Florida Senate - 2015                             CS for SB 1246
       
       
        
       By the Committee on Commerce and Tourism; and Senator Detert
       
       
       
       
       
       577-02088-15                                          20151246c1
    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 the
    6         term “individuals who have a disability”; establishing
    7         criteria for a business entity to be designated as a
    8         Florida Unique Abilities Partner; requiring a business
    9         entity to certify that it continues to meet the
   10         established criteria for designation each year;
   11         requiring the department to remove the designation if
   12         a business entity does not submit yearly certification
   13         of continued eligibility; authorizing a business
   14         entity to discontinue its use of the designation;
   15         requiring the department, in consultation with the
   16         disability community, to develop a logo for business
   17         entities designated as Florida Unique Abilities
   18         Program Partners; requiring the department to adopt
   19         guidelines and requirements for use of the logo;
   20         authorizing the department to allow a designated
   21         business entity to display a logo; prohibiting the use
   22         of a logo if a business entity does not have a current
   23         designation; requiring the department to maintain a
   24         website with specified information; requiring the
   25         Agency for Persons with Disabilities to provide a link
   26         on its website to the department’s website for the
   27         Florida Unique Abilities Partner program; requiring
   28         the department to provide the Florida Tourism Industry
   29         Marketing Corporation with certain information;
   30         requiring the department to identify employment
   31         opportunities posted by employers that receive the
   32         Florida Unique Abilities Partner designation on the
   33         workforce information system; requiring the department
   34         to provide a specified report to the Legislature by a
   35         specified date; requiring the department to adopt
   36         rules; providing an effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. (1) The Department of Economic Opportunity shall
   41  establish the Florida Unique Abilities Partner program to
   42  designate a business entity as a Florida Unique Abilities
   43  Partner if the business entity demonstrates commitment, through
   44  employment and support, to the independence of individuals who
   45  have a disability. The department shall consult with the Agency
   46  for Persons with Disabilities, the Division of Vocational
   47  Rehabilitation of the Department of Education, the Division of
   48  Blind Services of the Department of Education, and CareerSource
   49  Florida in creating the program. As used in this section, the
   50  term “individuals who have a disability” means persons who have
   51  a physical or intellectual impairment that substantially limits
   52  one or more major life activities; persons who have a history or
   53  record of such an impairment; or persons who are perceived by
   54  others as having such an impairment.
   55         (2) A business entity may apply to the Department of
   56  Economic Opportunity to be designated as a Florida Unique
   57  Abilities Partner, based on the business entity’s achievements
   58  in at least one of the following categories:
   59         (a) Employment of individuals who have a disability.
   60         (b) Contributions to local or national disability
   61  organizations or the establishment of a program that contributes
   62  to the independence of individuals who have a disability.
   63         (3) As an alternative to application by a business entity,
   64  the Department of Economic Opportunity must consider nominations
   65  from members of the community in which the business entity is
   66  located. The nomination must identify the business entity’s
   67  achievements in one or both of the categories as provided in
   68  subsection (2).
   69         (4) The Department of Economic Opportunity shall adopt
   70  procedures for the application and designation processes for the
   71  Florida Unique Abilities Partner program. Designation as a
   72  Florida Unique Abilities Partner does not establish or involve
   73  licensure, does not affect the substantial interests of a party,
   74  and does not constitute a final agency action. The Florida
   75  Unique Abilities Partner program and designation are not subject
   76  to chapter 120, Florida Statutes.
   77         (5)In determining the eligibility for the designation of a
   78  business entity as a Florida Unique Abilities Partner, the
   79  Department of Economic Opportunity must consider, at a minimum,
   80  the following criteria:
   81         (a)For a designation based on an application by a
   82  business:
   83         1. A business entity must certify that it employs at least
   84  one individual who has a disability. Such employees must be
