Senate Bill sb0362c1
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Florida Senate - 2007 CS for SB 362
By the Committee on Children, Families, and Elder Affairs; and
Senators Wilson and Lynn
586-2252-07
1 A bill to be entitled
2 An act relating to adoption benefits; creating
3 s. 409.1663, F.S.; expanding a monetary benefit
4 paid to employees who adopt special needs
5 children and children in the custody of the
6 state to include employees of state
7 universities, community colleges, and school
8 districts; clarifying that the availability of
9 the monetary benefit is subject to an
10 appropriation; authorizing the Department of
11 Children and Family Services to administer the
12 program; providing for rules; providing for
13 parental leave; providing for application and
14 eligibility procedures; providing for the
15 transfer of funding from the department to
16 nonstate public entities; providing that
17 application for the monetary benefit will begin
18 with the 2008 open enrollment period and the
19 availability of the benefit will begin in the
20 2008-2009 fiscal year; repealing ss. 110.152,
21 110.15201, 215.32(2)(c)5., and 373.6065, F.S.,
22 relating to the present program that provides a
23 monetary benefit only to state agency employees
24 and employees of a water management district
25 and that is administered by the Department of
26 Management Services; providing an effective
27 date.
28
29 Be It Enacted by the Legislature of the State of Florida:
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Florida Senate - 2007 CS for SB 362
586-2252-07
1 Section 1. Section 409.1663, Florida Statutes, is
2 created to read:
3 409.1663 Adoption benefits for qualifying adoptive
4 employees of state agencies.--
5 (1) As used in this section, the term:
6 (a) "Department" means the Department of Children and
7 Family Services.
8 (b) "Licensed child-placing agency" has the same
9 meaning as in s. 39.01.
10 (c) "Qualifying adoptive employee" means a full-time
11 or part-time employee of a state agency who is paid from
12 regular salary appropriations or who otherwise meets the
13 employer's definition of a regular rather than temporary
14 employee and who adopts a child pursuant to this section. For
15 purposes of this section, the term includes instructional
16 personnel, as defined in s. 1012.01, employed by the Florida
17 School for the Deaf and the Blind.
18 (d) "Special needs child" has the same meaning as in
19 s. 409.166.
20 (e) "State agency" means a branch, department, or
21 agency of state government for which the Chief Financial
22 Officer processes payroll requisitions, a state university or
23 community college as defined in s. 1000.21, a school district
24 unit as defined in s. 1001.30, or a water management district
25 as defined in s. 373.019.
26 (2) A qualifying adoptive employee who adopts a
27 special needs child shall be eligible to receive a lump-sum
28 monetary benefit in the amount of $10,000 per child subject to
29 applicable taxes. Any qualifying adoptive employee who adopts
30 a child whose permanent custody has been awarded to the
31 department or to a licensed child-placing agency, other than a
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 362
586-2252-07
1 special needs child, shall be eligible to receive a lump-sum
2 monetary benefit in the amount of $5,000 per child subject to
3 applicable taxes.
4 (a) Benefits paid to a part-time employee must be
5 prorated based on the employee's full-time-equivalency status
6 at the time of applying for the benefits.
7 (b) Monetary benefits are limited to one award per
8 child adopted regardless of the number of adoptive parents or
9 an employee's change of employer.
10 (c) The payment of a lump-sum monetary benefit for
11 adopting a child under this section is subject to a specific
12 appropriation to the department for such purpose.
13 (3) A qualifying adoptive employee must apply to his
14 or her agency head to obtain the monetary benefit provided in
15 subsection (2). Applications must be on forms approved by the
16 department and must include a certified copy of the final
17 order of adoption naming the applicant as the adoptive parent.
18 (4) This section does not affect the right of any
19 qualifying adoptive employee who adopts a special needs child
20 to receive adoption assistance under s. 409.166 or any other
21 statute that provides financial incentives for the adoption of
22 children.
23 (5) Parental leave for qualifying adoptive employees
24 must be provided in accordance with the personnel policies and
25 procedures of the respective state agency employer.
26 (6) The department shall adopt rules to administer
27 this section. The rules may provide for an application process
28 such as, but not limited to, an open enrollment period during
29 which qualifying adoptive parents may apply for monetary
30 benefits under this section.
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Florida Senate - 2007 CS for SB 362
586-2252-07
1 (7) A monetary benefit paid to a qualifying adoptive
2 employee employed in a state agency for which the Chief
3 Financial Officer processes payroll requisitions shall be
4 disbursed by the Chief Financial Office upon submission of a
5 payroll requisition by the department. The Chief Financial
6 Officer shall transfer funds from the department to a state
7 university, community college, school district unit, or water
8 management district to enable payment to the respective
9 qualifying adoptive employee through the respective payroll
10 systems as long as funds are available for such purpose.
11 (8) Each state agency shall develop a uniform
12 procedure for informing employees about this benefit and for
13 assisting the department in making eligibility determinations
14 and processing applications. Any procedure adopted by a state
15 agency is valid and enforceable so long as it does not
16 conflict with the express terms of this section.
17 Section 2. Participation by employees of a state
18 university, community college, or school district unit as
19 provided in this act shall commence with the 2008 open
20 enrollment period for adoption benefits to be funded in the
21 2008-2009 fiscal year.
22 Section 3. Sections 110.152, 110.15201,
23 215.32(2)(c)5., and 373.6065, Florida Statutes, are repealed.
24 Section 4. This act shall take effect July 1, 2007.
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26 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
27 Senate Bill 362
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29 The committee substitute consolidates and transfers the
administration of the state employee adoption program to the
30 Department of Children and Families from the Department of
Management Services, and changes the benefit that is paid to
31 the adoptive parent from monthly installments over a year to a
lump sum payment.
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