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The Florida Senate

2005 Florida Statutes

Severance pay for water management district employees.
Section 373.0795, Florida Statutes 2005

373.0795  Severance pay for water management district employees.--

(1)  As used in this section, "severance pay" means the actual or constructive compensation, in salary, benefits, or perquisites, of an officer or employee of a water management district, or any subdivision or agency thereof, for employment services yet to be rendered for a term greater than 4 weeks before or immediately following termination of employment. The term does not include:

(a)  Earned and accrued annual, sick, compensatory, and administrative leave.

(b)  Early retirement provisions established in an actuarially funded pension plan subject to part VII of chapter 112.

(2)  After July 1, 1997, a water management district, or any agency or subdivision thereof, may not pay to any of its officers or employees severance pay, except under any of the following conditions:

(a)  The severance pay is authorized in an employment contract or collective bargaining agreement providing for it and in effect on July 1, 1997. Collective bargaining agreements or employment contracts extended or entered on or after July 1, 1997, may not contain any provision for severance pay. However, employees classified as managerial, executive, or exempt in the district's personnel plan who serve at the convenience of the district are subject to the provisions of this section beginning July 1, 1997.

(b)  The severance pay is paid from wholly private funds available to the district in the ordinary course of business, the payment and receipt of which would not otherwise violate any provision of part III of chapter 112.

(c)  The severance pay is administered under the auspices of part II of chapter 112 on behalf of an agency outside this state and would be permitted under that agency's personnel system.

(d)  The severance pay represents the settlement of an employment dispute; however, such a settlement may not contain any provisions that limit the ability of any party to the settlement to discuss the dispute or settlement.

(3)  This section does not operate to create an entitlement to severance pay in the absence of its authorization by a water management district.

History.--s. 33, ch. 97-160.