   85  residents of this state and must have been employed by the
   86  business entity for at least 9 months before the business
   87  entity’s application for the designation. The department may not
   88  require the employer to provide personally identifiable
   89  information about its employees; or
   90         2.A business entity must certify that it has made
   91  contributions to local and national disability organizations or
   92  contributions in support of individuals who have a disability.
   93  Contributions may be accomplished through financial or in-kind
   94  contributions, including employee volunteer hours, or
   95  accomplished through the establishment of a program that
   96  contributes to the independence of individuals who have a
   97  disability. Contributions must be documented by providing copies
   98  of written receipts or letters of acknowledgment from recipients
   99  or donees. A business entity with 100 or fewer employees must
  100  make a financial or in-kind contribution of at least $1,000, and
  101  a business entity with more than 100 employees must make a
  102  financial or in-kind contribution of at least $5,000.
  103         (b) For a designation based upon receipt of a nomination of
  104  a business entity, the Department of Economic Opportunity shall
  105  determine whether the nominee, based on the information provided
  106  by the nominating person or entity, meets the requirements of
  107  paragraph (a). If the designee appears to meet the requirements,
  108  the Department of Economic Opportunity shall provide notice to
  109  the nominee, including the qualification criteria asserted in
  110  the nomination. The nominee shall be provided 30 days from the
  111  receipt of the notice to decline the nomination. After 30 days,
  112  if the nomination has not been declined, the business must be
  113  awarded the designation.
  114         (6) After an initial designation as a Florida Unique
  115  Abilities Partner, a business entity must certify each year that
  116  it continues to meet the criteria for the designation. If a
  117  business entity does not submit yearly certification of
  118  continued eligibility, the Department of Economic Opportunity
  119  shall remove the designation. A business entity may elect to
  120  discontinue its use of the designation at any time by notifying
  121  the department of such decision.
  122         (7) The Department of Economic Opportunity, in consultation
  123  with members of the disability community, must develop a logo
  124  that identifies a business entity that is designated as a
  125  Florida Unique Abilities Partner.
  126         (8) The Department of Economic Opportunity must adopt
  127  guidelines and requirements for use of the logo, including how
  128  the logo may be used in advertising. The department may allow a
  129  business entity to display a Florida Unique Abilities Partner
  130  logo upon designation. A business entity that has not been
  131  designated as a Florida Unique Abilities Partner or has elected
  132  to discontinue its designated status may not display the logo.
  133         (9) The Department of Economic Opportunity must maintain a
  134  website that provides the public with a list of business
  135  entities, by county, which currently have the Florida Unique
  136  Abilities Partner designation and which provides information
  137  regarding the eligibilities for the designation. At least once a
  138  year, the department must publish on its website the best ways
  139  for business entities to facilitate the inclusion of individuals
  140  who have a disability. The Agency for Persons with Disabilities
  141  must provide a link on its website to the department’s website
  142  that makes available the information on the Florida Unique
  143  Abilities Partner program and designation.
  144         (10) On a quarterly basis, the Department of Economic
  145  Opportunity must provide the Florida Tourism Industry Marketing
  146  Corporation with a current list of all businesses that are
  147  designated as Florida Unique Abilities Partners. The Florida
  148  Tourism Industry Marketing Corporation must consider the Florida
  149  Unique Abilities Partner program in the development of marketing
  150  campaigns, and specifically in any targeted marketing campaign
  151  for individuals who have a disability or their families.
  152         (11) The Department of Economic Opportunity shall identify
  153  employment opportunities posted by business entities that
  154  currently have the Florida Unique Abilities Partner designation
  155  on the workforce information system under s. 445.011, Florida
  156  Statutes.
  157         (12)By January 1, 2016, the Department of Economic
  158  Opportunity must provide a report to the President of the Senate
  159  and the Speaker of the House of Representatives on the status of
  160  the implementation of this section, including the adoption of
  161  rules, development of the logo, and development of application
  162  procedures.
  163         (13) The Department of Economic Opportunity shall adopt
  164  rules to administer this section.
  165         Section 2. This act shall take effect July 1, 2015.