Florida Senate - 2015 SB 1246
By Senator Detert
28-00994B-15 20151246__
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 the
6 term “individuals who have a disability”; establishing
7 criteria for a business entity to be designated as a
8 Florida Unique Abilities Partner; requiring a business
9 entity to certify that it continues to meet the
10 established criteria for designation each year;
11 requiring the department to remove the designation if
12 a business entity does not submit yearly certification
13 of continued eligibility; authorizing a business
14 entity to discontinue its use of the designation;
15 requiring the department, in consultation with the
16 disability community, to develop a logo for business
17 entities designated as Florida Unique Abilities
18 Program Partners; requiring the department to adopt
19 guidelines and requirements for use of the logo;
20 authorizing the department to allow a designated
21 business entity to display a logo; prohibiting the use
22 of a logo if a business entity does not have a current
23 designation; requiring the department to maintain a
24 website with specified information; requiring the
25 Agency for Persons with Disabilities and the Florida
26 Tourism Industry Marketing Corporation to provide a
27 link on their websites to the department’s website for
28 the Florida Unique Abilities Partner program;
29 requiring the department to partner with the Florida
30 Tourism Industry Marketing Corporation to create a
31 marketing campaign with specified goals; requiring the
32 department to identify employment opportunities posted
33 by employers that receive the Florida Unique Abilities
34 Partner designation on the workforce information
35 system; requiring the department to provide a
36 specified report to the Legislature by a specified
37 date; requiring the department to adopt rules;
38 providing an effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. (1) The Department of Economic Opportunity shall
43 establish the Florida Unique Abilities Partner program to
44 designate a business entity as a Florida Unique Abilities
45 Partner if the business entity demonstrates commitment, through
46 employment and support, to the independence of individuals who
47 have a disability. The department shall consult with the Agency
48 for Persons with Disabilities, the Division of Vocational
49 Rehabilitation of the Department of Education, the Division of
50 Blind Services of the Department of Education, and CareerSource
51 Florida in creating the program. As used in this section, the
52 term “individuals who have a disability” means persons who have
53 a physical or intellectual impairment that substantially limits
54 one or more major life activities; persons who have a history or
55 record of such an impairment; or persons who are perceived by
56 others as having such an impairment.
57 (2) A business entity may apply to the Department of
58 Economic Opportunity to be designated as a Florida Unique
59 Abilities Partner, based on the business entity’s achievements
60 in at least one of the following categories:
61 (a) Employment of individuals who have a disability.
62 (b) Contributions to local or national disability
63 organizations or the establishment of a program that contributes
64 to the independence of individuals who have a disability.
65 (3) The Department of Economic Opportunity shall adopt
66 procedures for the application and designation processes for the
67 Florida Unique Abilities Partner program. Designation as a
68 Florida Unique Abilities Partner does not establish or involve
69 licensure, does not affect the substantial interests of a party,
70 and does not constitute a final agency action. The Florida
71 Unique Abilities Partner program and designation are not subject
72 to chapter 120, Florida Statutes.
73 (4) In determining the eligibility for the designation of a
74 business entity as a Florida Unique Abilities Partner, the
75 Department of Economic Opportunity must consider, at a minimum,
76 the following criteria:
77 (a) A business entity must certify that it employs at least
78 one individual who has a disability. Such employees must be
79 residents of this state and must have been employed by the
80 business entity for at least 9 months before the business
81 entity’s application for the designation; or
82 (b) A business entity must certify that it has made
83 contributions to local and national disability organizations or
84 contributions in support of individuals who have a disability.
85 Contributions may be accomplished through financial or in-kind
86 contributions, including employee volunteer hours, or
87 accomplished through the establishment of a program that
88 contributes to the independence of individuals who have a
89 disability. Contributions must be documented by providing copies
90 of written receipts or letters of acknowledgment from recipients
91 or donees. A business entity with 100 or fewer employees must
92 make a financial or in-kind contribution of at least $1,000, and
93 a business entity with more than 100 employees must make a
94 financial or in-kind contribution of at least $5,000.
95 (5) The Department of Economic Opportunity may consider
96 recommendations from members of the disability community in
97 which the business entity is located as part of the business
98 entity’s application for designation as a Florida Unique
99 Abilities Partner.
100 (6) After an initial designation as a Florida Unique
101 Abilities Partner, a business entity must certify each year that
102 it continues to meet the criteria for the designation. If a
103 business entity does not submit yearly certification of
104 continued eligibility, the Department of Economic Opportunity
105 shall remove the designation. A business entity may elect to
106 discontinue its use of the designation at any time by notifying
107 the department of such decision.
108 (7) The Department of Economic Opportunity, in consultation
109 with members of the disability community, must develop a logo
110 that identifies a business entity that is designated as a
111 Florida Unique Abilities Partner.
112 (8) The Department of Economic Opportunity must adopt
113 guidelines and requirements for use of the logo, including how
114 the logo may be used in advertising. The department may allow a
115 business entity to display a Florida Unique Abilities Partner
116 logo upon designation. A business entity that has not been
117 designated as a Florida Unique Abilities Partner or has elected
118 to discontinue its designated status may not display the logo.
119 (9) The Department of Economic Opportunity must maintain a
120 website that provides the public with a list of business
121 entities that currently have the Florida Unique Abilities
122 Partner designation and that provides information regarding the
123 eligibilities for the designation. At least once a year, the
124 department must publish on its website the best ways for
125 business entities to facilitate the inclusion of individuals who
126 have a disability. The Agency for Persons with Disabilities and
127 the Florida Tourism Industry Marketing Corporation must provide
128 a link on their websites to the department’s website that makes
129 available the information on the Florida Unique Abilities
130 Partner program and designation.
131 (10) The Department of Economic Opportunity shall partner
132 with the Florida Tourism Industry Marketing Corporation to
133 create a marketing campaign that includes periodic public
134 service announcements on radio and television stations, that
135 promotes the awareness of the Florida Unique Abilities Partner
136 program, and that encourages public support for business
137 entities that currently have the Florida Unique Abilities
138 Partner designation.
139 (11) The Department of Economic Opportunity shall identify
140 employment opportunities posted by business entities that
141 currently have the Florida Unique Abilities Partner designation
142 on the workforce information system under s. 445.011, Florida
143 Statutes.
144 (12) By January 1, 2016, the Department of Economic
145 Opportunity must provide a report to the President of the Senate
146 and the Speaker of the House of Representatives on the status of
147 the implementation of this section, including the adoption of
148 rules, development of the logo, and development of application
149 procedures.
150 (13) The Department of Economic Opportunity shall adopt
151 rules to administer this section.
152 Section 2. This act shall take effect July 1, 2015.