ENROLLED
2011 Legislature CS for CS for CS for SB 88, 2nd Engrossed
201188er
1
2 An act relating to public employee compensation;
3 amending s. 215.425, F.S.; revising provisions
4 relating to the prohibition against the payment of
5 extra compensation; authorizing the payment of bonuses
6 and severance pay to officers, agents, employees, and
7 contractors of a public hospital under certain
8 circumstances; providing for bonuses; specifying the
9 conditions for paying bonuses; requiring that
10 contracts providing for severance pay under certain
11 circumstances include specified provisions; providing
12 an exception; defining the term “severance pay”;
13 prohibiting certain contract provisions that provide
14 for extra compensation to limit the ability to discuss
15 the contract; amending s. 125.01, F.S.; deleting
16 provisions relating to the power of a county to pay
17 extra compensation; amending s. 166.021, F.S.;
18 deleting a provision that allows a municipality to pay
19 extra compensation; amending s. 112.061, F.S.;
20 conforming cross-references; repealing s. 373.0795,
21 F.S., relating to a prohibition against severance pay
22 for officers or employees of water management
23 districts; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Section 215.425, Florida Statutes, is amended to
28 read:
29 215.425 Extra compensation claims prohibited; bonuses;
30 severance pay.—
31 (1) No extra compensation shall be made to any officer,
32 agent, employee, or contractor after the service has been
33 rendered or the contract made; nor shall any money be
34 appropriated or paid on any claim the subject matter of which
35 has not been provided for by preexisting laws, unless such
36 compensation or claim is allowed by a law enacted by two-thirds
37 of the members elected to each house of the Legislature.
38 However, when adopting salary schedules for a fiscal year, a
39 district school board or community college district board of
40 trustees may apply the schedule for payment of all services
41 rendered subsequent to July 1 of that fiscal year.
42 (2) The provisions of This section does do not apply to:
43 (a) A bonus or severance pay that is paid wholly from
44 nontax revenues and nonstate-appropriated funds, the payment and
45 receipt of which does not otherwise violate part III of chapter
46 112, and which is paid to an officer, agent, employee, or
47 contractor of a public hospital that is operated by a county or
48 a special district; or Extra compensation given to state
49 employees who are included within the senior management group
50 pursuant to rules adopted by the Department of Management
51 Services; to extra compensation given to county, municipal, or
52 special district employees pursuant to policies adopted by
53 county or municipal ordinances or resolutions of governing
54 boards of special districts or to employees of the clerk of the
55 circuit court pursuant to written policy of the clerk; or to
56 (b) A clothing and maintenance allowance given to
57 plainclothes deputies pursuant to s. 30.49.
58 (3) Any policy, ordinance, rule, or resolution designed to
59 implement a bonus scheme must:
60 (a) Base the award of a bonus on work performance;
61 (b) Describe the performance standards and evaluation
62 process by which a bonus will be awarded;
63 (c) Notify all employees of the policy, ordinance, rule, or
64 resolution before the beginning of the evaluation period on
65 which a bonus will be based; and
66 (d) Consider all employees for the bonus.
67 (4)(a) On or after July 1, 2011, a unit of government that
68 enters into a contract or employment agreement, or renewal or
69 renegotiation of an existing contract or employment agreement,
70 that contains a provision for severance pay with an officer,
71 agent, employee, or contractor must include the following
72 provisions in the contract:
73 1. A requirement that severance pay provided may not exceed
74 an amount greater than 20 weeks of compensation.
75 2. A prohibition of provision of severance pay when the
76 officer, agent, employee, or contractor has been fired for
77 misconduct, as defined in s. 443.036(29), by the unit of
78 government.
79 (b) On or after July 1, 2011, an officer, agent, employee,
80 or contractor may receive severance pay that is not provided for
81 in a contract or employment agreement if the severance pay
82 represents the settlement of an employment dispute. Such
83 severance pay may not exceed an amount greater than 6 weeks of
84 compensation. The settlement may not include provisions that
85 limit the ability of any party to the settlement to discuss the
86 dispute or settlement.
87 (c) This subsection does not create an entitlement to
88 severance pay in the absence of its authorization.
