Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1246
       
       
       
       
       
       
                                Ì1195443Î119544                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  03/23/2015           .                                
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       Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development (Detert) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 40 - 164
    4  and insert:
    5         Section 1. Florida Unique Abilities Partner program.—
    6         (1) CREATION AND PURPOSE.—The Department of Economic
    7  Opportunity shall establish the Florida Unique Abilities Partner
    8  program to designate a business entity as a Florida Unique
    9  Abilities Partner if the business entity demonstrates
   10  commitment, through employment or support, to the independence
   11  of individuals who have a disability. The department shall
   12  consult with the Agency for Persons with Disabilities, the
   13  Division of Vocational Rehabilitation of the Department of
   14  Education, the Division of Blind Services of the Department of
   15  Education, and CareerSource Florida, Inc., in creating the
   16  program.
   17         (2) DEFINITIONS.—As used in this section, the term:
   18         (a) “Department” means the Department of Economic
   19  Opportunity.
   20         (b) “Individuals who have a disability” means persons who
   21  have a physical or intellectual impairment that substantially
   22  limits one or more major life activities; persons who have a
   23  history or record of such an impairment; or persons who are
   24  perceived by others as having such an impairment.
   25         (3) DESIGNATION.—
   26         (a) A business entity may apply to the department to be
   27  designated as a Florida Unique Abilities Partner, based on the
   28  business entity’s achievements in at least one of the following
   29  categories:
   30         1. Employment of individuals who have a disability.
   31         2. Contributions to local or national disability
   32  organizations.
   33         3. Contributions to or the establishment of a program that
   34  contributes to the independence of individuals who have a
   35  disability.
   36         (b) As an alternative to application by a business entity,
   37  the department must consider nominations from members of the
   38  community where the business entity is located. The nomination
   39  must identify the business entity’s achievements in at least one
   40  of the categories provided in paragraph (a).
   41         (c) The name, location, and contact information of the
   42  business entity must be included in the business entity’s
   43  application or nomination.
   44         (d) The department shall adopt procedures for the
   45  application, nomination, and designation processes for the
   46  Florida Unique Abilities Partner program. Designation as a
   47  Florida Unique Abilities Partner does not establish or involve
   48  licensure, does not affect the substantial interests of a party,
   49  and does not constitute a final agency action. The Florida
   50  Unique Abilities Partner program and designation are not subject
   51  to chapter 120, Florida Statutes.
   52         (4)ELIGIBILITY AND AWARD.—In determining the eligibility
   53  for the designation of a business entity as a Florida Unique
   54  Abilities Partner, the department shall consider, at a minimum,
   55  the following criteria:
   56         (a)For a designation based on an application by a
   57  business:
   58         1. A business entity must certify that it employs at least
   59  one individual who has a disability. Such employees must be
   60  residents of this state and must have been employed by the
   61  business entity for at least 9 months before the business
   62  entity’s application for the designation. The department may not
   63  require the employer to provide personally identifiable
   64  information about its employees;
   65         2.A business entity must certify that it has made
   66  contributions to local and national disability organizations or
   67  contributions in support of individuals who have a disability.
   68  Contributions may be accomplished through financial or in-kind
   69  contributions, including employee volunteer hours. Contributions
   70  must be documented by providing copies of written receipts or
   71  letters of acknowledgment from recipients or donees. A business
   72  entity with 100 or fewer employees must make a financial or in
   73  kind contribution of at least $1,000, and a business entity with
   74  more than 100 employees must make a financial or in-kind
   75  contribution of at least $5,000; or
   76         3. A business entity must certify that it has established,
   77  or has contributed to the establishment of, a program that
   78  contributes to the independence of individuals who have a
   79  disability. Contributions must be documented by providing copies
   80  of written receipts, a summary of the program, program
   81  materials, or letters of acknowledgment from program
   82  participants or volunteers. A business entity with 100 or fewer
   83  employees must make a financial or in-kind contribution of at
   84  least $1,000 in the program, and a business entity with more
   85  than 100 employees must make a financial or in-kind contribution
   86  of at least $5,000.
   87  
   88  A business entity that applies to the department to be
   89  designated as a Florida Unique Abilities Partner shall be
   90  awarded the designation upon meeting the requirements of this
   91  section.
   92         (b) For a designation based upon receipt of a nomination of
   93  a business entity:
   94         1. The department shall determine whether the nominee,
   95  based on the information provided by the nominating person or
   96  entity, meets the requirements of paragraph (a). The department
   97  may request additional information from the nominee.
   98         2. If the nominee meets the requirements, the department
   99  shall provide notice, including the qualification criteria
  100  provided in the nomination, to the nominee regarding the
  101  nominee’s eligibility to be awarded a designation as a Florida
  102  Unique Abilities Partner.
  103         3. The nominee shall be provided 30 days from the receipt
  104  of the notice to certify that the information in the notice is
  105  true and accurate and accept the nomination; or to decline the
  106  nomination. After 30 days, if the nomination has not been
  107  accepted, the department may not award the designation. If the
  108  nominee accepts the nomination, the department shall award the
  109  designation. If the nominee declines the nomination, the
  110  department may not award the designation.
  111         (5) ANNUAL CERTIFICATION.—After an initial designation as a
