Florida Senate - 2016                             CS for SB 7010
       By the Committees on Fiscal Policy; and Governmental Oversight
       and Accountability
       594-01453-16                                          20167010c1
    1                        A bill to be entitled                      
    2         An act relating to individuals with disabilities;
    3         creating s. 17.68, F.S.; providing legislative
    4         findings; establishing the Financial Literacy Program
    5         for Individuals with Developmental Disabilities within
    6         the Department of Financial Services; requiring the
    7         department to develop and implement the program in
    8         consultation with specified stakeholders; providing
    9         for the participation of banks, credit unions, savings
   10         associations, and savings banks; requiring the program
   11         to provide information, resources, outreach, and
   12         education on specified issues to individuals with
   13         developmental disabilities and employers in this
   14         state; requiring the department to establish on its
   15         website a clearinghouse for information regarding the
   16         program and to publish a brochure describing the
   17         program; requiring, by a specified date, qualified
   18         public depositories to make copies of the department’s
   19         brochure available and provide a hyperlink on their
   20         websites to the department’s website for the program;
   21         providing that qualified public depositories are not
   22         subject to civil liability arising from the
   23         distribution and contents of the brochure and the
   24         program website information; amending s. 20.60, F.S.;
   25         revising requirements for the Department of Economic
   26         Opportunity’s annual report to conform to changes made
   27         by the act; reordering and amending s. 110.107, F.S.;
   28         revising definitions and defining the term “individual
   29         who has a disability”; amending s. 110.112, F.S.;
   30         revising the state’s equal employment opportunity
   31         policy to include individuals who have a disability;
   32         requiring each executive agency to annually report to
   33         the Department of Management Services regarding the
   34         agency’s progress in increasing employment among
   35         certain underrepresented groups; revising the required
   36         content of the department’s annual workforce report;
   37         requiring the department to develop and implement
   38         certain programs geared toward individuals who have a
   39         disability; requiring the department to develop
   40         training programs by a specified date; requiring each
   41         executive agency to develop a plan regarding the
   42         employment of individuals who have a disability by a
   43         specified date; requiring the department to report to
   44         the Governor and the Legislature regarding
   45         implementation; requiring the department to compile
   46         and post data regarding the hiring practices of
   47         executive agencies regarding the employment of
   48         individuals who have a disability; requiring the
   49         department to assist executive agencies in identifying
   50         strategies to retain employees who have a disability;
   51         requiring the department to adopt certain rules;
   52         specifying that the act does not create any
   53         enforceable right or benefit; amending s. 280.16,
   54         F.S.; requiring a qualified public depository to
   55         participate in the Financial Literacy Program for
   56         Individuals with Developmental Disabilities; amending
   57         s. 393.063, F.S.; revising the definition of the term
   58         “developmental disability” to include Down syndrome;
   59         creating the “Employment First Act”; providing
   60         legislative findings and intent; providing a purpose;
   61         requiring specified state agencies and organizations
   62         to develop and implement an interagency cooperative
   63         agreement; requiring the interagency cooperative
   64         agreement to provide the roles, responsibilities, and
   65         objectives of state agencies and organizations;
   66         requiring the Department of Economic Opportunity, in
   67         consultation with other entities, to create the
   68         Florida Unique Abilities Partner Program; defining
   69         terms; authorizing a business entity to apply to the
   70         department for designation; requiring the department
   71         to consider nominations of business entities for
   72         designation; requiring the department to adopt
   73         procedures for application, nomination, and
   74         designation processes; establishing criteria for a
   75         business entity to be designated as a Florida Unique
   76         Abilities Partner; requiring a business entity to
   77         certify that it continues to meet the established
   78         criteria for designation each year; requiring the
   79         department to remove the designation if a business
   80         entity does not submit yearly certification of
   81         continued eligibility; authorizing a business entity
   82         to discontinue its designated status; requiring the
   83         department, in consultation with the disability
   84         community, to develop a logo for business entities
   85         designated as Florida Unique Abilities Partners;
   86         requiring the department to adopt guidelines and
   87         requirements for the use of the logo; authorizing the
   88         department to allow a designated business entity to
   89         display a logo; prohibiting the use of a logo if a
   90         business entity does not have a current designation;
   91         requiring the department to maintain a website with
   92         specified information; requiring the Agency for
   93         Persons with Disabilities to provide a link on its
   94         website to the department’s website for the program;
   95         requiring the department to provide the Florida
   96         Tourism Industry Marketing Corporation with certain
   97         information; requiring the department and CareerSource
   98         Florida, Inc., to identify employment opportunities
   99         posted by business entities that receive the Florida
  100         Unique Abilities Partner designation on the workforce
  101         information system; requiring a report to the
  102         Legislature; providing report requirements; requiring
  103         the department to adopt rules; providing
  104         appropriations; providing effective dates.
