Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. CS for SB 1246 Ì1195443Î119544 LEGISLATIVE ACTION Senate . House Comm: RS . 03/23/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Appropriations Subcommittee on Transportation, Tourism, and Economic Development (Detert) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 40 - 164 4 and insert: 5 Section 1. Florida Unique Abilities Partner program.— 6 (1) CREATION AND PURPOSE.—The Department of Economic 7 Opportunity shall establish the Florida Unique Abilities Partner 8 program to designate a business entity as a Florida Unique 9 Abilities Partner if the business entity demonstrates 10 commitment, through employment or support, to the independence 11 of individuals who have a disability. The department shall 12 consult with the Agency for Persons with Disabilities, the 13 Division of Vocational Rehabilitation of the Department of 14 Education, the Division of Blind Services of the Department of 15 Education, and CareerSource Florida, Inc., in creating the 16 program. 17 (2) DEFINITIONS.—As used in this section, the term: 18 (a) “Department” means the Department of Economic 19 Opportunity. 20 (b) “Individuals who have a disability” means persons who 21 have a physical or intellectual impairment that substantially 22 limits one or more major life activities; persons who have a 23 history or record of such an impairment; or persons who are 24 perceived by others as having such an impairment. 25 (3) DESIGNATION.— 26 (a) A business entity may apply to the department to be 27 designated as a Florida Unique Abilities Partner, based on the 28 business entity’s achievements in at least one of the following 29 categories: 30 1. Employment of individuals who have a disability. 31 2. Contributions to local or national disability 32 organizations. 33 3. Contributions to or the establishment of a program that 34 contributes to the independence of individuals who have a 35 disability. 36 (b) As an alternative to application by a business entity, 37 the department must consider nominations from members of the 38 community where the business entity is located. The nomination 39 must identify the business entity’s achievements in at least one 40 of the categories provided in paragraph (a). 41 (c) The name, location, and contact information of the 42 business entity must be included in the business entity’s 43 application or nomination. 44 (d) The department shall adopt procedures for the 45 application, nomination, and designation processes for the 46 Florida Unique Abilities Partner program. Designation as a 47 Florida Unique Abilities Partner does not establish or involve 48 licensure, does not affect the substantial interests of a party, 49 and does not constitute a final agency action. The Florida 50 Unique Abilities Partner program and designation are not subject 51 to chapter 120, Florida Statutes. 52 (4) ELIGIBILITY AND AWARD.—In determining the eligibility 53 for the designation of a business entity as a Florida Unique 54 Abilities Partner, the department shall consider, at a minimum, 55 the following criteria: 56 (a) For a designation based on an application by a 57 business: 58 1. A business entity must certify that it employs at least 59 one individual who has a disability. Such employees must be 60 residents of this state and must have been employed by the 61 business entity for at least 9 months before the business 62 entity’s application for the designation. The department may not 63 require the employer to provide personally identifiable 64 information about its employees; 65 2. A business entity must certify that it has made 66 contributions to local and national disability organizations or 67 contributions in support of individuals who have a disability. 68 Contributions may be accomplished through financial or in-kind 69 contributions, including employee volunteer hours. Contributions 70 must be documented by providing copies of written receipts or 71 letters of acknowledgment from recipients or donees. A business 72 entity with 100 or fewer employees must make a financial or in 73 kind contribution of at least $1,000, and a business entity with 74 more than 100 employees must make a financial or in-kind 75 contribution of at least $5,000; or 76 3. A business entity must certify that it has established, 77 or has contributed to the establishment of, a program that 78 contributes to the independence of individuals who have a 79 disability. Contributions must be documented by providing copies 80 of written receipts, a summary of the program, program 81 materials, or letters of acknowledgment from program 82 participants or volunteers. A business entity with 100 or fewer 83 employees must make a financial or in-kind contribution of at 84 least $1,000 in the program, and a business entity with more 85 than 100 employees must make a financial or in-kind contribution 86 of at least $5,000. 87 88 A business entity that applies to the department to be 89 designated as a Florida Unique Abilities Partner shall be 90 awarded the designation upon meeting the requirements of this 91 section. 92 (b) For a designation based upon receipt of a nomination of 93 a business entity: 94 1. The department shall determine whether the nominee, 95 based on the information provided by the nominating person or 96 entity, meets the requirements of paragraph (a). The department 97 may request additional information from the nominee. 98 2. If the nominee meets the requirements, the department 99 shall provide notice, including the qualification criteria 100 provided in the nomination, to the nominee regarding the 101 nominee’s eligibility to be awarded a designation as a Florida 102 Unique Abilities Partner. 103 3. The nominee shall be provided 30 days from the receipt 104 of the notice to certify that the information in the notice is 105 true and accurate and accept the nomination; or to decline the 106 nomination. After 30 days, if the nomination has not been 107 accepted, the department may not award the designation. If the 108 nominee accepts the nomination, the department shall award the 109 designation. If the nominee declines the nomination, the 110 department may not award the designation. 111 (5) ANNUAL CERTIFICATION.