CS/HB 803

1
A bill to be entitled
2An act relating to adoption benefits; creating s.
3409.1663, F.S.; providing definitions; expanding a
4monetary benefit paid to employees who adopt special needs
5children and children in the custody of the state to
6include employees of state universities, community
7colleges, and school districts; clarifying that the
8availability of the monetary benefit is subject to an
9appropriation; authorizing the Department of Children and
10Family Services to administer the program; providing for
11rules; providing for parental leave; providing for
12application and eligibility procedures; providing for the
13transfer of funding from the department to nonstate public
14entities; providing that application for the monetary
15benefit will begin with the 2008 open enrollment period
16and the availability of the benefit will begin in the
172008-2009 fiscal year; repealing ss. 110.152, 110.15201,
18215.32(2)(c)5., and 373.6065, F.S., relating to the
19present program that provides a monetary benefit only to
20state agency employees and employees of a water management
21district and that is administered by the Department of
22Management Services; transferring resources allocated to
23provide adoption benefits for state employees from the
24Department of Management Services to the Department of
25Children and Family Services by a type two transfer;
26providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Section 409.1663, Florida Statutes, is created
31to read:
32     409.1663  Adoption benefits for qualifying adoptive
33employees of state agencies.--
34     (1)  As used in this section, the term:
35     (a)  "Department" means the Department of Children and
36Family Services.
37     (b)  "Licensed child-placing agency" has the same meaning
38as in s. 39.01.
39     (c)  "Qualifying adoptive employee" means a full-time or
40part-time employee of a state agency who is paid from regular
41salary appropriations or who otherwise meets the employer's
42definition of a regular rather than temporary employee and who
43adopts a child pursuant to chapter 63. For purposes of this
44section, the term includes instructional personnel, as defined
45in s. 1012.01, employed by the Florida School for the Deaf and
46the Blind.
47     (d)  "Special needs child" has the same meaning as in s.
48409.166.
49     (e)  "State agency" means a branch, department, or agency
50of state government for which the Chief Financial Officer
51processes payroll requisitions, a state university or community
52college as defined in s. 1000.21, a school district unit as
53defined in s. 1001.30, or a water management district as defined
54in s. 373.019.
55     (2)  A qualifying adoptive employee who adopts a special
56needs child shall be eligible to receive a lump-sum monetary
57benefit in the amount of $10,000 per child subject to applicable
58taxes. Any qualifying adoptive employee who adopts a child whose
59permanent custody has been awarded to the department or to a
60licensed child-placing agency, other than a special needs child,
61shall be eligible to receive a lump-sum monetary benefit in the
62amount of $5,000 per child subject to applicable taxes.
63     (a)  Benefits paid to a part-time employee must be prorated
64based on the employee's full-time-equivalency status at the time
65of applying for the benefits.
66     (b)  Monetary benefits are limited to one award per child
67adopted regardless of the number of adoptive parents or an
68employee's change of employer.
69     (c)  The payment of a lump-sum monetary benefit for
70adopting a child under this section is subject to a specific
71appropriation to the department for such purpose.
72     (3)  A qualifying adoptive employee must apply to his or
73her agency head to obtain the monetary benefit provided in
74subsection (2). Applications must be on forms approved by the
75department and must include a certified copy of the final order
76of adoption naming the applicant as the adoptive parent.
77     (4)  This section does not affect the right of any
78qualifying adoptive employee who adopts a special needs child to
79receive adoption assistance under s. 409.166 or any other
80statute that provides financial incentives for the adoption of
81children.
82     (5)  Parental leave for qualifying adoptive employees must
83be provided in accordance with the personnel policies and
84procedures of the respective state agency employer.
85     (6)  The department shall adopt rules to administer this
86section. The rules may provide for an application process such
87as, but not limited to, an open enrollment period during which
88qualifying adoptive parents may apply for monetary benefits
89under this section.
90     (7)  A monetary benefit paid to a qualifying adoptive
91employee employed in a state agency for which the Chief
92Financial Officer processes payroll requisitions shall be
93disbursed by the Chief Financial Office upon submission of a
94payroll requisition by the department. The Chief Financial
95Officer shall transfer funds from the department to a state
96university, community college, school district unit, or water
97management district to enable payment to the respective
98qualifying adoptive employee through the respective payroll
99systems as long as funds are available for such purpose.
100     (8)  Each state agency shall develop a uniform procedure
101for informing employees about this benefit and for assisting the
102department in making eligibility determinations and processing
103applications. Any procedure adopted by a state agency is valid
104and enforceable so long as it does not conflict with the express
105terms of this section.
106     Section 2.  Participation by employees of a state
107university, community college, or school district unit as
108provided in this act shall commence with the 2008 open
109enrollment period for adoption benefits to be funded in the
1102008-2009 fiscal year.
111     Section 3.  Sections 110.152, 110.15201, 215.32(2)(c)5.,
112and 373.6065, Florida Statutes, are repealed.
113     Section 4.  The resources provided to the Department of
114Management Services for the adoption benefits for state
115employees originally enacted in section 110.152, Florida
116Statutes, are transferred to the Department of Children and
117Family Services by a type two transfer pursuant to section
11820.06(2), Florida Statutes.
119     Section 5.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.