Bill Text: FL S0136 | 2020 | Regular Session | Comm Sub
Bill Title: Adoption Benefits
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-02-19 - Laid on Table, refer to CS/CS/HB 61 [S0136 Detail]
Download: Florida-2020-S0136-Comm_Sub.html
Florida Senate - 2020 CS for SB 136 By the Committee on Appropriations; and Senators Bean, Harrell, and Perry 576-03163-20 2020136c1 1 A bill to be entitled 2 An act relating to adoption benefits; amending s. 3 409.1664, F.S.; revising the definition of the term 4 “qualifying adoptive employee” and providing for 5 retroactive application; defining the terms 6 “servicemember” and “veteran”; providing that adoptive 7 servicemembers and veterans are eligible to receive 8 certain monetary benefits; specifying eligibility 9 criteria; requiring servicemembers and veterans 10 seeking a benefit to apply to the Department of 11 Children and Families; revising construction; 12 providing for applicability of certain department 13 rules to servicemembers and veterans; requiring 14 servicemembers and veterans seeking a benefit to be 15 registered as a vendor with the state; providing an 16 effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 409.1664, Florida Statutes, is amended 21 to read: 22 409.1664 Adoption benefits for qualifying adoptive 23 employees of state agencies, veterans, and servicemembers.— 24 (1) As used in this section, the term: 25 (a) “Child within the child welfare system” has the same 26 meaning as provided in s. 409.166. 27 (b) “Qualifying adoptive employee” means a full-time or 28 part-time employee of a state agency, a charter school 29 established under s. 1002.33, or the Florida Virtual School 30 established under s. 1002.37, who is not an independent 31 contractorpaid from regular salary appropriations, or otherwise32meets his or her employer’s definition of a regular rather than33temporary employee,and who adopts a child within the child 34 welfare system pursuant to chapter 63 on or after July 1, 2015. 35 The term includes instructional personnel, as defined in s. 36 1012.01, who are employed by the Florida School for the Deaf and 37 the Blind, and includes other-personal-services employees who 38 have been continuously employed full time or part time by a 39 state agency for at least 1 year. 40 (c) “Servicemember” has the same meaning as in s. 41 250.01(19). 42 (d) “State agency” means a branch, department, or agency of 43 state government for which the Chief Financial Officer processes 44 payroll requisitions, a state university or Florida College 45 System institution as defined in s. 1000.21, a school district 46 unit as defined in s. 1001.30, or a water management district as 47 defined in s. 373.019. 48 (e) “Veteran” has the same meaning as in s. 1.01(14). 49 (2) A qualifying adoptive employee, veteran, or 50 servicemember who adopts a child within the child welfare system 51 who has special needs described in s. 409.166(2)(a)2. is 52 eligible to receive a lump-sum monetary benefit in the amount of 53 $10,000 per such child, subject to applicable taxes. A 54 qualifying adoptive employee, veteran, or servicemember who 55 adopts a child within the child welfare system who does not have 56 special needs described in s. 409.166(2)(a)2. is eligible to 57 receive a lump-sum monetary benefit in the amount of $5,000 per 58 such child, subject to applicable taxes. A qualifying adoptive 59 employee of a charter school or the Florida Virtual School may 60 retroactively apply for the monetary benefit provided in this 61 subsection if such employee was employed by a charter school or 62 the Florida Virtual School when he or she adopted a child within 63 the child welfare system pursuant to chapter 63 on or after July 64 1, 2015. A veteran or servicemember may apply for the monetary 65 benefit provided in this subsection if he or she is domiciled in 66 this state and adopts a child within the child welfare system 67 pursuant to chapter 63 on or after July 1, 2020. 68 (a) Benefits paid to a qualifying adoptive employee who is 69 a part-time employee must be prorated based on the qualifying 70 adoptive employee’s full-time equivalency at the time of 71 applying for the benefits. 72 (b) Monetary benefits awarded under this subsection are 73 limited to one award per adopted child within the child welfare 74 system. 75 (c) The payment of a lump-sum monetary benefit for adopting 76 a child within the child welfare system under this section is 77 subject to a specific appropriation to the department for such 78 purpose. 79 (3) A qualifying adoptive employee must apply to his or her 80 agency head, or to his or her school director in the case of a 81 qualifying adoptive employee of a charter school or the Florida 82 Virtual School, to obtain the monetary benefit provided in 83 subsection (2). A veteran or servicemember must apply to the 84 department to obtain the benefit. Applications must be on forms 85 approved by the department and must include a certified copy of 86 the final order of adoption naming the applicant as the adoptive 87 parent. Monetary benefits shall be approved on a first-come, 88 first-served basis based upon the date that each fully completed 89 application is received by the department. 90 (4) This section does not preclude a qualifying adoptive 91 employee, veteran, or servicemember from receiving adoption 92 assistance for which he or she may qualify under s. 409.166 or 93 any other statute that provides financial incentives for the 94 adoption of children. 95 (5) Parental leave for a qualifying adoptive employee must 96 be provided in accordance with the personnel policies and 97 procedures of his or her employer. 98 (6) The department may adopt rules to administer this 99 section. The rules may provide for an application process such 100 as, but not limited to, an open enrollment period during which 101 qualifying adoptive employees, veterans, or servicemembers may 102 apply for monetary benefits under this section. 103 (7) The Chief Financial Officer shall disburse a monetary 104 benefit to a qualifying adoptive employee upon the department’s 105 submission of a payroll requisition. The Chief Financial Officer 106 shall transfer funds from the department to a state university, 107 a Florida College System institution, a school district unit, a 108 charter school, the Florida Virtual School, or a water 109 management district, as appropriate, to enable payment to the 110 qualifying adoptive employee through the payroll systems as long 111 as funds are available for such purpose. 112 (8) To receive an approved monetary benefit under this 113 section, a veteran or servicemember must be registered as a 114 vendor with the state. 115 (9) Each state agency shall develop a uniform procedure for 116 informing employees about this benefit and for assisting the 117 department in making eligibility determinations and processing 118 applications. Any procedure adopted by a state agency is valid 119 and enforceable if the procedure does not conflict with the 120 express terms of this section. 121 Section 2. This act shall take effect July 1, 2020.