  106  Be It Enacted by the Legislature of the State of Florida:
  108         Section 1. Section 17.68, Florida Statutes, is created to
  109  read:
  110         17.68Financial Literacy Program for Individuals with
  111  Developmental Disabilities.—
  112         (1) The Legislature finds that the state has a compelling
  113  interest in promoting the economic independence and successful
  114  employment of individuals with developmental disabilities as
  115  defined in s. 393.063. In comparison with the general
  116  population, individuals with developmental disabilities
  117  experience lower rates of educational achievement, employment,
  118  and annual earnings and are more likely to live in poverty.
  119  Additionally, such individuals must navigate a complex network
  120  of federal and state programs in order to be eligible for
  121  financial and health benefits. Thus, it is essential that these
  122  individuals have sufficient financial management knowledge and
  123  skills to effectively participate in benefit eligibility
  124  determination processes and make informed decisions regarding
  125  financial services and products provided by financial
  126  institutions. Enhancing the financial literacy of such
  127  individuals will provide a pathway for economic independence and
  128  successful employment.
  129         (2) The Financial Literacy Program for Individuals with
  130  Developmental Disabilities is established within the Department
  131  of Financial Services. The department, in consultation with
  132  public and private stakeholders, shall develop and implement the
  133  program, which must be designed to promote the economic
  134  independence and successful employment of individuals with
  135  developmental disabilities. Banks, credit unions, savings
  136  associations, and savings banks will be key participants in the
  137  development and promotion of the program, which must provide
  138  information, resources, outreach, and education in the following
  139  areas:
  140         (a) For individuals with developmental disabilities:
  141         1.Financial education, including instruction on money
  142  management skills and the effective use of financial services
  143  and products, to promote income preservation and asset
  144  development.
  145         2. Identification of available financial and health benefit
  146  programs and services.
  147         3. Job training programs and employment opportunities,
  148  including work incentives and state and local workforce
  149  development programs.
  150         4. The impact of earnings and assets on eligibility for
  151  federal and state financial and health benefit programs, and
  152  options to manage such impact.
  153         (b) For employers in this state, strategies to make program
  154  information and educational materials available to their
  155  employees with developmental disabilities.
  156         (3)Effective October 1, 2016, the department shall:
  157         (a)Establish on its website a clearinghouse for
  158  information regarding the program and other resources available
  159  for individuals with developmental disabilities and their
  160  employers.
  161         (b) Publish a brochure describing the program, which is
  162  also accessible on its website.
  163         (4) Within 90 days after the department establishes the
  164  website clearinghouse and publishes the brochure, each bank,
  165  savings association, and savings bank that is a qualified public
  166  depository as defined in s. 280.02 shall:
  167         (a) Make copies of the department’s brochures available,
  168  upon the request of the consumer, at its principal place of
  169  business and each branch office located in this state which has
  170  in-person teller services by having copies of the brochure
  171  available or having the capability to print a copy of the
  172  brochure from the department’s website. Upon request, the
  173  department shall provide copies of the brochure to a bank,
  174  savings association, or savings bank.
  175         (b) Provide on its website a hyperlink to the department’s
  176  website clearinghouse. If the department changes the website
  177  address for the clearinghouse, the bank, savings association, or
  178  savings bank must update the hyperlink within 90 days after
  179  notification by the department of such change.
  180         (5) A participating qualified public depository is not
  181  subject to civil liability arising from the distribution or
  182  nondistribution of the brochure or program website information.
  183  The contents of the brochure or the program website information
  184  may not be attributed to a participating qualified public
  185  depository by virtue of its distribution, and do not constitute
  186  financial or investment advice by, nor create a fiduciary duty
  187  on, the participating qualified public depository to the
  188  recipient.
