Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. CS for SB 1246 Ì565830$Î565830 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/23/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Appropriations Subcommittee on Transportation, Tourism, and Economic Development (Detert) recommended the following: 1 Senate Substitute for Amendment (119544) (with title 2 amendment) 3 4 Delete lines 40 - 164 5 and insert: 6 Section 1. Florida Unique Abilities Partner program.— 7 (1) CREATION AND PURPOSE.—The Department of Economic 8 Opportunity shall establish the Florida Unique Abilities Partner 9 program to designate a business entity as a Florida Unique 10 Abilities Partner if the business entity demonstrates 11 commitment, through employment or support, to the independence 12 of individuals who have a disability. The department shall 13 consult with the Agency for Persons with Disabilities, the 14 Division of Vocational Rehabilitation of the Department of 15 Education, the Division of Blind Services of the Department of 16 Education, and CareerSource Florida, Inc., in creating the 17 program. 18 (2) DEFINITIONS.—As used in this section, the term: 19 (a) “Department” means the Department of Economic 20 Opportunity. 21 (b) “Individuals who have a disability” means persons who 22 have a physical or intellectual impairment that substantially 23 limits one or more major life activities; persons who have a 24 history or record of such an impairment; or persons who are 25 perceived by others as having such an impairment. 26 (3) DESIGNATION.— 27 (a) A business entity may apply to the department to be 28 designated as a Florida Unique Abilities Partner, based on the 29 business entity’s achievements in at least one of the following 30 categories: 31 1. Employment of individuals who have a disability. 32 2. Contributions to local or national disability 33 organizations. 34 3. Contributions to or the establishment of a program that 35 contributes to the independence of individuals who have a 36 disability. 37 (b) As an alternative to application by a business entity, 38 the department must consider nominations from members of the 39 community where the business entity is located. The nomination 40 must identify the business entity’s achievements in at least one 41 of the categories provided in paragraph (a). 42 (c) The name, location, and contact information of the 43 business entity must be included in the business entity’s 44 application or nomination. 45 (d) The department shall adopt procedures for the 46 application, nomination, and designation processes for the 47 Florida Unique Abilities Partner program. Designation as a 48 Florida Unique Abilities Partner does not establish or involve 49 licensure, does not affect the substantial interests of a party, 50 and does not constitute a final agency action. The Florida 51 Unique Abilities Partner program and designation are not subject 52 to chapter 120, Florida Statutes. 53 (4) ELIGIBILITY AND AWARD.—In determining the eligibility 54 for the designation of a business entity as a Florida Unique 55 Abilities Partner, the department shall consider, at a minimum, 56 the following criteria: 57 (a) For a designation based on an application by a 58 business: 59 1. A business entity must certify that it employs at least 60 one individual who has a disability. Such employees must be 61 residents of this state and must have been employed by the 62 business entity for at least 9 months before the business 63 entity’s application for the designation. The department may not 64 require the employer to provide personally identifiable 65 information about its employees; 66 2. A business entity must certify that it has made 67 contributions to local and national disability organizations or 68 contributions in support of individuals who have a disability. 69 Contributions may be accomplished through financial or in-kind 70 contributions, including employee volunteer hours. Contributions 71 must be documented by providing copies of written receipts or 72 letters of acknowledgment from recipients or donees. A business 73 entity with 100 or fewer employees must make a financial or in 74 kind contribution of at least $1,000, and a business entity with 75 more than 100 employees must make a financial or in-kind 76 contribution of at least $5,000; or 77 3. A business entity must certify that it has established, 78 or has contributed to the establishment of, a program that 79 contributes to the independence of individuals who have a 80 disability. Contributions must be documented by providing copies 81 of written receipts, a summary of the program, program 82 materials, or letters of acknowledgment from program 83 participants or volunteers. A business entity with 100 or fewer 84 employees must make a financial or in-kind contribution of at 85 least $1,000 in the program, and a business entity with more 86 than 100 employees must make a financial or in-kind contribution 87 of at least $5,000. 88 89 A business entity that applies to the department to be 90 designated as a Florida Unique Abilities Partner shall be 91 awarded the designation upon meeting the requirements of this 92 section. 93 (b) For a designation based upon receipt of a nomination of 94 a business entity: 95 1. The department shall determine whether the nominee, 96 based on the information provided by the nominating person or 97 entity, meets the requirements of paragraph (a). The department 98 may request additional information from the nominee. 99 2. If the nominee meets the requirements, the department 100 shall provide notice, including the qualification criteria 101 provided in the nomination, to the nominee regarding the 102 nominee’s eligibility to be awarded a designation as a Florida 103 Unique Abilities Partner. 104 3. The nominee shall be provided 30 days from the receipt 105 of the notice to certify that the information in the notice is 106 true and accurate and accept the nomination; or to decline the 107 nomination. After 30 days, if the nomination has not been 108 accepted, the department may not award the designation. If the 109 nominee accepts the nomination, the department shall award the 110 designation. If the nominee declines the nomination, the 111 department may not award the designation. 112 (5) ANNUAL CERTIFICATION.