Florida 2024 Regular Session

Florida House Bill H1271 Latest Draft

Bill / Comm Sub Version Filed 02/23/2024

                               
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 1 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
A bill to be entitled 1 
An act relating to individuals with disabilities; 2 
amending s. 393.064, F.S.; requiring the Agency for 3 
Persons with Disabilities to offer voluntary 4 
participation care navigation services to certain 5 
persons under certain circumstances; providing goals 6 
and requirements for care navigation services; 7 
amending s. 393.065, F.S.; requiring the agency to 8 
develop and implement an electronic application 9 
process; requiring the agency to maintain a printable 10 
paper application on its website and, upon request, 11 
provide a printed paper application to an applicant; 12 
requiring the agency to provide applicants with 13 
specified information upon receipt of an application 14 
for services; defining the term "complete 15 
application"; revising timeframes within which the 16 
agency must make eligibility determinations for 17 
services; lowering the age that a caregiver must be 18 
for an individual to be placed in a certain 19 
preenrollment category; amending s. 393.0651, F.S.; 20 
requiring the agency to provide an individual support 21 
plan for each client serv ed by the home and community -22 
based services Medicaid waiver program; providing 23 
appropriations; requiring the Agency for Persons with 24 
Disabilities, in consultation with Agency for Health 25     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 2 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
Care Administration, to jointly develop a 26 
comprehensive plan for the a dministration, finance, 27 
and delivery of home and community -based services 28 
through a new home and community -based services 29 
Medicaid waiver program; providing requirements for 30 
the waiver program; requiring the Agency for Health 31 
Care Administration to submit a specified report to 32 
the Governor, the President of the Senate, and the 33 
Speaker of the House of Representatives by a specified 34 
date; requiring the agency to provide the option and 35 
include functionality for electronic transmissions to 36 
the iConnect system; prohibiting the agency from 37 
requiring training on the use of its data management 38 
system by certain persons or entities; requiring the 39 
agency to provide enhanced technical assistance; 40 
requiring the agency to submit a specified report to 41 
the Governor, the Le gislature, and the appropriate 42 
fiscal and policy committees by a specified date; 43 
providing for a type two transfer of the Florida 44 
Unique Abilities Partner Program from the Department 45 
of Commerce to the Agency for Persons with 46 
Disabilities; amending ss. 20. 60 and 413.801, F.S.; 47 
conforming provisions to changes made by the act; 48 
providing effective dates. 49 
 50     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 3 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
Be It Enacted by the Legislature of the State of Florida: 51 
 52 
 Section 1.  Subsection (1) of section 393.064, Florida 53 
Statutes, is amended to read: 54 
 393.064  Care navigation Prevention.— 55 
 (1)  Within available resources, the agency must offer to 56 
clients and their caregivers, care navigation services for 57 
voluntary participation at time of application and as part of 58 
any eligibility or renewal review. The goa ls of care navigation 59 
are to create a seamless network of community resources and 60 
supports for the client and the client's family as a whole to 61 
support a client in daily living, community integration, and 62 
achievement of individual goals. Care navigation se rvices shall 63 
involve assessing client needs, developing care plans, and 64 
implementing care plans, including, but not limited to, 65 
connecting a client to resources and supports. At a minimum, a 66 
care plan shall address immediate, intermediate, and long term 67 
needs and goals to promote and increase well -being and 68 
opportunities for education, employment, social engagement, 69 
community integration, and caregiver support. For a client who 70 
is a public school student entitled to a free appropriate public 71 
education under the Individuals with Disabilities Education Act, 72 
I.D.E.A., as amended, the care plan shall be integrated with the 73 
student's individual education plan (IEP). The care plan and IEP 74 
must be implemented to maximize the attainment of educational 75     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 4 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
and habilitation goals shall give priority to the development, 76 
planning, and implementation of programs which have the 77 
potential to prevent, correct, cure, or reduce the severity of 78 
developmental disabilities. The agency shall direct an 79 
interagency and interprogram effo rt for the continued 80 
development of a prevention plan and program. The agency shall 81 
identify, through demonstration projects, through program 82 
evaluation, and through monitoring of programs and projects 83 
conducted outside of the agency, any medical, social, economic, 84 