  189         Section 2. Effective January 1, 2017, paragraph (b) of
  190  subsection (10) of section 20.60, Florida Statutes, is amended
  191  to read:
  192         20.60 Department of Economic Opportunity; creation; powers
  193  and duties.—
  194         (10) The department, with assistance from Enterprise
  195  Florida, Inc., shall, by November 1 of each year, submit an
  196  annual report to the Governor, the President of the Senate, and
  197  the Speaker of the House of Representatives on the condition of
  198  the business climate and economic development in the state.
  199         (b) The report must incorporate annual reports of other
  200  programs, including:
  201         1. The displaced homemaker program established under s.
  202  446.50.
  203         2. Information provided by the Department of Revenue under
  204  s. 290.014.
  205         3. Information provided by enterprise zone development
  206  agencies under s. 290.0056 and an analysis of the activities and
  207  accomplishments of each enterprise zone.
  208         4. The Economic Gardening Business Loan Pilot Program
  209  established under s. 288.1081 and the Economic Gardening
  210  Technical Assistance Pilot Program established under s.
  211  288.1082.
  212         5. A detailed report of the performance of the Black
  213  Business Loan Program and a cumulative summary of quarterly
  214  report data required under s. 288.714.
  215         6. The Rural Economic Development Initiative established
  216  under s. 288.0656.
  217         7. The Florida Unique Abilities Partner Program.
  218         Section 3. Section 110.107, Florida Statutes, is reordered
  219  and amended to read:
  220         110.107 Definitions.—As used in this chapter, the term:
  221         (5)(1) “Department” means the Department of Management
  222  Services.
  223         (28)(2) “Secretary” means the Secretary of Management
  224  Services.
  225         (11)(3) “Furlough” means a temporary reduction in the
  226  regular hours of employment in a pay period, or temporary leave
  227  without pay for one or more pay periods, with a commensurate
  228  reduction in pay, which is necessitated by a projected deficit
  229  in any fund that supports salary and benefit appropriations. The
  230  deficit must be projected by the Revenue Estimating Conference
  231  pursuant to s. 216.136(3).
  232         (30)(4) “State agency” or “agency” means any official,
  233  officer, commission, board, authority, council, committee, or
  234  department of the executive branch or the judicial branch of
  235  state government as defined in chapter 216.
  236         (21)(5) “Position” means the work, consisting of duties and
  237  responsibilities, assigned to be performed by an officer or
  238  employee.
  239         (10)(6) “Full-time position” means a position authorized
  240  for the entire normally established work period, whether daily,
  241  weekly, monthly, or annually.
  242         (18)(7) “Part-time position” means a position authorized
  243  for less than the entire normally established work period,
  244  whether daily, weekly, monthly, or annually.
  245         (16)(8) “Occupation” means all positions that which are
  246  sufficiently similar in knowledge, skills, and abilities, and
  247  the sufficiently similar as to kind or subject matter of work.
  248         (17)(9) “Occupational group” means a group of occupations
  249  that which are sufficiently similar in the kind of work
  250  performed to warrant the use of the same performance factors in
  251  determining the level of complexity for all occupations in that
  252  occupational group.
  253         (3)(10) “Classification plan” means a formal description of
  254  the concepts, rules, job family definitions, occupational group
  255  characteristics, and occupational profiles used in the
  256  classification of positions.
  257         (20)(11) “Pay plan” means a formal description of the
  258  philosophy, methods, procedures, and salary schedules for
  259  competitively compensating employees at market-based rates for
  260  work performed.
  261         (27)(12) “Salary schedule” means an official document that
  262  which contains a complete list of occupation titles, broadband
  263  level codes, and pay bands.
  264         (1)(13) “Authorized position” means a position included in
  265  an approved budget. In counting the number of authorized
  266  positions, part-time positions may be converted to full-time
  267  equivalents.
  268         (8)(14) “Established position” means an authorized position
  269  that which has been classified in accordance with a
  270  classification and pay plan as provided by law.
  271         (22)(15) “Position number” means the identification number
  272  assigned to an established position.
  273         (26)(16) “Reclassification” means the changing of an
  274  established position in one broadband level in an occupational
  275  group to a higher or lower broadband level in the same
  276  occupational group or to a broadband level in a different
  277  occupational group.
