| 1 | A bill to be entitled |
| 2 | An act relating to public employee compensation; amending |
| 3 | s. 215.425, F.S.; revising provisions relating to the |
| 4 | prohibition against the payment of extra compensation; |
| 5 | providing for bonuses; specifying the conditions for |
| 6 | paying bonuses; requiring that contracts providing for |
| 7 | severance pay under certain circumstances include |
| 8 | specified provisions; defining the term "severance pay"; |
| 9 | prohibiting certain contract provisions that provide for |
| 10 | extra compensation to limit the ability to discuss the |
| 11 | contract; amending s. 125.01, F.S.; deleting provisions |
| 12 | relating to the power of a county to pay extra |
| 13 | compensation; amending s. 166.021, F.S.; deleting a |
| 14 | provision that allows a municipality to pay extra |
| 15 | compensation; amending s. 112.061, F.S.; conforming cross- |
| 16 | references; repealing s. 373.0795, F.S., relating to a |
| 17 | prohibition against severance pay for officers or |
| 18 | employees of water management districts; providing an |
| 19 | effective date. |
| 20 |
|
| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
|
| 23 | Section 1. Section 215.425, Florida Statutes, is amended |
| 24 | to read: |
| 25 | 215.425 Extra compensation claims prohibited; bonuses; |
| 26 | severance pay.- |
| 27 | (1) No extra compensation shall be made to any officer, |
| 28 | agent, employee, or contractor after the service has been |
| 29 | rendered or the contract made; nor shall any money be |
| 30 | appropriated or paid on any claim the subject matter of which |
| 31 | has not been provided for by preexisting laws, unless such |
| 32 | compensation or claim is allowed by a law enacted by two-thirds |
| 33 | of the members elected to each house of the Legislature. |
| 34 | However, when adopting salary schedules for a fiscal year, a |
| 35 | district school board or community college district board of |
| 36 | trustees may apply the schedule for payment of all services |
| 37 | rendered subsequent to July 1 of that fiscal year. |
| 38 | (2) The provisions of This section does do not apply to: |
| 39 | (a) Extra compensation given to state employees who are |
| 40 | included within the senior management group pursuant to rules |
| 41 | adopted by the Department of Management Services; to extra |
| 42 | compensation given to county, municipal, or special district |
| 43 | employees pursuant to policies adopted by county or municipal |
| 44 | ordinances or resolutions of governing boards of special |
| 45 | districts or to employees of the clerk of the circuit court |
| 46 | pursuant to written policy of the clerk; or to |
| 47 | (b) A clothing and maintenance allowance given to |
| 48 | plainclothes deputies pursuant to s. 30.49. |
| 49 | (3) Any policy, ordinance, rule, or resolution designed to |
| 50 | implement a bonus scheme must: |
| 51 | (a) Base the award of a bonus on work performance; |
| 52 | (b) Describe the performance standards and evaluation |
| 53 | process by which a bonus will be awarded; |
| 54 | (c) Notify all employees of the policy, ordinance, rule, |
| 55 | or resolution before the beginning of the evaluation period on |
| 56 | which a bonus will be based; and |
| 57 | (d) Consider all employees for the bonus. |
| 58 | (4)(a) On or after July 1, 2011, a unit of government that |
| 59 | enters into a contract or employment agreement, or renewal or |
| 60 | renegotiation of an existing contract or employment agreement, |
| 61 | that contains a provision for severance pay with an officer, |
| 62 | agent, employee, or contractor must include the following |
| 63 | provisions in the contract: |
| 64 | 1. A requirement that severance pay provided may not |
| 65 | exceed an amount greater than 20 weeks of compensation, unless |
| 66 | the unit of government approves the contract or employment |
| 67 | agreement, or renewal or renegotiation of a contract or |
| 68 | employment agreement, by a two-thirds vote of the membership of |
| 69 | the approving body of the unit of government. |
| 70 | 2. A prohibition of provision of severance pay when the |
| 71 | officer, agent, employee, or contractor has been fired for |
| 72 | misconduct, as defined in s. 443.036(29), by the unit of |
| 73 | government. |
| 74 | (b) Notwithstanding paragraph (a), on or after July 1, |
| 75 | 2011, an officer, agent, employee, or contractor may receive |
| 76 | severance pay if: |
| 77 | 1. The severance pay is paid from wholly private funds, |
| 78 | the payment and receipt of which do not otherwise violate part |
| 79 | III of chapter 112; or |
| 80 | 2. The severance pay is administered under part II of |
| 81 | chapter 112 on behalf of an agency outside this state and would |
| 82 | be permitted under that agency's personnel system. |
| 83 | (c) This subsection does not create an entitlement to |
| 84 | severance pay in the absence of its authorization. |
| 85 | (d) As used in this subsection, the term "severance pay" |
| 86 | means the actual or constructive compensation, including salary, |
| 87 | benefits, or perquisites, for employment services yet to be |
