities into the workforce.
509 (e) Ensuring collaborative efforts between multiple
510 agencies to achieve the purposes of this act.
511 (f) Promoting service innovations to better assist
512 individuals with disabilities in the workplace.
513 (g) Identifying accountability measures to ensure the
514 sustainability of this agreement.
515 Section 8. Florida Unique Abilities Partner Program.—
516 (1) CREATION AND PURPOSE.—The Department of Economic
517 Opportunity shall establish the Florida Unique Abilities Partner
518 Program to designate a business entity as a Florida Unique
519 Abilities Partner if the business entity demonstrates
520 commitment, through employment or support, to the independence
521 of individuals who have a disability. The department shall
522 consult with the Agency for Persons with Disabilities, the
523 Division of Vocational Rehabilitation of the Department of
524 Education, the Division of Blind Services of the Department of
525 Education, and CareerSource Florida, Inc., in creating the
526 program.
527 (2) DEFINITIONS.—As used in this section, the term:
528 (a) “Department” means the Department of Economic
529 Opportunity.
530 (b) “Individuals who have a disability” means persons who
531 have a physical or intellectual impairment that substantially
532 limits one or more major life activities, persons who have a
533 history or record of such an impairment, or persons who are
534 perceived by others as having such an impairment.
535 (3) DESIGNATION.—
536 (a) A business entity may apply to the department to be
537 designated as a Florida Unique Abilities Partner, based on the
538 business entity’s achievements in at least one of the following
539 categories:
540 1. Employment of individuals who have a disability.
541 2. Contributions to local or national disability
542 organizations.
543 3. Contributions to, or the establishment of, a program
544 that contributes to the independence of individuals who have a
545 disability.
546 (b) As an alternative to application by a business entity,
547 the department must consider nominations from members of the
548 community where the business entity is located. The nomination
549 must identify the business entity’s achievements in at least one
550 of the categories provided in paragraph (a).
551 (c) The name, location, and contact information of the
552 business entity must be included in the business entity’s
553 application or nomination.
554 (d) The department shall adopt procedures for the
555 application, nomination, and designation processes for the
556 Florida Unique Abilities Partner Program. Designation as a
557 Florida Unique Abilities Partner does not establish or involve
558 licensure, does not affect the substantial interests of a party,
559 and does not constitute a final agency action. The Florida
560 Unique Abilities Partner Program and designation are not subject
561 to chapter 120, Florida Statutes.
562 (4) ELIGIBILITY AND AWARD.—In determining the eligibility
563 for the designation of a business entity as a Florida Unique
564 Abilities Partner, the department shall consider, at a minimum,
565 the following criteria:
566 (a) For a designation based on an application by a business
567 entity, the business entity must certify that:
568 1. It employs at least one individual who has a disability.
569 Such employees must be residents of this state and must have
570 been employed by the business entity for at least 9 months
571 before the business entity’s application for the designation.
572 The department may not require the employer to provide
573 personally identifiable information about its employees;
574 2. It has made contributions to local and national
575 disability organizations or contributions in support of
576 individuals who have a disability. Contributions may be
577 accomplished through financial or in-kind contributions,
578 including employee volunteer hours. Contributions must be
579 documented by providing copies of written receipts or letters of
580 acknowledgment from recipients or donees. A business entity with
581 100 or fewer employees must make a financial or in-kind
582 contribution of at least $1,000, and a business entity with more
583 than 100 employees must make a financial or in-kind contribution
584 of at least $5,000; or
585 3. It has established, or has contributed to the
586 establishment of, a program that contributes to the independence
587 of individuals who have a disability. Contributions must be
588 documented by providing copies of written receipts, a summary of
589 the program, program materials, or letters of acknowledgment
590 from program participants or volunteers. A business entity with
591 100 or fewer employees must make a financial or in-kind
592 contribution of at least $1,000 in the program, and a business
593 entity with more than 100 employees must make a financial or in
594 kind contribution of at least $5,000.
595
596 A business entity that applies to the department to be
597 designated as a Florida Unique Abilities Partner shall be
598 awarded the designation upon meeting the requirements of this
599 section.
600 (b) For a designation based upon receipt of a nomination of
601 a business entity:
602 1. The department shall determine whether the nominee,
603 based on the information provided by the nominating person or
604 entity, meets the requirements of paragraph (a). The department
605 may request additional information from the nominee.
606 2. If the nominee meets the requirements, the department
607 shall provide notice, including the qualification criteria
608 provided in the nomination, to the nominee regarding the
609 nominee’s eligibility to be awarded a designation as a Florida
610 Unique Abilities Partner.
611 3. The nominee shall be provided 30 days after receipt of
612 the notice to certify that the information in the notice is true
613 and accurate and accept the nomination, to provide corrected
614 information for consideration by the department and indicate an
615 intention to accept the nomination, or to decline the
616 nomination. If the nominee accepts the nomination, the
617 department shall award the designation. The department may not
618 award the designation if the nominee declines the nomination or
619 has not accepted the nomination within 30 days of receiving
620 notice.
