Florida Senate - 2020                                     SB 136
       
       
        
       By Senator Bean
       
       
       
       
       
       4-00153B-20                                            2020136__
    1                        A bill to be entitled                      
    2         An act relating to adoption benefits; amending s.
    3         409.1664, F.S.; revising the definition of the term
    4         “qualifying adoptive employee”; providing that certain
    5         adoptive veterans and servicemembers are eligible to
    6         apply for certain monetary benefits; defining the
    7         terms “veteran” and “servicemember”; authorizing the
    8         Department of Children and Families to adopt rules;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 409.1664, Florida Statutes, is amended
   14  to read:
   15         409.1664 Adoption benefits for qualifying adoptive
   16  employees of state agencies, veterans, and servicemembers.—
   17         (1) As used in this section, the term:
   18         (a) “Child within the child welfare system” has the same
   19  meaning as provided in s. 409.166.
   20         (b) “Qualifying adoptive employee” means a full-time or
   21  part-time employee of a state agency, a charter school
   22  established under s. 1002.33, or the Florida Virtual School
   23  established under s. 1002.37 who is paid from regular salary
   24  appropriations, or otherwise meets his or her employer’s
   25  definition of a regular rather than temporary employee, and who
   26  adopts a child within the child welfare system pursuant to
   27  chapter 63 on or after July 1, 2015. The term includes
   28  instructional personnel, as defined in s. 1012.01, who are
   29  employed by the Florida School for the Deaf and the Blind. For
   30  purposes of this paragraph, an employer’s definition of a
   31  regular employee may include an other-personal-services employee
   32  who has been continuously employed full-time or part-time by the
   33  state agency for at least 1 year.
   34         (c) “State agency” means a branch, department, or agency of
   35  state government for which the Chief Financial Officer processes
   36  payroll requisitions, a state university or Florida College
   37  System institution as defined in s. 1000.21, a school district
   38  unit as defined in s. 1001.30, or a water management district as
   39  defined in s. 373.019.
   40         (2) A qualifying adoptive employee who adopts a child
   41  within the child welfare system who has special needs described
   42  in s. 409.166(2)(a)2. is eligible to receive a lump-sum monetary
   43  benefit in the amount of $10,000 per such child, subject to
   44  applicable taxes. A qualifying adoptive employee who adopts a
   45  child within the child welfare system who does not have special
   46  needs described in s. 409.166(2)(a)2. is eligible to receive a
   47  lump-sum monetary benefit in the amount of $5,000 per such
   48  child, subject to applicable taxes. A qualifying adoptive
   49  employee of a charter school or the Florida Virtual School may
   50  retroactively apply for the monetary benefit provided in this
   51  subsection if such employee was employed by a charter school or
   52  the Florida Virtual School when he or she adopted a child within
   53  the child welfare system pursuant to chapter 63 on or after July
   54  1, 2015.
   55         (a) Benefits paid to a qualifying adoptive employee who is
   56  a part-time employee must be prorated based on the qualifying
   57  adoptive employee’s full-time equivalency at the time of
   58  applying for the benefits.
   59         (b) Monetary benefits awarded under this subsection are
   60  limited to one award per adopted child within the child welfare
   61  system.
   62         (c) The payment of a lump-sum monetary benefit for adopting
   63  a child within the child welfare system under this section is
   64  subject to a specific appropriation to the department for such
   65  purpose.
   66         (3) A qualifying adoptive employee must apply to his or her
   67  agency head, or to his or her school director in the case of a
   68  qualifying adoptive employee of a charter school or the Florida
   69  Virtual School, to obtain the monetary benefit provided in
   70  subsection (2). Applications must be on forms approved by the
   71  department and must include a certified copy of the final order
   72  of adoption naming the applicant as the adoptive parent.
   73  Monetary benefits shall be approved on a first-come, first
   74  served basis based upon the date that each fully completed
   75  application is received by the department.
   76         (4) This section does not preclude a qualifying adoptive
   77  employee from receiving adoption assistance for which he or she
   78  may qualify under s. 409.166 or any other statute that provides
   79  financial incentives for the adoption of children.
   80         (5) Parental leave for a qualifying adoptive employee must
   81  be provided in accordance with the personnel policies and
   82  procedures of his or her employer.
   83         (6) The department may adopt rules to administer this
   84  section. The rules may provide for an application process such
   85  as, but not limited to, an open enrollment period during which
   86  qualifying adoptive employees may apply for monetary benefits
   87  under this section.
   88         (7) The Chief Financial Officer shall disburse a monetary
   89  benefit to a qualifying adoptive employee upon the department’s
   90  submission of a payroll requisition. The Chief Financial Officer
   91  shall transfer funds from the department to a state university,
   92  a Florida College System institution, a school district unit, a
   93  charter school, the Florida Virtual School, or a water
   94  management district, as appropriate, to enable payment to the
   95  qualifying adoptive employee through the payroll systems as long
   96  as funds are available for such purpose.
   97         (8) Each state agency shall develop a uniform procedure for
   98  informing employees about this benefit and for assisting the
   99  department in making eligibility determinations and processing
  100  applications. Any procedure adopted by a state agency is valid
  101  and enforceable if the procedure does not conflict with the
  102  express terms of this section.
  103         (9)A veteran or servicemember who is domiciled in this
  104  state and who adopts a child within the child welfare system
  105  pursuant to chapter 63 on or after July 1, 2020, is eligible to
  106  apply for the monetary benefits awarded under subsection (2),
  107  regardless of whether the veteran or servicemember is a
  108  qualifying adoptive employee. As used in this subsection, the
  109  term veteran” has the same meaning as provided in s. 1.01(14)
  110  and the term servicemember has the same meaning as provided in
  111  s. 250.01(19). The department may adopt rules to administer this
  112  subsection.
  113         Section 2. This act shall take effect July 1, 2020.