  278         (24)(17) “Promotion” means the changing of the
  279  classification of an employee to a broadband level having a
  280  higher maximum salary; or the changing of the classification of
  281  an employee to a broadband level having the same or a lower
  282  maximum salary but a higher level of responsibility.
  283         (4)(18) “Demotion” means the changing of the classification
  284  of an employee to a broadband level having a lower maximum
  285  salary; or the changing of the classification of an employee to
  286  a broadband level having the same or a higher maximum salary but
  287  a lower level of responsibility.
  288         (32)(19) “Transfer” means moving an employee from one
  289  geographic location of the state to a different geographic
  290  location more than in excess of 50 miles from the employee’s
  291  current work location.
  292         (25)(20) “Reassignment” means moving an employee from a
  293  position in one broadband level to a different position in the
  294  same broadband level or to a different broadband level having
  295  the same maximum salary.
  296         (6)(21) “Dismissal” means a disciplinary action taken by an
  297  agency pursuant to s. 110.227 against an employee which results
  298  resulting in the termination of his or her employment.
  299         (31)(22) “Suspension” means a disciplinary action taken by
  300  an agency pursuant to s. 110.227 against an employee which to
  301  temporarily relieves relieve the employee of his or her duties
  302  and places place him or her on leave without pay.
  303         (15)(23) “Layoff” means termination of employment due to a
  304  shortage of funds or work, or a material change in the duties or
  305  organization of an agency, including the outsourcing or
  306  privatization of an activity or function previously performed by
  307  career service employees.
  308         (7)(24) “Employing agency” means any agency authorized to
  309  employ personnel to carry out the responsibilities of the agency
  310  under the provisions of chapter 20 or other law statutory
  311  authority.
  312         (29)(25) “Shared employment” means part-time career
  313  employment in which whereby the duties and responsibilities of a
  314  full-time position in the career service are divided among part
  315  time employees who are eligible for the position and who receive
  316  career service benefits and wages pro rata. The term does not In
  317  no case shall “shared employment” include the employment of
  318  persons paid from other-personal-services funds.
  319         (9)(26) “Firefighter” means a firefighter certified under
  320  chapter 633.
  321         (14)(27) “Law enforcement or correctional officer” means a
  322  law enforcement officer, special agent, correctional officer,
  323  correctional probation officer, or institutional security
  324  specialist required to be certified under chapter 943.
  325         (23)(28) “Professional health care provider” means
  326  registered nurses, physician’s assistants, dentists,
  327  psychologists, nutritionists or dietitians, pharmacists,
  328  psychological specialists, physical therapists, and speech and
  329  hearing therapists.
  330         (13)(29) “Job family” means a defined grouping of one or
  331  more occupational groups.
  332         (19)(30) “Pay band” means the minimum salary, the maximum
  333  salary, and intermediate rates that which are payable for work
  334  in a specific broadband level.
  335         (2)(31) “Broadband level” means all positions that which
  336  are sufficiently similar in knowledge, skills, and abilities;
  337  the, and sufficiently similar as to kind or subject matter of
  338  work; the, level of difficulty or the level of responsibility;
  339  responsibilities, and the qualification requirements of the work
  340  so as to warrant the same treatment with respect as to title,
  341  pay band, and other personnel transactions.
  342         (12) “Individual who has a disability” means a person who
  343  has a physical or intellectual impairment that substantially
  344  limits one or more major life activities; a person who has a
  345  history or record of such an impairment; or a person who is
  346  perceived by others as having such an impairment.
  347         Section 4. Subsections (1) and (2) of section 110.112,
  348  Florida Statutes, are amended, present subsections (3) through
  349  (6) of that section are redesignated as subsections (4) through
  350  (7), respectively, and a new subsection (3) is added to that
  351  section, to read:
  352         110.112 Affirmative action; equal employment opportunity.—
  353         (1) It is shall be the policy of this the state to assist
  354  in providing the assurance of equal employment opportunity
  355  through programs of affirmative and positive action that will
  356  allow full utilization of women, and minorities, and individuals
  357  who have a disability.
  358         (2)(a) The head of each executive agency shall develop and
  359  implement an affirmative action plan in accordance with rules
  360  adopted by the department and approved by a majority vote of the
  361  Administration Commission before their adoption.
  362         (b) Each executive agency shall establish annual goals for
  363  ensuring full utilization of groups underrepresented in the
  364  agency’s its workforce, including women, minorities, and
  365  individuals who have a disability, as compared to the relevant
  366  labor market, as defined by the agency. Each executive agency
  367  shall design its affirmative action plan to meet its established
  368  goals.
