1 | A bill to be entitled |
2 | An act relating to adoption benefits; creating s. |
3 | 409.1663, F.S.; providing definitions; expanding a |
4 | monetary benefit paid to employees who adopt special needs |
5 | children and children in the custody of the state to |
6 | include employees of state universities, community |
7 | colleges, and school districts; clarifying that the |
8 | availability of the monetary benefit is subject to an |
9 | appropriation; authorizing the Department of Children and |
10 | Family Services to administer the program; providing for |
11 | rules; providing for parental leave; providing for |
12 | application and eligibility procedures; providing for the |
13 | transfer of funding from the department to nonstate public |
14 | entities; providing that application for the monetary |
15 | benefit will begin with the 2008 open enrollment period |
16 | and the availability of the benefit will begin in the |
17 | 2008-2009 fiscal year; repealing ss. 110.152, 110.15201, |
18 | 215.32(2)(c)5., and 373.6065, F.S., relating to the |
19 | present program that provides a monetary benefit only to |
20 | state agency employees and employees of a water management |
21 | district and that is administered by the Department of |
22 | Management Services; transferring resources allocated to |
23 | provide adoption benefits for state employees from the |
24 | Department of Management Services to the Department of |
25 | Children and Family Services by a type two transfer; |
26 | providing an effective date. |
27 |
|
28 | Be It Enacted by the Legislature of the State of Florida: |
29 |
|
30 | Section 1. Section 409.1663, Florida Statutes, is created |
31 | to read: |
32 | 409.1663 Adoption benefits for qualifying adoptive |
33 | employees of state agencies.-- |
34 | (1) As used in this section, the term: |
35 | (a) "Department" means the Department of Children and |
36 | Family Services. |
37 | (b) "Licensed child-placing agency" has the same meaning |
38 | as in s. 39.01. |
39 | (c) "Qualifying adoptive employee" means a full-time or |
40 | part-time employee of a state agency who is paid from regular |
41 | salary appropriations or who otherwise meets the employer's |
42 | definition of a regular rather than temporary employee and who |
43 | adopts a child pursuant to chapter 63. For purposes of this |
44 | section, the term includes instructional personnel, as defined |
45 | in s. 1012.01, employed by the Florida School for the Deaf and |
46 | the Blind. |
47 | (d) "Special needs child" has the same meaning as in s. |
48 | 409.166. |
49 | (e) "State agency" means a branch, department, or agency |
50 | of state government for which the Chief Financial Officer |
51 | processes payroll requisitions, a state university or community |
52 | college as defined in s. 1000.21, a school district unit as |
53 | defined in s. 1001.30, or a water management district as defined |
54 | in s. 373.019. |
55 | (2) A qualifying adoptive employee who adopts a special |
56 | needs child shall be eligible to receive a lump-sum monetary |
57 | benefit in the amount of $10,000 per child subject to applicable |
58 | taxes. Any qualifying adoptive employee who adopts a child whose |
59 | permanent custody has been awarded to the department or to a |
60 | licensed child-placing agency, other than a special needs child, |
61 | shall be eligible to receive a lump-sum monetary benefit in the |
62 | amount of $5,000 per child subject to applicable taxes. |
63 | (a) Benefits paid to a part-time employee must be prorated |
64 | based on the employee's full-time-equivalency status at the time |
65 | of applying for the benefits. |
66 | (b) Monetary benefits are limited to one award per child |
67 | adopted regardless of the number of adoptive parents or an |
68 | employee's change of employer. |
69 | (c) The payment of a lump-sum monetary benefit for |
70 | adopting a child under this section is subject to a specific |
71 | appropriation to the department for such purpose. |
72 | (3) A qualifying adoptive employee must apply to his or |
73 | her agency head to obtain the monetary benefit provided in |
74 | subsection (2). Applications must be on forms approved by the |
75 | department and must include a certified copy of the final order |
76 | of adoption naming the applicant as the adoptive parent. |
77 | (4) This section does not affect the right of any |
78 | qualifying adoptive employee who adopts a special needs child to |
79 | receive adoption assistance under s. 409.166 or any other |
80 | statute that provides financial incentives for the adoption of |
81 | children. |
82 | (5) Parental leave for qualifying adoptive employees must |
83 | be provided in accordance with the personnel policies and |
84 | procedures of the respective state agency employer. |
85 | (6) The department shall adopt rules to administer this |
86 | section. The rules may provide for an application process such |
87 | as, but not limited to, an open enrollment period during which |
88 | qualifying adoptive parents may apply for monetary benefits |
89 | under this section. |
90 | (7) A monetary benefit paid to a qualifying adoptive |
91 | employee employed in a state agency for which the Chief |
92 | Financial Officer processes payroll requisitions shall be |
93 | disbursed by the Chief Financial Office upon submission of a |
94 | payroll requisition by the department. The Chief Financial |
95 | Officer shall transfer funds from the department to a state |
96 | university, community college, school district unit, or water |
97 | management district to enable payment to the respective |
98 | qualifying adoptive employee through the respective payroll |
99 | systems as long as funds are available for such purpose. |
100 | (8) Each state agency shall develop a uniform procedure |
101 | for informing employees about this benefit and for assisting the |
102 | department in making eligibility determinations and processing |
103 | applications. Any procedure adopted by a state agency is valid |
104 | and enforceable so long as it does not conflict with the express |
105 | terms of this section. |
106 | Section 2. Participation by employees of a state |
107 | university, community college, or school district unit as |
108 | provided in this act shall commence with the 2008 open |
109 | enrollment period for adoption benefits to be funded in the |
110 | 2008-2009 fiscal year. |
111 | Section 3. Sections 110.152, 110.15201, 215.32(2)(c)5., |
112 | and 373.6065, Florida Statutes, are repealed. |
113 | Section 4. The resources provided to the Department of |
114 | Management Services for the adoption benefits for state |
115 | employees originally enacted in section 110.152, Florida |
116 | Statutes, are transferred to the Department of Children and |
117 | Family Services by a type two transfer pursuant to section |
118 | 20.06(2), Florida Statutes. |
119 | Section 5. This act shall take effect July 1, 2007. |