—After an initial designation as a 112 Florida Unique Abilities Partner, a business entity must certify 113 each year that it continues to meet the criteria for the 114 designation. If a business entity does not submit the yearly 115 certification of continued eligibility, the department shall 116 remove the designation. A business entity may elect to 117 discontinue its use of the designation at any time by notifying 118 the department of such decision. 119 (6) LOGO DEVELOPMENT.— 120 (a) The department, in consultation with members of the 121 disability community, shall develop a logo that identifies a 122 business entity that is designated as a Florida Unique Abilities 123 Partner. 124 (b) The department shall adopt guidelines and requirements 125 for use of the logo, including how the logo may be used in 126 advertising. The department may allow a business entity to 127 display a Florida Unique Abilities Partner logo upon 128 designation. A business entity that has not been designated as a 129 Florida Unique Abilities Partner or has elected to discontinue 130 its designated status may not display the logo. 131 (7) WEBSITE.—The department shall maintain a website for 132 the program. At a minimum, the website must provide: a list of 133 business entities, by county, that currently have the Florida 134 Unique Abilities Partner designation, updated quarterly; 135 information regarding the eligibility requirements for the 136 designation and the method of application or nomination; and 137 best practices for business entities to facilitate the inclusion 138 of individuals who have a disability, updated annually. The 139 website may provide links to the websites of organizations or 140 other resources that will aid business entities to employ or 141 support individuals who have a disability. 142 (8) INTERAGENCY COLLABORATION.— 143 (a) The Agency for Persons with Disabilities shall provide 144 a link on its website to the department’s website for the 145 Florida Unique Abilities Partner program. 146 (b) On a quarterly basis, the department shall provide the 147 Florida Tourism Industry Marketing Corporation with a current 148 list of all businesses that are designated as Florida Unique 149 Abilities Partners. The Florida Tourism Industry Marketing 150 Corporation must consider the Florida Unique Abilities Partner 151 program in the development of marketing campaigns, and 152 specifically in any targeted marketing campaign for individuals 153 who have a disability or their families. 154 (c) The department and CareerSource Florida, Inc., shall 155 identify employment opportunities posted by business entities 156 that currently have the Florida Unique Abilities Partner 157 designation on the workforce information system under s. 158 445.011, Florida Statutes. 159 (9) REPORT.— 160 (a) By January 1, 2016, the department shall provide a 161 report to the President of the Senate and the Speaker of the 162 House of Representatives on the status of the implementation of 163 this section, including the adoption of rules, development of 164 the logo, and development of application procedures. 165 (b) Beginning in 2016 and each year thereafter, the 166 department’s annual report required under s. 20.60, Florida 167 Statutes, must describe in detail the progress and use of the 168 program. At a minimum, the report must include the following 169 information for the most recent year: the number of applications 170 and nominations received; the number of nominations accepted and 171 declined; designations awarded; annual certifications; use of 172 information provided under subsection (8); and any other 173 information deemed necessary to evaluate the program. 174 (10) RULES.—The department shall adopt rules to administer 175 this section. 176 Section 2. For the 2015-2016 fiscal year, the sums of 177 $100,000 in recurring funds and $100,000 in nonrecurring funds 178 from the State Economic Enhancement and Development Trust Fund 179 are appropriated to the Department of Economic Opportunity for 180 the purpose of funding the development, implementation, and 181 administration of the Florida Unique Abilities Partner program 182 created by this act. 183 184 ================= T I T L E A M E N D M E N T ================ 185 And the title is amended as follows: 186 Delete lines 5 - 36 187 and insert: 188 Florida Unique Abilities Partner program; defining 189 terms; authorizing a business entity to apply to the 190 department for designation; requiring the department 191 to consider nominations of business entities for 192 designation; requiring the department to adopt 193 procedures for application and designation processes; 194 establishing criteria for a business entity to be 195 designated as a Florida Unique Abilities Partner; 196 requiring a business entity to certify that it 197 continues to meet the established criteria for 198 designation each year; requiring the department to 199 remove the designation if a business entity does not 200 submit yearly certification of continued eligibility; 201 authorizing a business entity to discontinue its use 202 of the designation; requiring the department, in 203 consultation with the disability community, to develop 204 a logo for business entities designated as Florida 205 Unique Abilities Program Partners; requiring the 206 department to adopt guidelines and requirements for 207 use of the logo; authorizing the department to allow a 208 designated business entity to display a logo; 209 prohibiting the use of a logo if a business entity 210 does not have a current designation; requiring the 211 department to maintain a website with specified 212 information; requiring the Agency for Persons with 213 Disabilities to provide a link on its website to the 214 department’s website for the Florida Unique Abilities 215 Partner program; requiring the department to provide 216 the Florida Tourism Industry Marketing Corporation 217 with certain information; requiring the department and 218 CareerSource Florida, Inc., to identify employment 219 opportunities posted by employers that receive the 220 Florida Unique Abilities Partner designation on the 221 workforce information system; providing report 222 requirements; requiring the department to adopt rules; 223 providing appropriations; providing an effective date.