  369         (c) Each executive agency shall annually report to the
  370  department regarding the agency’s progress toward increasing
  371  employment among women, minorities, and individuals who have a
  372  disability.
  373         (d)(c) An affirmative action-equal employment opportunity
  374  officer shall be appointed by the head of each executive agency.
  375  The affirmative action-equal employment opportunity officer’s
  376  responsibilities must include determining annual goals,
  377  monitoring agency compliance, and providing consultation to
  378  managers regarding progress, deficiencies, and appropriate
  379  corrective action.
  380         (e)(d) The department shall report information in its
  381  annual workforce report relating to the implementation,
  382  continuance, updating, and results of each executive agency’s
  383  affirmative action plan for the previous fiscal year. The annual
  384  workforce report must also include data for each executive
  385  agency relating to employment levels among women, minorities,
  386  and individuals who have a disability.
  387         (f)(e) The department shall provide to all supervisory
  388  personnel of the executive agencies training in the principles
  389  of equal employment opportunity and affirmative action, the
  390  development and implementation of affirmative action plans, and
  391  the establishment of annual affirmative action goals. The
  392  department may contract for training services, and each
  393  participating agency shall reimburse the department for costs
  394  incurred through such contract. After the department approves
  395  the contents of the training program for the agencies, the
  396  department may delegate this training to the executive agencies.
  397         (3)(a) The department, in consultation with the Agency for
  398  Persons with Disabilities, the Division of Vocational
  399  Rehabilitation and the Division of Blind Services of the
  400  Department of Education, the Department of Economic Opportunity,
  401  and the Executive Office of the Governor, shall develop and
  402  implement programs that incorporate internships, mentoring, on
  403  the-job training, unpaid work experience, situational
  404  assessments, and other innovative strategies that are
  405  specifically geared toward individuals who have a disability.
  406         (b) By January 1, 2017, the department shall develop
  407  mandatory training programs for human resources personnel and
  408  hiring managers of executive agencies which support the
  409  employment of individuals who have a disability.
  410         (c)1. By January 1, 2017, each executive agency shall
  411  develop an agency-specific plan that addresses how to promote
  412  employment opportunities for individuals who have a disability.
  413         2. The department shall assist executive agencies in the
  414  implementation of agency-specific plans. The department shall
  415  regularly report to the Governor, the President of the Senate,
  416  and the Speaker of the House of Representatives the progress of
  417  executive agencies in implementing these plans. Such reports
  418  shall be made at least biannually.
  419         (d) The department shall compile data regarding the hiring
  420  practices of executive agencies with regard to individuals who
  421  have a disability and make such data available on its website.
  422         (e) The department shall assist executive agencies in
  423  identifying and implementing strategies for retaining employees
  424  who have a disability which include, but are not limited to,
  425  training programs, funding reasonable accommodations, increasing
  426  access to appropriate technologies, and ensuring accessibility
  427  of physical and virtual workplaces.
  428         (f) The department shall adopt rules relating to forms that
  429  provide for the voluntary self-identification of individuals who
  430  have a disability who are employed by an executive agency.
  431         (g) This subsection does not create any substantive or
  432  procedural right or benefit enforceable at law or in equity
  433  against the state or a state agency, or an officer, employee, or
  434  agent thereof.
  435         Section 5. Paragraph (e) is added to subsection (1) of
  436  section 280.16, Florida Statutes, to read:
  437         280.16 Requirements of qualified public depositories;
  438  confidentiality.—
  439         (1) In addition to any other requirements specified in this
  440  chapter, qualified public depositories shall:
  441         (e) Participate in the Financial Literacy Program for
  442  Individuals with Developmental Disabilities as required under s.
  443  17.68.
  444         Section 6. Subsection (9) of section 393.063, Florida
  445  Statutes, is amended to read:
  446         393.063 Definitions.—For the purposes of this chapter, the
  447  term:
  448         (9) “Developmental disability” means a disorder or syndrome
  449  that is attributable to intellectual disability, cerebral palsy,
  450  autism, Down syndrome, spina bifida, or Prader-Willi syndrome;
  451  that manifests before the age of 18; and that constitutes a
  452  substantial handicap that can reasonably be expected to continue
  453  indefinitely.