or educational methods, techniques, or procedures that have the 85 
potential to effectively ameliorate, correct, or cure 86 
developmental disabilities. The agency shall determine the costs 87 
and benefits that would be associated with such prevention 88 
efforts and shall implement, or recommend the implementation of, 89 
those methods, techniques, or procedures which are found likely 90 
to be cost-beneficial. 91 
 Section 2.  Subsection (1) and paragraph (d) of subsection 92 
(5) of section 393.065, Florida Statutes, are amended to read: 93 
 393.065  Application and eligibility determination. — 94 
 (1)(a)  The agency shall develop and implement an online 95 
application process that, at a minimum, supports paperless 96 
electronic application submissions with immediate e -mail 97 
confirmation to each applicant to acknowledge receipt of 98 
application upon submission. 99 
 (b)  The agency shall maintain access to a printable paper 100     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 5 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
application on its website and, upon request, must provide an 101 
applicant with a printed paper application. Paper applicati ons 102 
may Application for services shall be submitted made in writing 103 
to the agency, in the region in which the applicant resides , 104 
sent to a central or regional address via regular United States 105 
mail, or faxed to a central or regional confidential fax number . 106 
All applications, regardless of manner of submission, must be 107 
acknowledged as received, with an immediate receipt confirmation 108 
in the same manner as the application had been received unless 109 
the applicant has designated an alternative, preferred 110 
communication method on the submitted application . 111 
 (c) The agency must shall review each submitted 112 
application in accordance with federal time standards. and make 113 
an eligibility determination within 60 days after receipt of the 114 
signed application. If, at the time of the application, an 115 
applicant is requesting enrollment in the home and community -116 
based services Medicaid waiver program for individuals with 117 
developmental disabilities deemed to be in crisis, as described 118 
in paragraph (5)(a), the agency shall complete an eligibility 119 
determination within 45 days after receipt of the signed 120 
application. 121 
 1.(a) If the agency determines additional documentation is 122 
necessary to make an eligibility determination, the agency may 123 
request the additional documentation from the a pplicant. 124 
 2.(b) When necessary to definitively identify individual 125     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 6 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
conditions or needs, the agency or its designee must provide a 126 
comprehensive assessment. 127 
 (c)  If the agency requests additional documentation from 128 
the applicant or provides or arranges f or a comprehensive 129 
assessment, the agency's eligibility determination must be 130 
completed within 90 days after receipt of the signed 131 
application. 132 
 (d)1.  For purposes of this paragraph, the term "complete 133 
application" means an application submitted to the ag ency which 134 
is signed and dated by the applicant or an individual with legal 135 
authority to apply for public benefits on behalf of the 136 
applicant, is responsive on all parts of the application, and 137 
contains documentation of a diagnosis. 138 
 2.  If the applicant requesting enrollment in the home and 139 
community-based services Medicaid waiver program for individuals 140 
with developmental disabilities is deemed to be in crisis as 141 
described in paragraph (5)(a), the agency must make an 142 
eligibility determination within 15 c alendar days after receipt 143 
of a complete application. 144 
 3.  If the applicant meets the criteria specified in 145 
paragraph (5)(b), the agency must review and make an eligibility 146 
determination as soon as practicable after receipt of a complete 147 
application. 148 
 4.  If the application meets the criteria specified in 149 
paragraphs (5)(c)-(g), the agency shall make an eligibility 150     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 7 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
determination within 60 days after receipt of a complete 151 
application. Any delays in the eligibility determination process 152 
or any tolling of the t ime standard until certain information or 153 
actions have been completed, must be conveyed to the client as 154 
soon as such delays are known with a verbal contact to the 155 
client or the client's designated caregiver and confirmed by a 156 
written notice of the delay, the anticipated length of delay, 157 
and a contact person for the client. 158 
 (5)  Except as provided in subsections (6) and (7), if a 159 
client seeking enrollment in the developmental disabilities home 160 
and community-based services Medicaid waiver program meets the 161 
level of care requirement for an intermediate care facility for 162 
individuals with intellectual disabilities pursuant to 42 C.F.R. 163 
ss. 435.217(b)(1) and 440.150, the agency must assign the client 164 
to an appropriate preenrollment category pursuant to this 165 