| 88 | rendered which is provided to an employee who has recently been |
| 89 | or is about to be terminated. The term does not include |
| 90 | compensation for: |
| 91 | 1. Earned and accrued annual, sick, compensatory, or |
| 92 | administrative leave; |
| 93 | 2. Early retirement under provisions established in an |
| 94 | actuarially funded pension plan subject to part VII of chapter |
| 95 | 112; or |
| 96 | 3. Any subsidy for the cost of a group insurance plan |
| 97 | available to an employee upon normal or disability retirement |
| 98 | that is by policy available to all employees of the unit of |
| 99 | government pursuant to the unit's health insurance plan. This |
| 100 | subparagraph may not be construed to limit the ability of a unit |
| 101 | of government to reduce or eliminate such subsidies. |
| 102 | (5) Any agreement or contract, executed on or after July |
| 103 | 1, 2011, which involves extra compensation between a unit of |
| 104 | government and an officer, agent, employee, or contractor may |
| 105 | not include provisions that limit the ability of any party to |
| 106 | the agreement or contract to discuss the agreement or contract. |
| 107 | Section 2. Paragraphs (cc) and (dd) of subsection (1) of |
| 108 | section 125.01, Florida Statutes, are redesignated as paragraphs |
| 109 | (bb) and (cc), respectively, and paragraph (bb) of that |
| 110 | subsection is amended to read: |
| 111 | 125.01 Powers and duties.- |
| 112 | (1) The legislative and governing body of a county shall |
| 113 | have the power to carry on county government. To the extent not |
| 114 | inconsistent with general or special law, this power includes, |
| 115 | but is not restricted to, the power to: |
| 116 | (bb) Notwithstanding the prohibition against extra |
| 117 | compensation set forth in s. 215.425, provide for an extra |
| 118 | compensation program, including a lump-sum bonus payment |
| 119 | program, to reward outstanding employees whose performance |
| 120 | exceeds standards, if the program provides that a bonus payment |
| 121 | may not be included in an employee's regular base rate of pay |
| 122 | and may not be carried forward in subsequent years. |
| 123 | Section 3. Present subsections (8) through (10) of section |
| 124 | 166.021, Florida Statutes, are redesignated as subsections (7) |
| 125 | through (9) respectively, and present subsection (7) of that |
| 126 | section is amended, to read: |
| 127 | 166.021 Powers.- |
| 128 | (7) Notwithstanding the prohibition against extra |
| 129 | compensation set forth in s. 215.425, the governing body of a |
| 130 | municipality may provide for an extra compensation program, |
| 131 | including a lump-sum bonus payment program, to reward |
| 132 | outstanding employees whose performance exceeds standards, if |
| 133 | the program provides that a bonus payment may not be included in |
| 134 | an employee's regular base rate of pay and may not be carried |
| 135 | forward in subsequent years. |
| 136 | Section 4. Paragraphs (a) and (c) of subsection (14) of |
| 137 | section 112.061, Florida Statutes, are amended to read: |
| 138 | 112.061 Per diem and travel expenses of public officers, |
| 139 | employees, and authorized persons.- |
| 140 | (14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT |
| 141 | SCHOOL BOARDS, SPECIAL DISTRICTS, AND METROPOLITAN PLANNING |
| 142 | ORGANIZATIONS.- |
| 143 | (a) The following entities may establish rates that vary |
| 144 | from the per diem rate provided in paragraph (6)(a), the |
| 145 | subsistence rates provided in paragraph (6)(b), or the mileage |
| 146 | rate provided in paragraph (7)(d) if those rates are not less |
| 147 | than the statutorily established rates that are in effect for |
| 148 | the 2005-2006 fiscal year: |
| 149 | 1. The governing body of a county by the enactment of an |
| 150 | ordinance or resolution; |
| 151 | 2. A county constitutional officer, pursuant to s. 1(d), |
| 152 | Art. VIII of the State Constitution, by the establishment of |
| 153 | written policy; |
| 154 | 3. The governing body of a district school board by the |
| 155 | adoption of rules; |
| 156 | 4. The governing body of a special district, as defined in |
| 157 | s. 189.403(1), except those special districts that are subject |
| 158 | to s. 166.021(9) 166.021(10), by the enactment of a resolution; |
| 159 | or |
| 160 | 5. Any metropolitan planning organization created pursuant |
| 161 | to s. 339.175 or any other separate legal or administrative |
| 162 | entity created pursuant to s. 339.175 of which a metropolitan |
| 163 | planning organization is a member, by the enactment of a |
| 164 | resolution. |
| 165 | (c) Except as otherwise provided in this subsection, |
| 166 | counties, county constitutional officers and entities governed |
| 167 | by those officers, district school boards, special districts, |
| 168 | and metropolitan planning organizations, other than those |
| 169 | subject to s. 166.021(9) 166.021(10), remain subject to the |
| 170 | requirements of this section. |
| 171 | Section 5. Section 373.0795, Florida Statutes, is |
| 172 | repealed. |
| 173 | Section 6. This act shall take effect July 1, 2011. |