  454         Section 7. Employment First Act.—
  455         (1) SHORT TITLE.—This section may be cited as the
  456  “Employment First Act.”
  457         (2) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  458  that employment is the most direct and cost-effective means to
  459  assist an individual in achieving independence and fulfillment;
  460  however, individuals with disabilities are confronted by unique
  461  barriers to employment which inhibit their opportunities to
  462  compete fairly in the labor force. It is the intent of the
  463  Legislature to provide a framework for a long-term commitment to
  464  improving employment outcomes for individuals with disabilities
  465  in this state through the implementation of this act.
  466         (3) PURPOSE.—The purpose of this act is to prioritize
  467  employment of individuals with disabilities and to change the
  468  employment system to better integrate individuals with
  469  disabilities into the workforce. This act encourages a
  470  collaborative effort between state agencies and organizations to
  471  achieve better employment outcomes for individuals with
  472  disabilities.
  473         (4) INTERAGENCY COOPERATIVE AGREEMENT.—The following state
  474  agencies and organizations, and others, as appropriate, shall
  475  develop an interagency cooperative agreement to implement this
  476  act:
  477         (a) The Division of Vocational Rehabilitation of the
  478  Department of Education.
  479         (b) The Division of Blind Services of the Department of
  480  Education.
  481         (c) The Bureau of Exceptional Education and Student
  482  Services of the Department of Education.
  483         (d) The Agency for Persons with Disabilities.
  484         (e) The Substance Abuse and Mental Health Program of the
  485  Department of Children and Families.
  486         (f) The Department of Economic Opportunity.
  487         (g) CareerSource Florida, Inc.
  488         (h) The Florida Developmental Disabilities Council.
  489         (i) The Florida Association of Rehabilitation Facilities.
  490         (j) Other appropriate organizations.
  492  interagency cooperative agreement must identify the roles and
  493  responsibilities of the state agencies and organizations
  494  identified in subsection (4) and the objectives of the
  495  interagency cooperative agreement, which must include all of the
  496  following:
  497         (a) Establishing a commitment by leadership of the state
  498  agencies and organizations to maximize resources and
  499  coordination to improve employment outcomes for individuals with
  500  disabilities who seek publicly funded services.
  501         (b) Developing strategic goals and benchmarks to assist the
  502  state agencies and organizations in the implementation of this
  503  agreement.
  504         (c) Identifying financing and contracting methods that will
  505  help to prioritize employment for individuals with disabilities
  506  by state agencies and organizations.
  507         (d) Establishing training methods to better integrate
  508  individuals with disabilities into the workforce.
  509         (e) Ensuring collaborative efforts between multiple
  510  agencies to achieve the purposes of this act.
  511         (f) Promoting service innovations to better assist
  512  individuals with disabilities in the workplace.
  513         (g) Identifying accountability measures to ensure the
  514  sustainability of this agreement.
  515         Section 8. Florida Unique Abilities Partner Program.—
  516         (1) CREATION AND PURPOSE.—The Department of Economic
  517  Opportunity shall establish the Florida Unique Abilities Partner
  518  Program to designate a business entity as a Florida Unique
  519  Abilities Partner if the business entity demonstrates
  520  commitment, through employment or support, to the independence
  521  of individuals who have a disability. The department shall
  522  consult with the Agency for Persons with Disabilities, the
  523  Division of Vocational Rehabilitation of the Department of
  524  Education, the Division of Blind Services of the Department of
  525  Education, and CareerSource Florida, Inc., in creating the
  526  program.
  527         (2) DEFINITIONS.—As used in this section, the term:
  528         (a) “Department” means the Department of Economic
  529  Opportunity.
  530         (b) “Individuals who have a disability” means persons who
  531  have a physical or intellectual impairment that substantially
  532  limits one or more major life activities, persons who have a
  533  history or record of such an impairment, or persons who are
  534  perceived by others as having such an impairment.
  535         (3) DESIGNATION.—
  536         (a) A business entity may apply to the department to be
  537  designated as a Florida Unique Abilities Partner, based on the
  538  business entity’s achievements in at least one of the following
  539  categories:
  540         1. Employment of individuals who have a disability.
