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:

30  

31  

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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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    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.

31  

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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.

25  

26          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
27                         Senate Bill 362

28                                 

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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