—After an initial designation as a 113 Florida Unique Abilities Partner, a business entity must certify 114 each year that it continues to meet the criteria for the 115 designation. If a business entity does not submit the yearly 116 certification of continued eligibility, the department shall 117 remove the designation. A business entity may elect to 118 discontinue its use of the designation at any time by notifying 119 the department of such decision. 120 (6) LOGO DEVELOPMENT.— 121 (a) The department, in consultation with members of the 122 disability community, shall develop a logo that identifies a 123 business entity that is designated as a Florida Unique Abilities 124 Partner. 125 (b) The department shall adopt guidelines and requirements 126 for use of the logo, including how the logo may be used in 127 advertising. The department may allow a business entity to 128 display a Florida Unique Abilities Partner logo upon 129 designation. A business entity that has not been designated as a 130 Florida Unique Abilities Partner or has elected to discontinue 131 its designated status may not display the logo. 132 (7) WEBSITE.—The department shall maintain a website for 133 the program. At a minimum, the website must provide: a list of 134 business entities, by county, that currently have the Florida 135 Unique Abilities Partner designation, updated quarterly; 136 information regarding the eligibility requirements for the 137 designation and the method of application or nomination; and 138 best practices for business entities to facilitate the inclusion 139 of individuals who have a disability, updated annually. The 140 website may provide links to the websites of organizations or 141 other resources that will aid business entities to employ or 142 support individuals who have a disability. 143 (8) INTERAGENCY COLLABORATION.— 144 (a) The Agency for Persons with Disabilities shall provide 145 a link on its website to the department’s website for the 146 Florida Unique Abilities Partner program. 147 (b) On a quarterly basis, the department shall provide the 148 Florida Tourism Industry Marketing Corporation with a current 149 list of all businesses that are designated as Florida Unique 150 Abilities Partners. The Florida Tourism Industry Marketing 151 Corporation must consider the Florida Unique Abilities Partner 152 program in the development of marketing campaigns, and 153 specifically in any targeted marketing campaign for individuals 154 who have a disability or their families. 155 (c) The department and CareerSource Florida, Inc., shall 156 identify employment opportunities posted by business entities 157 that currently have the Florida Unique Abilities Partner 158 designation on the workforce information system under s. 159 445.011, Florida Statutes. 160 (9) REPORT.— 161 (a) By January 1, 2016, the department shall provide a 162 report to the President of the Senate and the Speaker of the 163 House of Representatives on the status of the implementation of 164 this section, including the adoption of rules, development of 165 the logo, and development of application procedures. 166 (b) Beginning in 2016 and each year thereafter, the 167 department’s annual report required under s. 20.60, Florida 168 Statutes, must describe in detail the progress and use of the 169 program. At a minimum, the report must include the following 170 information for the most recent year: the number of applications 171 and nominations received; the number of nominations accepted and 172 declined; designations awarded; annual certifications; use of 173 information provided under subsection (8); and any other 174 information deemed necessary to evaluate the program. 175 (10) RULES.—The department shall adopt rules to administer 176 this section. 177 Section 2. For the 2015-2016 fiscal year, the sums of 178 $100,000 in recurring funds and $100,000 in nonrecurring funds 179 from the Special Employment Security Administration Trust Fund 180 are appropriated to the Department of Economic Opportunity for 181 the purpose of funding the development, implementation, and 182 administration of the Florida Unique Abilities Partner program 183 created by this act. 184 185 ================= T I T L E A M E N D M E N T ================ 186 And the title is amended as follows: 187 Delete lines 5 - 36 188 and insert: 189 Florida Unique Abilities Partner program; defining 190 terms; authorizing a business entity to apply to the 191 department for designation; requiring the department 192 to consider nominations of business entities for 193 designation; requiring the department to adopt 194 procedures for application and designation processes; 195 establishing criteria for a business entity to be 196 designated as a Florida Unique Abilities Partner; 197 requiring a business entity to certify that it 198 continues to meet the established criteria for 199 designation each year; requiring the department to 200 remove the designation if a business entity does not 201 submit yearly certification of continued eligibility; 202 authorizing a business entity to discontinue its use 203 of the designation; requiring the department, in 204 consultation with the disability community, to develop 205 a logo for business entities designated as Florida 206 Unique Abilities Program Partners; requiring the 207 department to adopt guidelines and requirements for 208 use of the logo; authorizing the department to allow a 209 designated business entity to display a logo; 210 prohibiting the use of a logo if a business entity 211 does not have a current designation; requiring the 212 department to maintain a website with specified 213 information; requiring the Agency for Persons with 214 Disabilities to provide a link on its website to the 215 department’s website for the Florida Unique Abilities 216 Partner program; requiring the department to provide 217 the Florida Tourism Industry Marketing Corporation 218 with certain information; requiring the department and 219 CareerSource Florida, Inc., to identify employment 220 opportunities posted by employers that receive the 221 Florida Unique Abilities Partner designation on the 222 workforce information system; providing report 223 requirements; requiring the department to adopt rules; 224 providing appropriations; providing an effective date.