Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1246
       
       
       
       
       
                               Ì8976222Î897622                          
       
       594-02559-15                                                    
       Proposed Committee Substitute by the Committee on Fiscal Policy
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    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
    6         terms; authorizing a business entity to apply to the
    7         department for designation; requiring the department
    8         to consider nominations of business entities for
    9         designation; requiring the department to adopt
   10         procedures for application and designation processes;
   11         establishing criteria for a business entity to be
   12         designated as a Florida Unique Abilities Partner;
   13         requiring a business entity to certify that it
   14         continues to meet the established criteria for
   15         designation each year; requiring the department to
   16         remove the designation if a business entity does not
   17         submit yearly certification of continued eligibility;
   18         authorizing a business entity to discontinue its use
   19         of the designation; requiring the department, in
   20         consultation with the disability community, to develop
   21         a logo for business entities designated as Florida
   22         Unique Abilities Program Partners; requiring the
   23         department to adopt guidelines and requirements for
   24         use of the logo; authorizing the department to allow a
   25         designated business entity to display a logo;
   26         prohibiting the use of a logo if a business entity
   27         does not have a current designation; requiring the
   28         department to maintain a website with specified
   29         information; requiring the Agency for Persons with
   30         Disabilities to provide a link on its website to the
   31         department’s website for the Florida Unique Abilities
   32         Partner program; requiring the department to provide
   33         the Florida Tourism Industry Marketing Corporation
   34         with certain information; requiring the department and
   35         CareerSource Florida, Inc., to identify employment
   36         opportunities posted by employers that receive the
   37         Florida Unique Abilities Partner designation on the
   38         workforce information system; providing report
   39         requirements; requiring the department to adopt rules;
   40         providing appropriations; providing an effective date.
   41          
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Florida Unique Abilities Partner program.—
   45         (1) CREATION AND PURPOSE.—The Department of Economic
   46  Opportunity shall establish the Florida Unique Abilities Partner
   47  program to designate a business entity as a Florida Unique
   48  Abilities Partner if the business entity demonstrates
   49  commitment, through employment or support, to the independence
   50  of individuals who have a disability. The department shall
   51  consult with the Agency for Persons with Disabilities, the
   52  Division of Vocational Rehabilitation of the Department of
   53  Education, the Division of Blind Services of the Department of
   54  Education, and CareerSource Florida, Inc., in creating the
   55  program.
   56         (2) DEFINITIONS.—As used in this section, the term:
   57         (a) “Department” means the Department of Economic
   58  Opportunity.
   59         (b) “Individuals who have a disability” means persons who
   60  have a physical or intellectual impairment that substantially
   61  limits one or more major life activities; persons who have a
   62  history or record of such an impairment; or persons who are
   63  perceived by others as having such an impairment.
   64         (3) DESIGNATION.—
   65         (a) A business entity may apply to the department to be
   66  designated as a Florida Unique Abilities Partner, based on the
   67  business entity’s achievements in at least one of the following
   68  categories:
   69         1. Employment of individuals who have a disability.
   70         2. Contributions to local or national disability
   71  organizations.
   72         3. Contributions to or the establishment of a program that
   73  contributes to the independence of individuals who have a
   74  disability.
   75         (b) As an alternative to application by a business entity,
   76  the department must consider nominations from members of the
   77  community where the business entity is located. The nomination
   78  must identify the business entity’s achievements in at least one
   79  of the categories provided in paragraph (a).
   80         (c) The name, location, and contact information of the
   81  business entity must be included in the business entity’s
   82  application or nomination.
   83         (d) The department shall adopt procedures for the
   84  application, nomination, and designation processes for the
   85  Florida Unique Abilities Partner program. Designation as a
   86  Florida Unique Abilities Partner does not establish or involve
   87  licensure, does not affect the substantial interests of a party,
   88  and does not constitute a final agency action. The Florida
   89  Unique Abilities Partner program and designation are not subject
   90  to chapter 120, Florida Statutes.
   91         (4)ELIGIBILITY AND AWARD.—In determining the eligibility
   92  for the designation of a business entity as a Florida Unique
   93  Abilities Partner, the department shall consider, at a minimum,
   94  the following criteria:
   95         (a)For a designation based on an application by a
   96  business:
   97         1. A business entity must certify that it employs at least
   98  one individual who has a disability. Such employees must be
   99  residents of this state and must have been employed by the
  100  business entity for at least 9 months before the business
  101  entity’s application for the designation. The department may not
  102  require the employer to provide personally identifiable
  103  information about its employees;
  104         2.A business entity must certify that it has made
  105  contributions to local and national disability organizations or
  106  contributions in support of individuals who have a disability.
  107  Contributions may be accomplished through financial or in-kind
  108  contributions, including employee volunteer hours. Contributions
  109  must be documented by providing copies of written receipts or
  110  letters of acknowledgment from recipients or donees. A business
  111  entity with 100 or fewer employees must make a financial or in
