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The Florida Senate

2009 Florida Statutes

Section 110.171, Florida Statutes 2009

110.171  State employee telecommuting program.--

(1)  As used in this section, the term:

(a)  "Agency" means any official, officer, commission, board, authority, council, committee, or department of state government.

(b)  "Department" means the Department of Management Services.

(c)  "Telecommuting" means a work arrangement whereby selected state employees are allowed to perform the normal duties and responsibilities of their positions, through the use of computers or telecommunications, at home or another place apart from the employees' usual place of work.

(2)  The department shall:

(a)  Establish and coordinate the state employee telecommuting program and administer this section.

(b)  Appoint a statewide telecommuting coordinator to provide technical assistance to state agencies and to promote telecommuting in state government.

(c)  Identify state employees who are participating in a telecommuting program and their job classifications through the state personnel payroll information subsystem created under s. 110.116

(3)  By September 30, 2009, each state agency shall identify and maintain a current listing of the job classifications and positions that the agency considers appropriate for telecommuting. Agencies that adopt a state employee telecommuting program must:

(a)  Give equal consideration to career service and exempt positions in their selection of employees to participate in the telecommuting program.

(b)  Provide that an employee's participation in a telecommuting program will not adversely affect eligibility for advancement or any other employment rights or benefits.

(c)  Provide that participation by an employee in a telecommuting program is voluntary, and that the employee may elect to cease to participate in a telecommuting program at any time.

(d)  Adopt provisions to allow for the termination of an employee's participation in the program if the employee's continued participation would not be in the best interests of the agency.

(e)  Provide that an employee is not currently under a performance improvement plan in order to participate in the program.

(f)  Ensure that employees participating in the program are subject to the same rules regarding attendance, leave, performance reviews, and separation action as are other employees.

(g)  Establish the reasonable conditions that the agency plans to impose in order to ensure the appropriate use and maintenance of any equipment or items provided for use at a participating employee's home or other place apart from the employee's usual place of work, including the installation and maintenance of any telephone equipment and ongoing communications costs at the telecommuting site which is to be used for official use only.

(h)  Prohibit state maintenance of an employee's personal equipment used in telecommuting, including any liability for personal equipment and costs for personal utility expenses associated with telecommuting.

(i)  Describe the security controls that the agency considers appropriate.

(j)  Provide that employees are covered by workers' compensation under chapter 440, when performing official duties at an alternate worksite, such as the home.

(k)  Prohibit employees engaged in a telecommuting program from conducting face-to-face state business at the homesite.

(l)  Require a written agreement that specifies the terms and conditions of telecommuting, which includes verification by the employee that the home office provides work space that is free of safety and fire hazards, together with an agreement which holds the state harmless against any and all claims, excluding workers' compensation claims, resulting from an employee working in the home office, and which must be signed and agreed to by the telecommuter and the supervisor.

(m)  Provide measurable financial benefits associated with reduced office space requirements, reductions in energy consumption, and reductions in associated emissions of greenhouse gases resulting from telecommuting. State agencies operating in office space owned or managed by the department shall consult the facilities program to ensure its consistency with the strategic leasing plan required under s. 255.249(3)(b).

(4)  The telecommuting program for each state agency and pertinent supporting documents shall be posted on the agency's Internet website to allow access by employees and the public.

History.--ss. 2, 8, ch. 90-291; s. 29, ch. 92-279; s. 55, ch. 92-326; ss. 1, 3, ch. 94-113; s. 10, ch. 96-399; s. 1, ch. 98-31; s. 2, ch. 2008-227.