subsection and must provide priority to clients waiting for 166 
waiver services in the following order: 167 
 (d)  Category 4, which includes, but is not required to be 168 
limited to, clients whose caregivers are 60 70 years of age or 169 
older and for whom a caregiver is req uired but no alternate 170 
caregiver is available. 171 
 172 
Within preenrollment categories 3, 4, 5, 6, and 7, the agency 173 
shall prioritize clients in the order of the date that the 174 
client is determined eligible for waiver services. 175     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 8 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
 Section 3.  Section 393.0651, Flo rida Statutes, is amended 176 
to read: 177 
 393.0651  Family or individual support plan. —The agency 178 
shall provide directly or contract for the development of a 179 
family support plan for children ages 3 to 18 years of age and 180 
an individual support plan for each clien t served by the home 181 
and community-based services Medicaid waiver program under s. 182 
393.0662. The client, if competent, the client's parent or 183 
guardian, or, when appropriate, the client advocate, shall be 184 
consulted in the development of the plan and shall r eceive a 185 
copy of the plan. Each plan must include the most appropriate, 186 
least restrictive, and most cost -beneficial environment for 187 
accomplishment of the objectives for client progress and a 188 
specification of all services authorized. The plan must include 189 
provisions for the most appropriate level of care for the 190 
client. Within the specification of needs and services for each 191 
client, when residential care is necessary, the agency shall 192 
move toward placement of clients in residential facilities based 193 
within the client's community. The ultimate goal of each plan, 194 
whenever possible, shall be to enable the client to live a 195 
dignified life in the least restrictive setting, be that in the 196 
home or in the community. The family or individual support plan 197 
must be developed within 60 calendar days after the agency 198 
determines the client eligible pursuant to s. 393.065(3). When 199 
developing or reviewing the support plan, the waiver support 200     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 9 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
coordinator must inform the client, the client's parent or 201 
guardian, or, when appropriat e, the client advocate about the 202 
consumer-directed care program under s. 409.221. 203 
 (1)  The agency shall develop and specify by rule the core 204 
components of support plans. 205 
 (2)  The family or individual support plan shall be 206 
integrated with the individual e ducation plan (IEP) for all 207 
clients who are public school students entitled to a free 208 
appropriate public education under the Individuals with 209 
Disabilities Education Act, I.D.E.A., as amended. The family or 210 
individual support plan and IEP must be implemente d to maximize 211 
the attainment of educational and habilitation goals. 212 
 (a)  If the IEP for a student enrolled in a public school 213 
program indicates placement in a public or private residential 214 
program is necessary to provide special education and related 215 
services to a client, the local education agency must provide 216 
for the costs of that service in accordance with the 217 
requirements of the Individuals with Disabilities Education Act, 218 
I.D.E.A., as amended. This does not preclude local education 219 
agencies and the agency from sharing the residential service 220 
costs of students who are clients and require residential 221 
placement. 222 
 (b)  For clients who are entering or exiting the school 223 
system, an interdepartmental staffing team composed of 224 
representatives of the agency and the local school system shall 225     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 10 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
develop a written transitional living and training plan with the 226 
participation of the client or with the parent or guardian of 227 
the client, or the client advocate, as appropriate. 228 
 (3)  Each family or individual support plan s hall be 229 
facilitated through case management designed solely to advance 230 
the individual needs of the client. 231 
 (4)  In the development of the family or individual support 232 
plan, a client advocate may be appointed by the support planning 233 
team for a client who i s a minor or for a client who is not 234 
capable of express and informed consent when: 235 
 (a)  The parent or guardian cannot be identified; 236 
 (b)  The whereabouts of the parent or guardian cannot be 237 
discovered; or 238 
 (c)  The state is the only legal representative of the 239 
client. 240 
 241 
Such appointment may not be construed to extend the powers of 242 
the client advocate to include any of those powers delegated by 243 
law to a legal guardian. 244 
 (5)  The agency shall place a client in the most 245 
appropriate and least restrictive, and cost-beneficial, 246 
residential facility according to his or her individual support 247 
plan. The client, if competent, the client's parent or guardian, 248 