89 (d) As used in this subsection, the term “severance pay”
90 means the actual or constructive compensation, including salary,
91 benefits, or perquisites, for employment services yet to be
92 rendered which is provided to an employee who has recently been
93 or is about to be terminated. The term does not include
94 compensation for:
95 1. Earned and accrued annual, sick, compensatory, or
96 administrative leave;
97 2. Early retirement under provisions established in an
98 actuarially funded pension plan subject to part VII of chapter
99 112; or
100 3. Any subsidy for the cost of a group insurance plan
101 available to an employee upon normal or disability retirement
102 that is by policy available to all employees of the unit of
103 government pursuant to the unit’s health insurance plan. This
104 subparagraph may not be construed to limit the ability of a unit
105 of government to reduce or eliminate such subsidies.
106 (5) Any agreement or contract, executed on or after July 1,
107 2011, which involves extra compensation between a unit of
108 government and an officer, agent, employee, or contractor may
109 not include provisions that limit the ability of any party to
110 the agreement or contract to discuss the agreement or contract.
111 Section 2. Paragraphs (cc) and (dd) of subsection (1) of
112 section 125.01, Florida Statutes, are redesignated as paragraphs
113 (bb) and (cc), respectively, and paragraph (bb) of that
114 subsection is amended to read:
115 125.01 Powers and duties.—
116 (1) The legislative and governing body of a county shall
117 have the power to carry on county government. To the extent not
118 inconsistent with general or special law, this power includes,
119 but is not restricted to, the power to:
120 (bb) Notwithstanding the prohibition against extra
121 compensation set forth in s. 215.425, provide for an extra
122 compensation program, including a lump-sum bonus payment
123 program, to reward outstanding employees whose performance
124 exceeds standards, if the program provides that a bonus payment
125 may not be included in an employee’s regular base rate of pay
126 and may not be carried forward in subsequent years.
127 Section 3. Present subsections (8) through (10) of section
128 166.021, Florida Statutes, are redesignated as subsections (7)
129 through (9) respectively, and present subsection (7) of that
130 section is amended, to read:
131 166.021 Powers.—
132 (7) Notwithstanding the prohibition against extra
133 compensation set forth in s. 215.425, the governing body of a
134 municipality may provide for an extra compensation program,
135 including a lump-sum bonus payment program, to reward
136 outstanding employees whose performance exceeds standards, if
137 the program provides that a bonus payment may not be included in
138 an employee’s regular base rate of pay and may not be carried
139 forward in subsequent years.
140 Section 4. Paragraphs (a) and (c) of subsection (14) of
141 section 112.061, Florida Statutes, are amended to read:
142 112.061 Per diem and travel expenses of public officers,
143 employees, and authorized persons.—
144 (14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
145 SCHOOL BOARDS, SPECIAL DISTRICTS, AND METROPOLITAN PLANNING
146 ORGANIZATIONS.—
147 (a) The following entities may establish rates that vary
148 from the per diem rate provided in paragraph (6)(a), the
149 subsistence rates provided in paragraph (6)(b), or the mileage
150 rate provided in paragraph (7)(d) if those rates are not less
151 than the statutorily established rates that are in effect for
152 the 2005-2006 fiscal year:
153 1. The governing body of a county by the enactment of an
154 ordinance or resolution;
155 2. A county constitutional officer, pursuant to s. 1(d),
156 Art. VIII of the State Constitution, by the establishment of
157 written policy;
158 3. The governing body of a district school board by the
159 adoption of rules;
160 4. The governing body of a special district, as defined in
161 s. 189.403(1), except those special districts that are subject
162 to s. 166.021(9) 166.021(10), by the enactment of a resolution;
163 or
164 5. Any metropolitan planning organization created pursuant
165 to s. 339.175 or any other separate legal or administrative
166 entity created pursuant to s. 339.175 of which a metropolitan
167 planning organization is a member, by the enactment of a
168 resolution.
169 (c) Except as otherwise provided in this subsection,
170 counties, county constitutional officers and entities governed
171 by those officers, district school boards, special districts,
172 and metropolitan planning organizations, other than those
173 subject to s. 166.021(9) 166.021(10), remain subject to the
174 requirements of this section.
175 Section 5. Section 373.0795, Florida Statutes, is repealed.
176 Section 6. This act shall take effect July 1, 2011.