Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1246
       
       
       
       
       
       
                                Ì565830$Î565830                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2015           .                                
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       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.