or, when appropriate, the client advocate, and the administrator 249 
of the facility to which placement is propose d shall be 250     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 11 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
consulted in determining the appropriate placement for the 251 
client. Considerations for placement shall be made in the 252 
following order: 253 
 (a)  Client's own home or the home of a family member or 254 
direct service provider. 255 
 (b)  Foster care facility. 256 
 (c)  Group home facility. 257 
 (d)  Intermediate care facility for the developmentally 258 
disabled. 259 
 (e)  Other facilities licensed by the agency which offer 260 
special programs for people with developmental disabilities. 261 
 (f)  Developmental disabilities center. 262 
 (6)  In developing a client's annual family or individual 263 
support plan, the individual or family with the assistance of 264 
the support planning team shall identify measurable objectives 265 
for client progress and shall specify a time period expected for 266 
achievement of each objective. 267 
 (7)  The individual, family, and support coordinator shall 268 
review progress in achieving the objectives specified in each 269 
client's family or individual support plan, and shall revise the 270 
plan annually, following consultation with the client, if 271 
competent, or with the parent or guardian of the client, or, 272 
when appropriate, the client advocate. The agency or designated 273 
contractor shall annually report in writing to the client, if 274 
competent, or to the parent or guardian of the client, or to the 275     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 12 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
client advocate, when appropriate, with respect to the client's 276 
habilitative and medical progress. 277 
 (8)  Any client, or any parent of a minor client, or 278 
guardian, authorized guardian advocate, or client advocate for a 279 
client, who is substantially affected by the client's initial 280 
family or individual support plan, or the annual review thereof, 281 
shall have the right to file a notice to challenge the decision 282 
pursuant to ss. 120.569 and 120.57. Notice of such right to 283 
appeal shall be included in all su pport plans provided by the 284 
agency. 285 
 Section 4.  For the 2024-2025 fiscal year, the sums of 286 
$16,562,703 in recurring funds from the General Revenue Fund and 287 
$22,289,520 in recurring funds from the Operations and 288 
Maintenance Trust Fund are appropriated in the Home and 289 
Community Based Services Waiver category to the Agency for 290 
Persons with Disabilities to offer waiver services to the 291 
greatest number of individuals permissible under the 292 
appropriation from preenrollment categories 3, 4, and 5, 293 
including individuals whose caregiver is age 60 or older in 294 
category 4, established in s. 393.065, Florida Statutes, as 295 
amended by this act, and from preenrollment category 6 who have 296 
a sibling in preenrollment category 3, category 4, category 5, 297 
or category 6. 298 
 Section 5.  The Agency for Health Care Administration and 299 
the Agency for Persons with Disabilities, in consultation with 300     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 13 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
other stakeholders, shall jointly develop a comprehensive plan 301 
for the administration, finance, and delivery of home and 302 
community-based services through a new home and community -based 303 
services Medicaid waiver program. The waiver program shall be 304 
for clients transitioning into adulthood and shall be designed 305 
to prevent future crisis enrollment into the waiver authorized 306 
under s. 393.0662, Flori da Statutes. The Agency for Health Care 307 
Administration is authorized to contract with necessary experts, 308 
in consultation with the Agency for Persons with Disabilities, 309 
to assist in developing the plan. The Agency for Health Care 310 
Administration, in consulta tion with the Agency for Persons with 311 
Disabilities, must submit a report to the Governor, the 312 
President of the Senate, and the Speaker of the House of 313 
Representatives by December 1, 2024, addressing, at a minimum, 314 
all of the following: 315 
 (1)  The purpose, rationale, and expected benefits of the 316 
new waiver program. 317 
 (2)  The proposed eligibility criteria for clients and 318 
service benefit package to be offered through the waiver 319 
program. 320 
 (3)  A proposed implementation plan and timeline, including 321 
recommendations for number of clients served by the waiver 322 
program at initial implementation, changes over time, and any 323 
per-client benefit caps. 324 
 (4)  Proposals for how clients will transition onto and off 325     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 14 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
of the waiver, including, but not limited to, transitions 326 
between this waiver and the waiver established under s. 327 
393.0662, Florida Statutes. 328 
 (5)  The fiscal impact for the implementation year and 329 
projections for the next 5 years, determined on an actuarially -330 
sound basis. 331 
 (6)  An analysis of the availability of services that would 332 