  112  kind contribution of at least $1,000, and a business entity with
  113  more than 100 employees must make a financial or in-kind
  114  contribution of at least $5,000; or
  115         3. A business entity must certify that it has established,
  116  or has contributed to the establishment of, a program that
  117  contributes to the independence of individuals who have a
  118  disability. Contributions must be documented by providing copies
  119  of written receipts, a summary of the program, program
  120  materials, or letters of acknowledgment from program
  121  participants or volunteers. A business entity with 100 or fewer
  122  employees must make a financial or in-kind contribution of at
  123  least $1,000 in the program, and a business entity with more
  124  than 100 employees must make a financial or in-kind contribution
  125  of at least $5,000.
  126  
  127  A business entity that applies to the department to be
  128  designated as a Florida Unique Abilities Partner shall be
  129  awarded the designation upon meeting the requirements of this
  130  section.
  131         (b) For a designation based upon receipt of a nomination of
  132  a business entity:
  133         1. The department shall determine whether the nominee,
  134  based on the information provided by the nominating person or
  135  entity, meets the requirements of paragraph (a). The department
  136  may request additional information from the nominee.
  137         2. If the nominee meets the requirements, the department
  138  shall provide notice, including the qualification criteria
  139  provided in the nomination, to the nominee regarding the
  140  nominee’s eligibility to be awarded a designation as a Florida
  141  Unique Abilities Partner.
  142         3. The nominee shall be provided 30 days from the receipt
  143  of the notice to certify that the information in the notice is
  144  true and accurate and accept the nomination; or to decline the
  145  nomination. After 30 days, if the nomination has not been
  146  accepted, the department may not award the designation. If the
  147  nominee accepts the nomination, the department shall award the
  148  designation. If the nominee declines the nomination, the
  149  department may not award the designation.
  150         (5) ANNUAL CERTIFICATION.—After an initial designation as a
  151  Florida Unique Abilities Partner, a business entity must certify
  152  each year that it continues to meet the criteria for the
  153  designation. If a business entity does not submit the yearly
  154  certification of continued eligibility, the department shall
  155  remove the designation. A business entity may elect to
  156  discontinue its use of the designation at any time by notifying
  157  the department of such decision.
  158         (6) LOGO DEVELOPMENT.—
  159         (a) The department, in consultation with members of the
  160  disability community, shall develop a logo that identifies a
  161  business entity that is designated as a Florida Unique Abilities
  162  Partner.
  163         (b) The department shall adopt guidelines and requirements
  164  for use of the logo, including how the logo may be used in
  165  advertising. The department may allow a business entity to
  166  display a Florida Unique Abilities Partner logo upon
  167  designation. A business entity that has not been designated as a
  168  Florida Unique Abilities Partner or has elected to discontinue
  169  its designated status may not display the logo.
  170         (7) WEBSITE.—The department shall maintain a website for
  171  the program. At a minimum, the website must provide: a list of
  172  business entities, by county, that currently have the Florida
  173  Unique Abilities Partner designation, updated quarterly;
  174  information regarding the eligibility requirements for the
  175  designation and the method of application or nomination; and
  176  best practices for business entities to facilitate the inclusion
  177  of individuals who have a disability, updated annually. The
  178  website may provide links to the websites of organizations or
  179  other resources that will aid business entities to employ or
  180  support individuals who have a disability.
  181         (8)INTERAGENCY COLLABORATION.—
  182         (a) The Agency for Persons with Disabilities shall provide
  183  a link on its website to the department’s website for the
  184  Florida Unique Abilities Partner program.
  185         (b) On a quarterly basis, the department shall provide the
  186  Florida Tourism Industry Marketing Corporation with a current
  187  list of all businesses that are designated as Florida Unique
  188  Abilities Partners. The Florida Tourism Industry Marketing
  189  Corporation must consider the Florida Unique Abilities Partner
  190  program in the development of marketing campaigns, and
  191  specifically in any targeted marketing campaign for individuals
  192  who have a disability or their families.
  193         (c) The department and CareerSource Florida, Inc., shall
  194  identify employment opportunities posted by business entities
  195  that currently have the Florida Unique Abilities Partner
  196  designation on the workforce information system under s.
  197  445.011, Florida Statutes.
  198         (9)REPORT.—
  199         (a) By January 1, 2016, the department shall provide a
  200  report to the President of the Senate and the Speaker of the
  201  House of Representatives on the status of the implementation of
  202  this section, including the adoption of rules, development of
  203  the logo, and development of application procedures.
  204         (b) Beginning in 2016 and each year thereafter, the
  205  department’s annual report required under s. 20.60, Florida
  206  Statutes, must describe in detail the progress and use of the
  207  program. At a minimum, the report must include the following
  208  information for the most recent year: the number of applications
  209  and nominations received; the number of nominations accepted and
  210  declined; designations awarded; annual certifications; use of
  211  information provided under subsection (8); and any other
  212  information deemed necessary to evaluate the program.
  213         (10) RULES.—The department shall adopt rules to administer
  214  this section.
  215         Section 2. For the 2015-2016 fiscal year, the sums of
  216  $100,000 in recurring funds and $100,000 in nonrecurring funds
  217  from the Special Employment Security Administration Trust Fund
  218  are appropriated to the Department of Economic Opportunity for
  219  the purpose of funding the development, implementation, and
  220  administration of the Florida Unique Abilities Partner program
  221  created by this act.
  222         Section 3. This act shall take effect July 1, 2015.