  541         2. Contributions to local or national disability
  542  organizations.
  543         3. Contributions to, or the establishment of, a program
  544  that contributes to the independence of individuals who have a
  545  disability.
  546         (b) As an alternative to application by a business entity,
  547  the department must consider nominations from members of the
  548  community where the business entity is located. The nomination
  549  must identify the business entity’s achievements in at least one
  550  of the categories provided in paragraph (a).
  551         (c) The name, location, and contact information of the
  552  business entity must be included in the business entity’s
  553  application or nomination.
  554         (d) The department shall adopt procedures for the
  555  application, nomination, and designation processes for the
  556  Florida Unique Abilities Partner Program. Designation as a
  557  Florida Unique Abilities Partner does not establish or involve
  558  licensure, does not affect the substantial interests of a party,
  559  and does not constitute a final agency action. The Florida
  560  Unique Abilities Partner Program and designation are not subject
  561  to chapter 120, Florida Statutes.
  562         (4)ELIGIBILITY AND AWARD.—In determining the eligibility
  563  for the designation of a business entity as a Florida Unique
  564  Abilities Partner, the department shall consider, at a minimum,
  565  the following criteria:
  566         (a)For a designation based on an application by a business
  567  entity, the business entity must certify that:
  568         1. It employs at least one individual who has a disability.
  569  Such employees must be residents of this state and must have
  570  been employed by the business entity for at least 9 months
  571  before the business entity’s application for the designation.
  572  The department may not require the employer to provide
  573  personally identifiable information about its employees;
  574         2.It has made contributions to local and national
  575  disability organizations or contributions in support of
  576  individuals who have a disability. Contributions may be
  577  accomplished through financial or in-kind contributions,
  578  including employee volunteer hours. Contributions must be
  579  documented by providing copies of written receipts or letters of
  580  acknowledgment from recipients or donees. A business entity with
  581  100 or fewer employees must make a financial or in-kind
  582  contribution of at least $1,000, and a business entity with more
  583  than 100 employees must make a financial or in-kind contribution
  584  of at least $5,000; or
  585         3. It has established, or has contributed to the
  586  establishment of, a program that contributes to the independence
  587  of individuals who have a disability. Contributions must be
  588  documented by providing copies of written receipts, a summary of
  589  the program, program materials, or letters of acknowledgment
  590  from program participants or volunteers. A business entity with
  591  100 or fewer employees must make a financial or in-kind
  592  contribution of at least $1,000 in the program, and a business
  593  entity with more than 100 employees must make a financial or in
  594  kind contribution of at least $5,000.
  596  A business entity that applies to the department to be
  597  designated as a Florida Unique Abilities Partner shall be
  598  awarded the designation upon meeting the requirements of this
  599  section.
  600         (b) For a designation based upon receipt of a nomination of
  601  a business entity:
  602         1. The department shall determine whether the nominee,
  603  based on the information provided by the nominating person or
  604  entity, meets the requirements of paragraph (a). The department
  605  may request additional information from the nominee.
  606         2. If the nominee meets the requirements, the department
  607  shall provide notice, including the qualification criteria
  608  provided in the nomination, to the nominee regarding the
  609  nominee’s eligibility to be awarded a designation as a Florida
  610  Unique Abilities Partner.
  611         3. The nominee shall be provided 30 days after receipt of
  612  the notice to certify that the information in the notice is true
  613  and accurate and accept the nomination, to provide corrected
  614  information for consideration by the department and indicate an
  615  intention to accept the nomination, or to decline the
  616  nomination. If the nominee accepts the nomination, the
  617  department shall award the designation. The department may not
  618  award the designation if the nominee declines the nomination or
  619  has not accepted the nomination within 30 days of receiving
  620  notice.
  621         (5) ANNUAL CERTIFICATION.—After an initial designation as a
  622  Florida Unique Abilities Partner, a business entity must certify
  623  each year that it continues to meet the criteria for the
  624  designation. If the business entity does not submit the yearly
  625  certification of continued eligibility, the department shall
  626  remove the designation. The business entity may elect to
  627  discontinue its designation status at any time by notifying the
  628  department of such decision.
