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The Florida Senate

2009 Florida Statutes

Section 110.2035, Florida Statutes 2009

110.2035  Classification and compensation program.--

(1)  The Department of Management Services shall establish and maintain a classification and compensation program addressing Career Service, Selected Exempt Service, and Senior Management Service positions. No action may be taken to fill any position until it has been classified in accordance with the classification plan.

(a)  The department shall develop occupation profiles necessary for the establishment of new occupations or for the revision of existing occupations and shall adopt the appropriate occupation title and broadband level code for each occupation. Such occupation profiles, titles, and codes shall not constitute rules within the meaning of s. 120.52

(b)  The department shall be responsible for conducting periodic studies and surveys to ensure that the classification plan is maintained on a current basis.

(c)  The department may review in a postaudit capacity the action taken by an employing agency in classifying or reclassifying a position.

(d)  The department shall effect a classification change on any classification or reclassification action taken by an employing agency if the action taken by the agency was not based on the duties and responsibilities officially assigned the position as they relate to the concepts and description contained in the official occupation profile and the level definition defined in the occupational group characteristics adopted by the department.

(e)  In cooperation and consultation with the employing agencies, the department shall adopt rules necessary to govern the administration of the classification plan. Such rules shall be approved by the Administration Commission prior to their adoption by the department.

(2)  The program shall consist of the following:

(a)  A position classification system using no more than 38 occupational groups and up to a 6-broadband level structure for each occupation within an occupational group. Additional occupational groups may be established only by the Executive Office of the Governor after consultation with the Legislature.

(b)  A pay plan that shall provide broad-based pay bands for each occupational group and shall consist of no more than 25 pay bands.

(3)  The following goals shall be considered in implementing and maintaining the program:

(a)  The classification system must significantly reduce the need to reclassify positions due to work assignment and organizational changes by decreasing the number of classification changes required.

(b)  The classification system must establish broadband levels allowing flexibility in organizational structure and must reduce the number of supervisory broadband levels.

(c)  The classification and compensation program must emphasize pay administration and job-performance evaluation by management rather than emphasize use of the classification system to award salary increases.

(d)  The pay administration system must contain provisions to allow managers the flexibility to move employees through the pay bands and provide for salary increase additives and lump-sum bonuses.

(4)  The classification system shall be structured such that each confidential, managerial, and supervisory employee shall be included in the Selected Exempt Service, in accordance with part V of this chapter.

(5)  The employing agency shall be responsible for the day-to-day application of classification rules promulgated by the department.

(a)  The employing agency shall maintain on a current basis a position description for each authorized and established position assigned the agency. The position description shall include an accurate description of assigned duties and responsibilities and other pertinent information concerning a position and shall serve as a record of the official assignment of duties to the position. Such description shall be used in the comparison of positions to ensure uniformity of classifications.

(b)  The employing agency shall have the authority and responsibility to classify positions authorized by the Legislature or authorized pursuant to s. 216.262; to classify positions that are added in lieu of positions deleted pursuant to s. 216.262; and to reclassify established positions. Classification and reclassification actions taken by an employing agency shall be within the occupations established by the department, shall be funded within the limits of currently authorized appropriations, and shall be in accordance with the uniform procedures adopted by the department.

(6)  The department shall establish and maintain an equitable pay plan applicable to all occupations and shall be responsible for the overall review, coordination, and administration of the pay plan.

(a)  The department shall provide for broad, market-based pay bands for occupations and shall establish guidelines for the employing agencies to move employees through these pay bands. The employing agencies may determine the appropriate salary within the pay bands and guidelines adopted by the department. Such pay bands, and the assignment of broadband levels to positions, shall not constitute rules within the meaning of s. 120.52

(b)  The department, in consultation with the Executive Office of the Governor and the legislative appropriations committees, shall conduct wage and salary surveys as necessary for the purpose of achieving the goal of an equitable, competitive, market-based pay policy.

(c)  The department shall establish, by rule, guidelines with respect to, and shall delegate to the employing agencies, where appropriate, the authority to administer the following:

1.  Shift differentials.

2.  On-call fees.

3.  Hazardous-duty pay.

4.  Salary increase and decrease corrections.

5.  Lead-worker pay.

6.  Temporary special duties pay.

7.  Trainer-additive pay.

8.  Competitive area differentials.

9.  Critical market pay.

The employing agency must use such pay additives as are appropriate within the guidelines established by the department and consistent with the directions of the Legislature contained in the General Appropriations Act. The employing agency shall advise the department, the Executive Office of the Governor, and the Legislature in writing of the plan for implementing such pay additives prior to the implementation date. An agency may not implement any pay additive to a cohort of positions sharing job classifications or job occupations unless the Legislature has specifically authorized such pay additives and such pay additives do not conflict with any collective bargaining agreement for that specific cohort of positions. Any action by an employing agency to implement temporary special duties pay, competitive area differentials, or critical market pay may be implemented only after the department has reviewed and recommended such action; however, an employing agency may use temporary special duties pay for up to 3 months without prior review by the department. The department shall annually provide to the Executive Office of the Governor and the Legislature a summary report of the pay additives implemented pursuant to this section.

History.--s. 14, ch. 2001-43; ss. 42, 43, ch. 2002-402; s. 8, ch. 2003-138; s. 5, ch. 2006-18.