Senate Bill 1144

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    Florida Senate - 1998                                  SB 1144

    By Senator Gutman





    34-1072-98

  1                      A bill to be entitled

  2         An act relating to the rulemaking authority of

  3         the Department of Management Services and other

  4         agencies; creating s. 110.1085, F.S.; requiring

  5         the department to adopt rules to implement a

  6         review and performance planning system to

  7         assess employee performance; amending s.

  8         110.1095, F.S.; directing the department to

  9         adopt rules for training programs; amending s.

10         110.201, F.S.; authorizing agencies to

11         prescribe penalties for misconduct; amending s.

12         110.207, F.S.; prohibiting positions from being

13         filled before they have been classified;

14         amending s. 110.227, F.S.; directing the

15         department to adopt a grievance procedure for

16         career service employees; amending s. 216.262,

17         F.S.; providing rulemaking authority; amending

18         s. 272.18, F.S.; providing rulemaking

19         authority; providing an effective date.

20

21  Be It Enacted by the Legislature of the State of Florida:

22

23         Section 1.  Section 110.1085, Florida Statutes, is

24  created to read:

25         110.1085 Review and performance planning.--The

26  department shall establish a review and performance planning

27  system to assess employee performance. The department shall

28  adopt rules to implement the review and performance planning

29  system.

30         Section 2.  Subsection (3) is added to section

31  110.1095, Florida Statutes, to read:

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    Florida Senate - 1998                                  SB 1144
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  1         110.1095  Supervisory and management training and

  2  continuing education for executive branch agencies.--The

  3  department shall represent the public interest in the

  4  improvement of administration by providing training programs

  5  for all executive branch agencies, except the State University

  6  System, aimed at improving managerial, administrative, and

  7  technical skills.

  8         (3)  The department shall adopt rules for the

  9  administration of training programs for employees in the

10  career service, senior management service, and selected exempt

11  service.

12         Section 3.  Present subsections (3) and (4) of section

13  110.201, Florida Statutes, are redesignated as subsections (4)

14  and (5), respectively, and new subsection (3) is added to that

15  section to read:

16         110.201  Personnel rules, records, and reports.--

17         (3)  Notwithstanding subsections (1) and (2) or other

18  provisions of law, each agency may prescribe penalties or

19  ranges of penalties for various types of misconduct without

20  adopting them as rules. Copies of the prescribed penalties

21  must be given to the agency's career service employees.

22         Section 4.  Subsection (1) of section 110.207, Florida

23  Statutes, is amended to read:

24         110.207  Classification plan.--

25         (1)  The department shall establish and maintain a

26  uniform classification plan applicable to all positions in the

27  career service and shall be responsible for the overall

28  coordination, review, and maintenance of the plan. No action

29  may be taken to fill any position until it has been classified

30  in accordance with the classification plan.

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    Florida Senate - 1998                                  SB 1144
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  1         (a)  The department shall develop class specifications

  2  necessary for the establishment of new classes or for the

  3  revision of existing classes and shall adopt the appropriate

  4  class title and class code for each class. Such class

  5  specifications, titles, and codes shall not constitute rules

  6  within the meaning of s. 120.52.

  7         (b)  The department shall be responsible for conducting

  8  periodic studies and surveys to assure that the classification

  9  plan is maintained on a current basis.

10         (c)  The department may review in a postaudit capacity

11  the action taken by an employing agency in classifying or

12  reclassifying a position.

13         (d)  The department shall effect a classification

14  change on any classification or reclassification action taken

15  by an employing agency if the action taken by the agency was

16  not based on the duties and responsibilities officially

17  assigned the position as they relate to the concepts and

18  allocation factors contained in the official class

19  specifications adopted by the department.

20         (e)  Any action taken by the department in regard to

21  the classification or reclassification of a position which

22  affects a department headed by a Cabinet officer or by the

23  Governor and Cabinet may be reviewed by the Administration

24  Commission, and the decision of the department may be changed

25  by a majority vote of the Administration Commission.