  629         (6) LOGO DEVELOPMENT.—
  630         (a) The department, in consultation with members of the
  631  disability community, shall develop a logo that identifies a
  632  business entity that is designated as a Florida Unique Abilities
  633  Partner.
  634         (b) The department shall adopt guidelines and requirements
  635  for the use of the logo, including how the logo may be used in
  636  advertising. The department may allow a business entity to
  637  display a Florida Unique Abilities Partner logo upon
  638  designation. A business entity that has not been designated as a
  639  Florida Unique Abilities Partner or has elected to discontinue
  640  its designated status may not display the logo.
  641         (7) WEBSITE.—The department shall maintain a website for
  642  the program. At a minimum, the website must provide a list of
  643  business entities, by county, which currently have the Florida
  644  Unique Abilities Partner designation, updated quarterly;
  645  information regarding the eligibility requirements for the
  646  designation and the method of application or nomination; and
  647  best practices for business entities to facilitate the inclusion
  648  of individuals who have a disability, updated annually. The
  649  website may provide links to the websites of organizations or
  650  other resources that will aid business entities to employ or
  651  support individuals who have a disability.
  653         (a) The Agency for Persons with Disabilities shall provide
  654  a link on its website to the department’s website for the
  655  Florida Unique Abilities Partner Program.
  656         (b) On a quarterly basis, the department shall provide the
  657  Florida Tourism Industry Marketing Corporation with a current
  658  list of all businesses that are designated as Florida Unique
  659  Abilities Partners. The Florida Tourism Industry Marketing
  660  Corporation must consider the Florida Unique Abilities Partner
  661  Program in the development of marketing campaigns, and
  662  specifically in any targeted marketing campaign for individuals
  663  who have a disability or their families.
  664         (c) The department and CareerSource Florida, Inc., shall
  665  identify employment opportunities posted by business entities
  666  that currently have the Florida Unique Abilities Partner
  667  designation on the workforce information system under s.
  668  445.011, Florida Statutes.
  669         (9)REPORT.—
  670         (a) By January 1, 2017, the department shall provide a
  671  report to the President of the Senate and the Speaker of the
  672  House of Representatives on the status of the implementation of
  673  this section, including the adoption of rules, development of
  674  the logo, and development of application procedures.
  675         (b) Beginning in 2017 and each year thereafter, the
  676  department’s annual report required under s. 20.60, Florida
  677  Statutes, must describe in detail the progress and use of the
  678  program. At a minimum, the report must include, for the most
  679  recent year: the number of applications and nominations
  680  received; the number of nominations accepted and declined; the
  681  number of designations awarded; annual certifications; the use
  682  of information provided under subsection (8); and any other
  683  information deemed necessary to evaluate the program.
  684         (10) RULES.—The department shall adopt rules to administer
  685  this section.
  686         Section 9. For the 2016-2017 fiscal year, the sum of
  687  $69,570 in recurring funds from the Insurance Regulatory Trust
  688  Fund is appropriated to the Consumer Assistance Program within
  689  the Department of Financial Services for the purpose of
  690  implementing the Financial Literacy Program for Individuals with
  691  Developmental Disabilities created by this act.
  692         Section 10. For the 2016-2017 fiscal year, the following
  693  sums are appropriated for the purpose of implementing the
  694  amendments made by this act to s. 110.112, Florida Statutes,
  695  relating to the employment of individuals who have a disability:
  696         (1) The sums of $138,692 in recurring funds and $26,264 in
  697  nonrecurring funds are appropriated from the State Personnel
  698  System Trust Fund to the Department of Management Services, and
  699  two full-time equivalent positions with associated salary rate
  700  of 92,762 are authorized.
  701         (2) The recurring sums of $74,234 from the General Revenue
  702  Fund and $64,458 from trust funds and the nonrecurring sums of
  703  $14,051 from the General Revenue Fund and $12,213 from trust
  704  funds are appropriated to Administered Funds for distribution
  705  among agencies for the increase in the human resource
  706  assessment.
  707         Section 11. For the 2016-2017 fiscal year, the sums of
  708  $100,000 in recurring funds and $100,000 in nonrecurring funds
  709  from the Special Employment Security Administration Trust Fund
  710  are appropriated to the Department of Economic Opportunity, for
  711  the purpose of funding the development, implementation, and
  712  administration of the Florida Unique Abilities Partner Program
  713  created by this act.
  714         Section 12. Except as otherwise expressly provided in this
  715  act, this act shall take effect July 1, 2016.