be offered under the waiver program and recommendations to 333 
increase availability of such services, if necessary. 334 
 (7)  A list of all stakeholders, public and private, who 335 
were consulted or contacted as part of the waiver program. 336 
 Section 6.  The Agency for Persons with Disabilities shall 337 
provide the option and include functionality for providers to 338 
electronically transmit all required information to the agency's 339 
data management system, known as the iConnect system, in an 340 
industry standard format designated by the agency. 341 
Notwithstanding s. 393.066(2), Florida Statutes, persons or 342 
entities under contract with the agency may maintain information 343 
documenting service provision to clients in their own data 344 
management systems until the agenc y data management system's 345 
ability to accept all required data from external systems 346 
electronically is fully operational. Persons or entities shall 347 
use the system for electronic visit verification as required by 348 
the agency. The agency may not require train ing on the use of 349 
its data management system by persons or entities that choose to 350     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 15 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
maintain data in their own data management systems until the 351 
agency data management system's ability to accept all required 352 
data from external systems electronically is full y operational, 353 
except that the agency may require training for use of the 354 
electronic visit verification functionality. The agency shall, 355 
at a minimum, provide enhanced technical assistance and host 356 
feedback and listening sessions with service providers to plan 357 
for future system enhancements. The agency shall submit a report 358 
to the Governor, the President of the Senate, the Speaker of the 359 
House of Representatives, and the appropriate fiscal and policy 360 
committees by December 31, 2024, that assesses the functi onality 361 
of the data management system, considering the needs of and 362 
impacts on the agency and persons and entities using the data 363 
management system, and provides options and associated costs for 364 
achieving sufficient functionality. 365 
 Section 7.  Effective October 1, 2024, all powers, duties, 366 
functions, records, offices, personnel, associated 367 
administrative support positions, property, pending issues, 368 
existing contracts, administrative authority, administrative 369 
rules, and unexpended balances of appropriation s, allocations, 370 
and any other funds relating to the Florida Unique Abilities 371 
Partner Program are transferred by a type two transfer, as 372 
described in s. 20.06(2), Florida Statutes, from the Department 373 
of Commerce to the Agency for Persons with Disabilities. 374 
 Section 8.  Effective October 1, 2024, paragraph (c) of 375     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 16 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
subsection (10) of section 20.60, Florida Statutes, is amended 376 
to read: 377 
 20.60  Department of Commerce; creation; powers and 378 
duties.— 379 
 (10)  The department shall, by November 1 of each year, 380 
submit an annual report to the Governor, the President of the 381 
Senate, and the Speaker of the House of Representatives on the 382 
condition of the business climate and economic development in 383 
the state. 384 
 (c)  The report must incorporate annual reports of other 385 
programs, including: 386 
 1.  A detailed report of the performance of the Black 387 
Business Loan Program and a cumulative summary of quarterly 388 
report data required under s. 288.714. 389 
 2.  The Rural Economic Development Initiative established 390 
under s. 288.0656. 391 
 3.  The Florida Unique Abilities Partner Program. 392 
 3.4. A detailed report of the performance of the Florida 393 
Development Finance Corporation and a summary of the 394 
corporation's report required under s. 288.9610. 395 
 4.5. Information provided by Space Florida under s . 396 
331.3051 and an analysis of the activities and accomplishments 397 
of Space Florida. 398 
 Section 9.  Effective October 1, 2024, section 413.801, 399 
Florida Statutes, is amended to read: 400     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 17 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
 413.801  Florida Unique Abilities Partner Program. — 401 
 (1)  CREATION AND PURP OSE.—The Agency for Persons with 402 
Disabilities Department of Economic Opportunity shall establish 403 
the Florida Unique Abilities Partner Program to designate a 404 
business entity as a Florida Unique Abilities Partner if the 405 
business entity demonstrates commitmen t, through employment or 406 
support, to the independence of individuals who have a 407 
disability. The agency department shall consult with the 408 
Department of Commerce Agency for Persons with Disabilities , the 409 
Division of Vocational Rehabilitation of the Departmen t of 410 
Education, the Division of Blind Services of the Department of 411 
Education, and CareerSource Florida, Inc., in creating the 412 
program. 413 
 (2)  DEFINITIONS.—As used in this section, the term: 414 
