Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1758
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/31/2024           .                                
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       The Committee on Fiscal Policy (Brodeur) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 323 and 324
    4  insert:
    5         Section 4. Type two transfer from the Department of
    6  Commerce.—All powers, duties, functions, records, offices,
    7  personnel, associated administrative support positions,
    8  property, pending issues, existing contracts, administrative
    9  authority, administrative rules, and unexpended balances of
   10  appropriations, allocations, and any other funds relating to the
   11  Florida Unique Abilities Partner Program are transferred by a
   12  type two transfer, as described in s. 20.06(2), Florida
   13  Statutes, from the Department of Commerce to the Agency for
   14  Persons with Disabilities.
   15         Section 5. Paragraph (c) of subsection (10) of section
   16  20.60, Florida Statutes, is amended to read:
   17         20.60 Department of Commerce; creation; powers and duties.—
   18         (10) The department shall, by November 1 of each year,
   19  submit an annual report to the Governor, the President of the
   20  Senate, and the Speaker of the House of Representatives on the
   21  condition of the business climate and economic development in
   22  the state.
   23         (c) The report must incorporate annual reports of other
   24  programs, including:
   25         1. A detailed report of the performance of the Black
   26  Business Loan Program and a cumulative summary of quarterly
   27  report data required under s. 288.714.
   28         2. The Rural Economic Development Initiative established
   29  under s. 288.0656.
   30         3. The Florida Unique Abilities Partner Program.
   31         4. A detailed report of the performance of the Florida
   32  Development Finance Corporation and a summary of the
   33  corporation’s report required under s. 288.9610.
   34         4.5. Information provided by Space Florida under s.
   35  331.3051 and an analysis of the activities and accomplishments
   36  of Space Florida.
   37         Section 6. Section 413.801, Florida Statutes, is amended to
   38  read:
   39         413.801 Florida Unique Abilities Partner Program.—
   40         (1) CREATION AND PURPOSE.—The Agency for Persons with
   41  Disabilities Department of Economic Opportunity shall establish
   42  the Florida Unique Abilities Partner Program to designate a
   43  business entity as a Florida Unique Abilities Partner if the
   44  business entity demonstrates commitment, through employment or
   45  support, to the independence of individuals who have a
   46  disability. The agency department shall consult with the
   47  Department of Commerce Agency for Persons with Disabilities, the
   48  Division of Vocational Rehabilitation of the Department of
   49  Education, the Division of Blind Services of the Department of
   50  Education, and CareerSource Florida, Inc., in creating the
   51  program.
   52         (2) DEFINITIONS.—As used in this section, the term:
   53         (a) “Agency Department” means the Agency for Persons with
   54  Disabilities Department of Economic Opportunity.
   55         (b) “Individuals who have a disability” means persons who
   56  have a physical or intellectual impairment that substantially
   57  limits one or more major life activities, persons who have a
   58  history or record of such an impairment, or persons who are
   59  perceived by others as having such an impairment.
   60         (3) DESIGNATION.—
   61         (a) A business entity may apply to the agency department to
   62  be designated as a Florida Unique Abilities Partner, based on
   63  the business entity’s achievements in at least one of the
   64  following categories:
   65         1. Employment of individuals who have a disability.
   66         2. Contributions to local or national disability
   67  organizations.
   68         3. Contributions to, or the establishment of, a program
   69  that contributes to the independence of individuals who have a
   70  disability.
   71         (b) As an alternative to application by a business entity,
   72  the agency department must consider nominations from members of
   73  the community where the business entity is located. The
   74  nomination must identify the business entity’s achievements in
   75  at least one of the categories provided in paragraph (a).
   76         (c) The name, location, and contact information of the
   77  business entity must be included in the business entity’s
   78  application or nomination.
   79         (d) The agency department shall adopt procedures for the
   80  application, nomination, and designation processes for the
   81  Florida Unique Abilities Partner Program. Designation as a
   82  Florida Unique Abilities Partner does not establish or involve
   83  licensure, does not affect the substantial interests of a party,
   84  and does not constitute a final agency action. The Florida
   85  Unique Abilities Partner Program and designation are not subject
   86  to chapter 120.
   87         (4) ELIGIBILITY AND AWARD.—In determining the eligibility
   88  for the designation of a business entity as a Florida Unique
   89  Abilities Partner, the agency department shall consider, at a
   90  minimum, the following criteria:
   91         (a) For a designation based on an application by a business
   92  entity, the business entity must certify that:
   93         1. It employs at least one individual who has a disability.
   94  Such employees must be residents of this state and must have
   95  been employed by the business entity for at least 9 months
   96  before the business entity’s application for the designation.
   97  The agency department may not require the employer to provide
   98  personally identifiable information about its employees;
   99         2. It has made contributions to local and national
  100  disability organizations or contributions in support of
  101  individuals who have a disability. Contributions may be
  102  accomplished through financial or in-kind contributions,
  103  including employee volunteer hours. Contributions must be
  104  documented by providing copies of written receipts or letters of
  105  acknowledgment from recipients or donees. A business entity with
  106  100 or fewer employees must make a financial or in-kind
  107  contribution of at least $1,000, and a business entity with more
  108  than 100 employees must make a financial or in-kind contribution
  109  of at least $5,000; or
  110         3. It has established, or has contributed to the
  111  establishment of, a program that contributes to the independence
  112  of individuals who have a disability. Contributions must be
  113  documented by providing copies of written receipts, a summary of
  114  the program, program materials, or letters of acknowledgment
  115  from program participants or volunteers. A business entity with
  116  100 or fewer employees must make a financial or in-kind
  117  contribution of at least $1,000 in the program, and a business
  118  entity with more than 100 employees must make a financial or in
  119  kind contribution of at least $5,000.