621 (5) ANNUAL CERTIFICATION.—After an initial designation as a
622 Florida Unique Abilities Partner, a business entity must certify
623 each year that it continues to meet the criteria for the
624 designation. If the business entity does not submit the yearly
625 certification of continued eligibility, the department shall
626 remove the designation. The business entity may elect to
627 discontinue its designation status at any time by notifying the
628 department of such decision.
629 (6) LOGO DEVELOPMENT.—
630 (a) The department, in consultation with members of the
631 disability community, shall develop a logo that identifies a
632 business entity that is designated as a Florida Unique Abilities
633 Partner.
634 (b) The department shall adopt guidelines and requirements
635 for the use of the logo, including how the logo may be used in
636 advertising. The department may allow a business entity to
637 display a Florida Unique Abilities Partner logo upon
638 designation. A business entity that has not been designated as a
639 Florida Unique Abilities Partner or has elected to discontinue
640 its designated status may not display the logo.
641 (7) WEBSITE.—The department shall maintain a website for
642 the program. At a minimum, the website must provide a list of
643 business entities, by county, which currently have the Florida
644 Unique Abilities Partner designation, updated quarterly;
645 information regarding the eligibility requirements for the
646 designation and the method of application or nomination; and
647 best practices for business entities to facilitate the inclusion
648 of individuals who have a disability, updated annually. The
649 website may provide links to the websites of organizations or
650 other resources that will aid business entities to employ or
651 support individuals who have a disability.
652 (8) INTERAGENCY COLLABORATION.—
653 (a) The Agency for Persons with Disabilities shall provide
654 a link on its website to the department’s website for the
655 Florida Unique Abilities Partner Program.
656 (b) On a quarterly basis, the department shall provide the
657 Florida Tourism Industry Marketing Corporation with a current
658 list of all businesses that are designated as Florida Unique
659 Abilities Partners. The Florida Tourism Industry Marketing
660 Corporation must consider the Florida Unique Abilities Partner
661 Program in the development of marketing campaigns, and
662 specifically in any targeted marketing campaign for individuals
663 who have a disability or their families.
664 (c) The department and CareerSource Florida, Inc., shall
665 identify employment opportunities posted by business entities
666 that currently have the Florida Unique Abilities Partner
667 designation on the workforce information system under s.
668 445.011, Florida Statutes.
669 (9) REPORT.—
670 (a) By January 1, 2017, the department shall provide a
671 report to the President of the Senate and the Speaker of the
672 House of Representatives on the status of the implementation of
673 this section, including the adoption of rules, development of
674 the logo, and development of application procedures.
675 (b) Beginning in 2017 and each year thereafter, the
676 department’s annual report required under s. 20.60, Florida
677 Statutes, must describe in detail the progress and use of the
678 program. At a minimum, the report must include, for the most
679 recent year: the number of applications and nominations
680 received; the number of nominations accepted and declined; the
681 number of designations awarded; annual certifications; the use
682 of information provided under subsection (8); and any other
683 information deemed necessary to evaluate the program.
684 (10) RULES.—The department shall adopt rules to administer
685 this section.
686 Section 9. For the 2016-2017 fiscal year, the sum of
687 $69,570 in recurring funds from the Insurance Regulatory Trust
688 Fund is appropriated to the Consumer Assistance Program within
689 the Department of Financial Services for the purpose of
690 implementing the Financial Literacy Program for Individuals with
691 Developmental Disabilities created by this act.
692 Section 10. For the 2016-2017 fiscal year, the following
693 sums are appropriated for the purpose of implementing the
694 amendments made by this act to s. 110.112, Florida Statutes,
695 relating to the employment of individuals who have a disability:
696 (1) The sums of $138,692 in recurring funds and $26,264 in
697 nonrecurring funds are appropriated from the State Personnel
698 System Trust Fund to the Department of Management Services, and
699 two full-time equivalent positions with associated salary rate
700 of 92,762 are authorized.
701 (2) The recurring sums of $74,234 from the General Revenue
702 Fund and $64,458 from trust funds and the nonrecurring sums of
703 $14,051 from the General Revenue Fund and $12,213 from trust
704 funds are appropriated to Administered Funds for distribution
705 among agencies for the increase in the human resource
706 assessment.
707 Section 11. For the 2016-2017 fiscal year, the sums of
708 $100,000 in recurring funds and $100,000 in nonrecurring funds
709 from the Special Employment Security Administration Trust Fund
710 are appropriated to the Department of Economic Opportunity, for
711 the purpose of funding the development, implementation, and
712 administration of the Florida Unique Abilities Partner Program
713 created by this act.
714 Section 12. Except as otherwise expressly provided in this
715 act, this act shall take effect July 1, 2016.
