Senate Bill sb0362c2

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    Florida Senate - 2007                     CS for CS for SB 362

    By the Committees on Health and Human Services Appropriations;
    Children, Families, and Elder Affairs; and Senators Wilson and
    Lynn



    603-2631-07

  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; requiring the Department

27         of Management Services to transfer specified

28         resources related to adoptions to the

29         Department of Children and Family Services;

30         providing an effective date.

31  

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    Florida Senate - 2007                     CS for CS for SB 362
    603-2631-07




 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Section 409.1663, Florida Statutes, is

 4  created to read:

 5         409.1663  Adoption benefits for qualifying adoptive

 6  employees of state agencies.--

 7         (1)  As used in this section, the term:

 8         (a)  "Department" means the Department of Children and

 9  Family Services.

10         (b)  "Licensed child-placing agency" has the same

11  meaning as in s. 39.01.

12         (c)  "Qualifying adoptive employee" means a full-time

13  or part-time employee of a state agency who is paid from

14  regular salary appropriations or who otherwise meets the

15  employer's definition of a regular rather than temporary

16  employee and who adopts a child pursuant to this section. For

17  purposes of this section, the term includes instructional

18  personnel, as defined in s. 1012.01, employed by the Florida

19  School for the Deaf and the Blind.

20         (d)  "Special needs child" has the same meaning as in

21  s. 409.166.

22         (e)  "State agency" means a branch, department, or

23  agency of state government for which the Chief Financial

24  Officer processes payroll requisitions, a state university or

25  community college as defined in s. 1000.21, a school district

26  unit as defined in s. 1001.30, or a water management district

27  as defined in s. 373.019.

28         (2)  A qualifying adoptive employee who adopts a

29  special needs child shall be eligible to receive a lump-sum

30  monetary benefit in the amount of $10,000 per child subject to

31  applicable taxes. Any qualifying adoptive employee who adopts

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    Florida Senate - 2007                     CS for CS for SB 362
    603-2631-07




 1  a child whose permanent custody has been awarded to the

 2  department or to a licensed child-placing agency, other than a

 3  special needs child, shall be eligible to receive a lump-sum

 4  monetary benefit in the amount of $5,000 per child subject to

 5  applicable taxes.

 6         (a)  Benefits paid to a part-time employee must be

 7  prorated based on the employee's full-time-equivalency status

 8  at the time of applying for the benefits.

 9         (b)  Monetary benefits are limited to one award per

10  child adopted regardless of the number of adoptive parents or

11  an employee's change of employer.

12         (c)  The payment of a lump-sum monetary benefit for

13  adopting a child under this section is subject to a specific

14  appropriation to the department for such purpose.

15         (3)  A qualifying adoptive employee must apply to his

16  or her agency head to obtain the monetary benefit provided in

17  subsection (2). Applications must be on forms approved by the

18  department and must include a certified copy of the final

19  order of adoption naming the applicant as the adoptive parent.

20         (4)  This section does not affect the right of any

21  qualifying adoptive employee who adopts a special needs child

22  to receive adoption assistance under s. 409.166 or any other

23  statute that provides financial incentives for the adoption of

24  children.

25         (5)  Parental leave for qualifying adoptive employees

26  must be provided in accordance with the personnel policies and

27  procedures of the respective state agency employer.

28         (6)  The department shall adopt rules to administer

29  this section. The rules may provide for an application process

30  such as, but not limited to, an open enrollment period during

31  

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    Florida Senate - 2007                     CS for CS for SB 362
    603-2631-07




 1  which qualifying adoptive parents may apply for monetary

 2  benefits under this section.

 3         (7)  A monetary benefit paid to a qualifying adoptive

 4  employee employed in a state agency for which the Chief

 5  Financial Officer processes payroll requisitions shall be

 6  disbursed by the Chief Financial Office upon submission of a

 7  payroll requisition by the department. The Chief Financial

 8  Officer shall transfer funds from the department to a state

 9  university, community college, school district unit, or water

10  management district to enable payment to the respective

11  qualifying adoptive employee through the respective payroll

12  systems as long as funds are available for such purpose.

13         (8)  Each state agency shall develop a uniform

14  procedure for informing employees about this benefit and for

15  assisting the department in making eligibility determinations

16  and processing applications. Any procedure adopted by a state

17  agency is valid and enforceable so long as it does not

18  conflict with the express terms of this section.

19         Section 2.  Participation by employees of a state

20  university, community college, or school district unit as

21  provided in this act shall commence with the 2008 open

22  enrollment period for adoption benefits to be funded in the

23  2008-2009 fiscal year.

24         Section 3.  Sections 110.152, 110.15201,

25  215.32(2)(c)5., and 373.6065, Florida Statutes, are repealed.

26         Section 4.  The Department of Management Services shall

27  transfer the resources provided for adoption benefits for

28  state employees originally enacted in s. 110.152, Florida

29  Statutes, to the Department of Children and Family Services by

30  a type two transfer pursuant to s. 20.06(2), Florida Statutes.

31         Section 5.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                     CS for CS for SB 362
    603-2631-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                          CS for SB 362

 3                                 

 4  Mandates the Department of Management Services to transfer the
    Special Needs Adoption Incentives funding to the Department of
 5  Children and Family Services by a type two transfer.

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