  120  
  121  A business entity that applies to the agency department to be
  122  designated as a Florida Unique Abilities Partner shall be
  123  awarded the designation upon meeting the requirements of this
  124  section.
  125         (b) For a designation based upon receipt of a nomination of
  126  a business entity:
  127         1. The agency department shall determine whether the
  128  nominee, based on the information provided by the nominating
  129  person or entity, meets the requirements of paragraph (a). The
  130  agency department may request additional information from the
  131  nominee.
  132         2. If the nominee meets the requirements, the agency
  133  department shall provide notice, including the qualification
  134  criteria provided in the nomination, to the nominee regarding
  135  the nominee’s eligibility to be awarded a designation as a
  136  Florida Unique Abilities Partner.
  137         3. The nominee shall be provided 30 days after receipt of
  138  the notice to certify that the information in the notice is true
  139  and accurate and accept the nomination, to provide corrected
  140  information for consideration by the agency department and
  141  indicate an intention to accept the nomination, or to decline
  142  the nomination. If the nominee accepts the nomination, the
  143  agency department shall award the designation. The agency
  144  department may not award the designation if the nominee declines
  145  the nomination or has not accepted the nomination within 30 days
  146  after receiving notice.
  147         (5) ANNUAL CERTIFICATION.—After an initial designation as a
  148  Florida Unique Abilities Partner, a business entity must certify
  149  each year that it continues to meet the criteria for the
  150  designation. If the business entity does not submit the yearly
  151  certification of continued eligibility, the agency department
  152  shall remove the designation. The business entity may elect to
  153  discontinue its designation status at any time by notifying the
  154  agency department of such decision.
  155         (6) LOGO DEVELOPMENT.—
  156         (a) The agency department, in consultation with members of
  157  the disability community, shall develop a logo that identifies a
  158  business entity that is designated as a Florida Unique Abilities
  159  Partner.
  160         (b) The agency department shall adopt guidelines and
  161  requirements for the use of the logo, including how the logo may
  162  be used in advertising. The agency department may allow a
  163  business entity to display a Florida Unique Abilities Partner
  164  logo upon designation. A business entity that has not been
  165  designated as a Florida Unique Abilities Partner or has elected
  166  to discontinue its designated status may not display the logo.
  167         (7) WEBSITE.—The agency department shall maintain a website
  168  for the program. At a minimum, the website must provide a list
  169  of business entities, by county, which currently have the
  170  Florida Unique Abilities Partner designation, updated quarterly;
  171  information regarding the eligibility requirements for the
  172  designation and the method of application or nomination; and
  173  best practices for business entities to facilitate the inclusion
  174  of individuals who have a disability, updated annually. The
  175  website may provide links to the websites of organizations or
  176  other resources that will aid business entities to employ or
  177  support individuals who have a disability.
  178         (8) INTERAGENCY COLLABORATION.—
  179         (a) The Department of Commerce Agency for Persons with
  180  Disabilities shall provide a link on its website to the agency’s
  181  department’s website for the Florida Unique Abilities Partner
  182  Program.
  183         (b) On a quarterly basis, the agency department shall
  184  provide the Florida Tourism Industry Marketing Corporation with
  185  a current list of all businesses that are designated as Florida
  186  Unique Abilities Partners. The Florida Tourism Industry
  187  Marketing Corporation must consider the Florida Unique Abilities
  188  Partner Program in the development of marketing campaigns, and
  189  specifically in any targeted marketing campaign for individuals
  190  who have a disability or their families.
  191         (c) The agency department and CareerSource Florida, Inc.,
  192  shall identify employment opportunities posted by business
  193  entities that currently have the Florida Unique Abilities
  194  Partner designation in the workforce information system under s.
  195  445.011.
  196         (9) REPORT.—
  197         (a) By January 1, 2025, and annually thereafter 2017, the
  198  agency department shall provide a report on the progress and use
  199  of the program to the President of the Senate and the Speaker of
  200  the House of Representatives on the status of the implementation
  201  of this section, including the adoption of rules, development of
  202  the logo, and development of application procedures.
  203         (b) Beginning in 2017 and each year thereafter, the
  204  department’s annual report required under s. 20.60 must describe
  205  in detail the progress and use of the program. At a minimum, the
  206  report must include, for the most recent year, all of the
  207  following:
  208         (a) The number of applications and nominations received.;
  209         (b) The number of nominations accepted and declined.;
  210         (c) The number of designations awarded.;
  211         (d) Annual certifications.;
  212         (e) The use of information provided under subsection (8).;
  213  and
  214         (f) Any other information the agency deems deemed necessary
  215  to evaluate the program.
  216         (10) RULES.—The agency department shall adopt rules to
  217  administer this section.
  218  
  219  ================= T I T L E  A M E N D M E N T ================
  220  And the title is amended as follows:
  221         Delete line 29
  222  and insert:
  223         individual support plan; providing for a type two
  224         transfer of the Florida Unique Abilities Partner
  225         Program from the Department of Commerce to the Agency
  226         for Persons with Disabilities; amending ss. 20.60 and
  227         413.801, F.S.; conforming provisions to changes made
  228         by the act; providing appropriations;