Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 136
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
11/13/2019 .
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Appropriations Subcommittee on Health and Human Services (Bean)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 409.1664, Florida Statutes, is amended
6 to read:
7 409.1664 Adoption benefits for qualifying adoptive
8 employees of state agencies, veterans, and servicemembers.—
9 (1) As used in this section, the term:
10 (a) “Child within the child welfare system” has the same
11 meaning as provided in s. 409.166.
12 (b) “Qualifying adoptive employee” means a full-time or
13 part-time employee of a state agency, a charter school
14 established under s. 1002.33, or the Florida Virtual School
15 established under s. 1002.37, who is not an independent
16 contractor paid from regular salary appropriations, or otherwise
17 meets his or her employer’s definition of a regular rather than
18 temporary employee, and who adopts a child within the child
19 welfare system pursuant to chapter 63 on or after July 1, 2015.
20 The term includes instructional personnel, as defined in s.
21 1012.01, who are employed by the Florida School for the Deaf and
22 the Blind, and includes other-personal-services employees who
23 have been continuously employed full time or part time by a
24 state agency for at least 1 year.
25 (c) “Servicemember” has the same meaning as in s.
26 250.01(19).
27 (d) “State agency” means a branch, department, or agency of
28 state government for which the Chief Financial Officer processes
29 payroll requisitions, a state university or Florida College
30 System institution as defined in s. 1000.21, a school district
31 unit as defined in s. 1001.30, or a water management district as
32 defined in s. 373.019.
33 (e) “Veteran” has the same meaning as in s. 1.01(14).
34 (2) A qualifying adoptive employee, veteran, or
35 servicemember who adopts a child within the child welfare system
36 who has special needs described in s. 409.166(2)(a)2. is
37 eligible to receive a lump-sum monetary benefit in the amount of
38 $10,000 per such child, subject to applicable taxes. A
39 qualifying adoptive employee, veteran, or servicemember who
40 adopts a child within the child welfare system who does not have
41 special needs described in s. 409.166(2)(a)2. is eligible to
42 receive a lump-sum monetary benefit in the amount of $5,000 per
43 such child, subject to applicable taxes. A qualifying adoptive
44 employee of a charter school or the Florida Virtual School may
45 retroactively apply for the monetary benefit provided in this
46 subsection if such employee was employed by a charter school or
47 the Florida Virtual School when he or she adopted a child within
48 the child welfare system pursuant to chapter 63 on or after July
49 1, 2015. A veteran or servicemember may apply for the monetary
50 benefit provided in this subsection if he or she is domiciled in
51 this state and adopts a child within the child welfare system
52 pursuant to chapter 63 on or after July 1, 2020.
53 (a) Benefits paid to a qualifying adoptive employee who is
54 a part-time employee must be prorated based on the qualifying
55 adoptive employee’s full-time equivalency at the time of
56 applying for the benefits.
57 (b) Monetary benefits awarded under this subsection are
58 limited to one award per adopted child within the child welfare
59 system.
60 (c) The payment of a lump-sum monetary benefit for adopting
61 a child within the child welfare system under this section is
62 subject to a specific appropriation to the department for such
63 purpose.
64 (3) A qualifying adoptive employee must apply to his or her
65 agency head, or to his or her school director in the case of a
66 qualifying adoptive employee of a charter school or the Florida
67 Virtual School, to obtain the monetary benefit provided in
68 subsection (2). A veteran or servicemember must apply to the
69 department to obtain the benefit. Applications must be on forms
70 approved by the department and must include a certified copy of
71 the final order of adoption naming the applicant as the adoptive
72 parent. Monetary benefits shall be approved on a first-come,
73 first-served basis based upon the date that each fully completed
74 application is received by the department.
75 (4) This section does not preclude a qualifying adoptive
76 employee, veteran, or servicemember from receiving adoption
77 assistance for which he or she may qualify under s. 409.166 or
78 any other statute that provides financial incentives for the
79 adoption of children.
80 (5) Parental leave for a qualifying adoptive employee must
81 be provided in accordance with the personnel policies and
82 procedures of his or her employer.
83 (6) The department may adopt rules to administer this
84 section. The rules may provide for an application process such
85 as, but not limited to, an open enrollment period during which
86 qualifying adoptive employees, veterans, or servicemembers may
87 apply for monetary benefits under this section.
88 (7) The Chief Financial Officer shall disburse a monetary
89 benefit to a qualifying adoptive employee upon the department’s
90 submission of a payroll requisition. The Chief Financial Officer
91 shall transfer funds from the department to a state university,
92 a Florida College System institution, a school district unit, a
93 charter school, the Florida Virtual School, or a water
94 management district, as appropriate, to enable payment to the
95 qualifying adoptive employee through the payroll systems as long
96 as funds are available for such purpose.
97 (8) To receive an approved monetary benefit under this
98 section, a veteran or servicemember must be registered as a
99 vendor with the state.
100 (9) Each state agency shall develop a uniform procedure for
101 informing employees about this benefit and for assisting the
102 department in making eligibility determinations and processing
103 applications. Any procedure adopted by a state agency is valid
104 and enforceable if the procedure does not conflict with the
105 express terms of this section.
106 Section 2. This act shall take effect July 1, 2020.
107
108 ================= T I T L E A M E N D M E N T ================
109 And the title is amended as follows:
110 Delete everything before the enacting clause
111 and insert:
112 A bill to be entitled
113 An act relating to adoption benefits; amending s.
114 409.1664, F.S.; revising the definition of the term
115 “qualifying adoptive employee” with retroactive
116 applicability; defining the terms “servicemember” and
117 “veteran”; providing that adoptive servicemembers and
118 veterans are eligible to receive certain monetary
119 benefits; specifying eligibility criteria; requiring
120 servicemembers and veterans seeking a benefit to apply
121 to the Department of Children and Families; revising
122 construction; providing applicability of
123 servicemembers and veterans under certain department
124 rules; requiring servicemembers and veterans seeking a
125 benefit to be registered as a vendor with the state;
126 providing an effective date.