  112  Florida Unique Abilities Partner, a business entity must certify
  113  each year that it continues to meet the criteria for the
  114  designation. If a business entity does not submit the yearly
  115  certification of continued eligibility, the department shall
  116  remove the designation. A business entity may elect to
  117  discontinue its use of the designation at any time by notifying
  118  the department of such decision.
  119         (6) LOGO DEVELOPMENT.—
  120         (a) The department, in consultation with members of the
  121  disability community, shall develop a logo that identifies a
  122  business entity that is designated as a Florida Unique Abilities
  123  Partner.
  124         (b) The department shall adopt guidelines and requirements
  125  for use of the logo, including how the logo may be used in
  126  advertising. The department may allow a business entity to
  127  display a Florida Unique Abilities Partner logo upon
  128  designation. A business entity that has not been designated as a
  129  Florida Unique Abilities Partner or has elected to discontinue
  130  its designated status may not display the logo.
  131         (7) WEBSITE.—The department shall maintain a website for
  132  the program. At a minimum, the website must provide: a list of
  133  business entities, by county, that currently have the Florida
  134  Unique Abilities Partner designation, updated quarterly;
  135  information regarding the eligibility requirements for the
  136  designation and the method of application or nomination; and
  137  best practices for business entities to facilitate the inclusion
  138  of individuals who have a disability, updated annually. The
  139  website may provide links to the websites of organizations or
  140  other resources that will aid business entities to employ or
  141  support individuals who have a disability.
  142         (8)INTERAGENCY COLLABORATION.—
  143         (a) The Agency for Persons with Disabilities shall provide
  144  a link on its website to the department’s website for the
  145  Florida Unique Abilities Partner program.
  146         (b) On a quarterly basis, the department shall provide the
  147  Florida Tourism Industry Marketing Corporation with a current
  148  list of all businesses that are designated as Florida Unique
  149  Abilities Partners. The Florida Tourism Industry Marketing
  150  Corporation must consider the Florida Unique Abilities Partner
  151  program in the development of marketing campaigns, and
  152  specifically in any targeted marketing campaign for individuals
  153  who have a disability or their families.
  154         (c) The department and CareerSource Florida, Inc., shall
  155  identify employment opportunities posted by business entities
  156  that currently have the Florida Unique Abilities Partner
  157  designation on the workforce information system under s.
  158  445.011, Florida Statutes.
  159         (9)REPORT.—
  160         (a) By January 1, 2016, the department shall provide a
  161  report to the President of the Senate and the Speaker of the
  162  House of Representatives on the status of the implementation of
  163  this section, including the adoption of rules, development of
  164  the logo, and development of application procedures.
  165         (b) Beginning in 2016 and each year thereafter, the
  166  department’s annual report required under s. 20.60, Florida
  167  Statutes, must describe in detail the progress and use of the
  168  program. At a minimum, the report must include the following
  169  information for the most recent year: the number of applications
  170  and nominations received; the number of nominations accepted and
  171  declined; designations awarded; annual certifications; use of
  172  information provided under subsection (8); and any other
  173  information deemed necessary to evaluate the program.
  174         (10) RULES.—The department shall adopt rules to administer
  175  this section.
  176         Section 2. For the 2015-2016 fiscal year, the sums of
  177  $100,000 in recurring funds and $100,000 in nonrecurring funds
  178  from the State Economic Enhancement and Development Trust Fund
  179  are appropriated to the Department of Economic Opportunity for
  180  the purpose of funding the development, implementation, and
  181  administration of the Florida Unique Abilities Partner program
  182  created by this act.
  183  
  184  ================= T I T L E  A M E N D M E N T ================
  185  And the title is amended as follows:
  186         Delete lines 5 - 36
  187  and insert:
  188         Florida Unique Abilities Partner program; defining
  189         terms; authorizing a business entity to apply to the
  190         department for designation; requiring the department
  191         to consider nominations of business entities for
  192         designation; requiring the department to adopt
  193         procedures for application and designation processes;
  194         establishing criteria for a business entity to be
  195         designated as a Florida Unique Abilities Partner;
  196         requiring a business entity to certify that it
  197         continues to meet the established criteria for
  198         designation each year; requiring the department to
  199         remove the designation if a business entity does not
  200         submit yearly certification of continued eligibility;
  201         authorizing a business entity to discontinue its use
  202         of the designation; requiring the department, in
  203         consultation with the disability community, to develop
  204         a logo for business entities designated as Florida
  205         Unique Abilities Program Partners; requiring the
  206         department to adopt guidelines and requirements for
  207         use of the logo; authorizing the department to allow a
  208         designated business entity to display a logo;
  209         prohibiting the use of a logo if a business entity
  210         does not have a current designation; requiring the
  211         department to maintain a website with specified
  212         information; requiring the Agency for Persons with
  213         Disabilities to provide a link on its website to the
  214         department’s website for the Florida Unique Abilities
  215         Partner program; requiring the department to provide
  216         the Florida Tourism Industry Marketing Corporation
  217         with certain information; requiring the department and
  218         CareerSource Florida, Inc., to identify employment
  219         opportunities posted by employers that receive the
  220         Florida Unique Abilities Partner designation on the
  221         workforce information system; providing report
  222         requirements; requiring the department to adopt rules;
  223         providing appropriations; providing an effective date.