 (a)  "Agency Department" means the Agency for Persons with 415 
Disabilities Department of Economic Opportunity . 416 
 (b)  "Individuals who have a disability" means persons who 417 
have a physical or intellectual impairment that substantially 418 
limits one or more major life activities, persons who have a 419 
history or record of such an i mpairment, or persons who are 420 
perceived by others as having such an impairment. 421 
 (3)  DESIGNATION.— 422 
 (a)  A business entity may apply to the agency department 423 
to be designated as a Florida Unique Abilities Partner, based on 424 
the business entity's achievemen ts in at least one of the 425     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 18 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
following categories: 426 
 1.  Employment of individuals who have a disability. 427 
 2.  Contributions to local or national disability 428 
organizations. 429 
 3.  Contributions to, or the establishment of, a program 430 
that contributes to the independence of individuals who have a 431 
disability. 432 
 (b)  As an alternative to application by a business entity, 433 
the agency department must consider nominations from members of 434 
the community where the business entity is located. The 435 
nomination must identify the business entity's achievements in 436 
at least one of the categories provided in paragraph (a). 437 
 (c)  The name, location, and contact information of the 438 
business entity must be included in the business entity's 439 
application or nomination. 440 
 (d)  The agency department shall adopt procedures for the 441 
application, nomination, and designation processes for the 442 
Florida Unique Abilities Partner Program. Designation as a 443 
Florida Unique Abilities Partner does not establish or involve 444 
licensure, does not affect the su bstantial interests of a party, 445 
and does not constitute a final agency action. The Florida 446 
Unique Abilities Partner Program and designation are not subject 447 
to chapter 120. 448 
 (4)  ELIGIBILITY AND AWARD. —In determining the eligibility 449 
for the designation of a business entity as a Florida Unique 450     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 19 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
Abilities Partner, the agency department shall consider, at a 451 
minimum, the following criteria: 452 
 (a)  For a designation based on an application by a 453 
business entity, the business entity must certify that: 454 
 1.  It employs at least one individual who has a 455 
disability. Such employees must be residents of this state and 456 
must have been employed by the business entity for at least 9 457 
months before the business entity's application for the 458 
designation. The agency department may not require the employer 459 
to provide personally identifiable information about its 460 
employees; 461 
 2.  It has made contributions to local and national 462 
disability organizations or contributions in support of 463 
individuals who have a disability. Contributions may be 464 
accomplished through financial or in -kind contributions, 465 
including employee volunteer hours. Contributions must be 466 
documented by providing copies of written receipts or letters of 467 
acknowledgment from recipients or donees. A business entity with 468 
100 or fewer employees must make a financial or in -kind 469 
contribution of at least $1,000, and a business entity with more 470 
than 100 employees must make a financial or in -kind contribution 471 
of at least $5,000; or 472 
 3.  It has established, or has contributed to the 473 
establishment of, a program that contributes to the independence 474 
of individuals who have a disability. Contributions must be 475     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 20 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
documented by providing copies of written receipts, a summary of 476 
the program, program materials, or letters of acknowledgment 477 
from program participants or volunteers. A business entity with 478 
100 or fewer employees must make a financial or in -kind 479 
contribution of at least $1,000 in the program, and a business 480 
entity with more than 100 employees must make a financial or in -481 
kind contribution of at least $5,000. 482 
 483 
A business entity that applies to the agency department to be 484 
designated as a Florida Unique Abilities Partner shall be 485 
awarded the designation upon meeting the requirements of this 486 
section. 487 
 (b)  For a designation based upon receipt of a nomination 488 
of a business entity: 489 
 1.  The agency department shall determine whether the 490 
nominee, based on the information provided by the nominating 491 
person or entity, meets the requirements of paragraph (a). The 492 
agency department may request additional i nformation from the 493 
nominee. 494 
 2.  If the nominee meets the requirements, the agency 495 
department shall provide notice, including the qualification 496 
criteria provided in the nomination, to the nominee regarding 497 
the nominee's eligibility to be awarded a designa tion as a 498 
Florida Unique Abilities Partner. 499 
 3.  The nominee shall be provided 30 days after receipt of 500     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 21 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
