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2021 Florida Statutes (Including 2021B Session)

Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 110 STATE EMPLOYMENT Entire Chapter
SECTION 171
State employee telework program.
F.S. 110.171
110.171 State employee telework 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) “Telework” means a work arrangement that allows a state employee to conduct all or some of his or her work away from the official worksite during all or a portion of the state employee’s established work hours on a regular basis. The term does not include, and a telework agreement is not required for:
1. Performance of required work duties away from the official worksite and outside of established work hours on an occasional basis and sporadically working away from the official worksite during all or some portion of the established work hours. These arrangements may be used by an agency to accommodate extenuating circumstances by allowing an employee to maintain productivity away from the official worksite.
2. Duties and responsibilities that, by their nature, are performed routinely in the field away from the official worksite.
(2) An agency may establish telework as an integral part of the normal business operations of the agency and require that specific work be performed through telework arrangements. Telework may also be used as part of an agency’s continuity of operations plan where appropriate. An agency shall provide telework as an optional alternative work arrangement to support employee needs and implement telework arrangements where deemed appropriate.
(3) Each agency shall review all established positions and designate those positions that the agency deems appropriate for telework. The agency shall ensure that this information is current and available to its employees and managers. In addition, each agency shall identify all currently participating employees and their respective positions in the human resource information system used by that agency.
(4) Agencies that have a telework program shall develop an agency plan that addresses the agency’s telework policies and procedures. At a minimum, an agency telework plan must:
(a) Establish criteria for evaluating the ability of employees to satisfactorily perform in a telework arrangement.
(b) Establish performance standards that ensure that teleworkers maintain satisfactory performance levels.
(c) Ensure that teleworkers are subject to the same rules and disciplinary actions as other employees.
(d) Establish the reasonable conditions that the agency plans to impose in order to ensure appropriate use and maintenance of any equipment issued by the agency.
(e) Establish a system for monitoring the productivity of teleworkers that ensures that the work output remains at a satisfactory level and that the duties and responsibilities of the position remain suitable for a telework arrangement.
(f) Establish the appropriate physical and electronic information security controls to be maintained by a teleworker at the telework site.
(g) Prohibit a teleworker from conducting face-to-face state business at his or her residence.
(5) At the discretion of the agency, if an employee is approved by the agency to use telework as an optional alternative work arrangement, the agency shall require a written agreement between the teleworker and the agency that specifies the terms and conditions of the telework arrangement and provides for the termination of an employee’s participation in the program if the employee’s continued participation is not in the best interest of the agency.
(6) Agencies that require certain employees to telework as a part of normal business operations shall:
(a) Include the requirement to telework and the associated terms and conditions as part of the position description, specifying the minimum amount of telework required.
(b) Provide at least 30 calendar days’ written notice to affected employees of intent to impose or remove a requirement to telework.
(c) Provide at least 15 calendar days’ written notice to affected employees of intent to revise the terms and conditions of the current telework arrangement.
(d) Provide equipment and supplies to an employee necessary to carry out job functions from the telework site.
(e) Specify the telework requirement in any recruitment activities.
(7) Agencies that have a telework program shall establish and track performance measures that support telework program analysis and report data annually to the department in accordance with s. 255.249(8). Such measures must include, but need not be limited to, those that quantify financial impacts associated with changes in office space requirements resulting from the telework program. Agencies operating in office space owned or managed by the department shall consult the department to ensure consistency with the strategic leasing plan required under s. 255.249(6).
(8) Agencies that have a telework program shall post the agency telework plan and any pertinent supporting documents on the agency’s Internet website to allow access by employees and the public.
(9) Agencies may approve other-personal-services employees to participate in telework programs.
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; s. 8, ch. 2012-215; s. 10, ch. 2013-152.