the notice to certify that the information in the notice is true 501 
and accurate and accept the nomination, to provide corrected 502 
information for considerat ion by the agency department and 503 
indicate an intention to accept the nomination, or to decline 504 
the nomination. If the nominee accepts the nomination, the 505 
agency department shall award the designation. The agency 506 
department may not award the designation if the nominee declines 507 
the nomination or has not accepted the nomination within 30 days 508 
after receiving notice. 509 
 (5)  ANNUAL CERTIFICATION. —After an initial designation as 510 
a Florida Unique Abilities Partner, a business entit y must 511 
certify each year that it continues to meet the criteria for the 512 
designation. If the business entity does not submit the yearly 513 
certification of continued eligibility, the agency department 514 
shall remove the designation. The business entity may elect to 515 
discontinue its designation status at any time by notifying the 516 
agency department of such decision. 517 
 (6)  LOGO DEVELOPMENT. — 518 
 (a)  The agency department, in consultation with members of 519 
the disability community, shall develop a logo that identifies a 520 
business entity that is designated as a Florida Unique Abilities 521 
Partner. 522 
 (b)  The agency department shall adopt guidelines and 523 
requirements for the use of the logo, including how the logo may 524 
be used in advertising. The agency department may allow a 525     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 22 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
business entity to display a Florida Unique Abilities Partner 526 
logo upon designation. A business entity that has not been 527 
designated as a Florida Unique Abilities Partner or has elected 528 
to discontinue its designated status may not display the logo. 529 
 (7)  WEBSITE.—The agency department shall maintain a 530 
website for the program. At a minimum, the website must provide 531 
a list of business entities, by county, which currently have the 532 
Florida Unique Abilities Partner designation, updated quarterly; 533 
information regarding the eligibility requirements for the 534 
designation and the method of application or nomination; and 535 
best practices for business entities to facilitate the inclusion 536 
of individuals who have a disability, updated annually. The 537 
website may provide links to the websites of organizations or 538 
other resources that will aid business entities to employ or 539 
support individuals who have a disability. 540 
 (8)  INTERAGENCY COLLABORATION. — 541 
 (a)  The Department of Commerce Agency for Persons with 542 
Disabilities shall provide a link on its website to the agency's 543 
department's website for the Florida Unique Abilities Partner 544 
Program. 545 
 (b)  On a quarterly basis, the agency department shall 546 
provide the Florida Tourism Industry Marketing Corporation with 547 
a current list of all businesse s that are designated as Florida 548 
Unique Abilities Partners. The Florida Tourism Industry 549 
Marketing Corporation must consider the Florida Unique Abilities 550     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 23 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
Partner Program in the development of marketing campaigns, and 551 
specifically in any targeted marketing campaign for individuals 552 
who have a disability or their families. 553 
 (c)  The agency department and CareerSource Florida, Inc., 554 
shall identify employment opportunities posted by business 555 
entities that currently have the Florida Unique Abilities 556 
Partner designation in the workforce information system under s. 557 
445.011. 558 
 (9)  REPORT.— 559 
 (a) By January 1, 2025, and annually thereafter 2017, the 560 
agency department shall provide a report on the progress and use 561 
of the program to the President of the Senate and the S peaker of 562 
the House of Representatives on the status of the implementation 563 
of this section, including the adoption of rules, development of 564 
the logo, and development of application procedures . 565 
 (b)  Beginning in 2017 and each year thereafter, the 566 
department's annual report required under s. 20.60 must describe 567 
in detail the progress and use of the program. At a minimum, the 568 
report must include, for the most recent year , all of the 569 
following: 570 
 (a) The number of applications and nominations received .; 571 
 (b) The number of nominations accepted and declined .; 572 
 (c) The number of designations awarded .; 573 
 (d) Annual certifications .; 574 
 (e) The use of information provided under subsection (8) .; 575     
 
CS/CS/CS/HB 1271  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1271-03-c3 
Page 24 of 24 
F L O R I D A H O	U S E O F R E P R E S E N T A T I V	ES 
 
 
 
and 576 
 (f) Any other information the agency deems deemed 577 
necessary to evaluate the program. 578 
 (10)  RULES.—The agency department shall adopt rules to 579 
administer this section. 580 
 Section 10.  Except as otherwise expressly provided in this 581 
this act, this act shall take effect July 1, 2024. 582