26         (f)  In cooperation and consultation with the employing

27  agencies, the department shall adopt rules necessary to govern

28  the administration of the classification plan.  Such rules

29  shall be approved by the Administration Commission prior to

30  their adoption by the department.

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  1         (g)  In consultation with the Executive Office of the

  2  Governor, the department shall facilitate the statewide

  3  planning of the career service broadbanding compensation and

  4  classification system.

  5         1.  Upon approval by the Executive Office of the

  6  Governor, the department shall begin developing the

  7  broadbanding system to ensure agency flexibility and

  8  accountability on a statewide basis, and shall have the

  9  authority to determine system modifications necessary to

10  permit use by all agencies.  The proposed structure shall

11  address all issues raised in the January 1997 report on the

12  "Review of the Department of Transportation Model

13  Classification Plan" submitted to the Governor, the President

14  of the Senate, and the Speaker of the House of

15  Representatives.  The Department of Management Services shall

16  provide alternatives for a rate funding formula that will not

17  exceed the statewide cost under the current formula and will

18  ensure that agencies are able to effectively recruit and

19  retain employees.  The Department of Transportation shall

20  continue to use the model system it developed under the

21  provision of s. 334.0445 until July 1, 1999.

22         2.  Once the Executive Office of the Governor has

23  approved a statewide broadbanding compensation and

24  classification system, state agencies will come under the

25  uniform personnel system based on an implementation schedule

26  developed by the Department of Management Services and

27  approved by the Executive Office of the Governor.

28         Section 5.  Section 110.227, Florida Statutes, is

29  amended to read:

30         110.227  Suspensions, dismissals, reductions in pay,

31  demotions, layoffs, and transfers, and grievances.--

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  1         (1)  Any employee who has permanent status in the

  2  career service may only be suspended or dismissed for cause.

  3  Cause shall include, but not be limited to, negligence,

  4  inefficiency or inability to perform assigned duties,

  5  insubordination, willful violation of the provisions of law or

  6  agency rules, conduct unbecoming a public employee,

  7  misconduct, habitual drug abuse, or conviction of any crime

  8  involving moral turpitude.  Each agency head shall ensure that

  9  all employees of the agency are completely familiar with the

10  agency's established procedures on disciplinary actions and

11  grievances.

12         (2)  The department shall establish rules and

13  procedures for the suspension, reduction in pay, transfer,

14  layoff, demotion, and dismissal of employees in the career

15  service.  Such rules shall be approved by the Administration

16  Commission prior to their adoption by the department.

17         (3)(a)  When a layoff becomes necessary, such layoff

18  shall be conducted within the competitive area identified by

19  the agency head and approved by the Department of Management

20  Services.  Such competitive area shall be established taking

21  into consideration the similarity of work; the organizational

22  unit, which may be by agency, department, division, bureau, or

23  other organizational unit; and the commuting area for the work

24  affected.

25         (b)  Layoff procedures shall be developed to establish

26  the relative merit and fitness of employees and shall include

27  a formula for uniform application among all employees in the

28  competitive area, taking into consideration the type of

29  appointment, the length of service, and the evaluations of the

30  employee's performance within the last 5 years of employment.

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    Florida Senate - 1998                                  SB 1144
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  1         (4)  Any permanent career service employee subject to

  2  reduction in pay, transfer, layoff, or demotion from a class

  3  in which he or she has permanent status in the Career Service

  4  System shall be notified in writing by the agency prior to its

  5  taking such action.  The notice may be delivered to the

  6  employee personally or may be sent by certified mail with

  7  return receipt requested.  Such actions shall be appealable to

  8  the Public Employees Relations Commission, pursuant to s.

  9  447.208 and rules adopted by the commission.

10         (5)(a)  Any permanent career service employee who is

11  subject to suspension or dismissal shall receive written

12  notice of such action at least 10 days prior to the date such

13  action is to be taken.  Subsequent to such notice, and prior

14  to the date the action is to be taken, the affected employee

15  shall be given an opportunity to appear before the agency or

16  official taking the action to answer orally and in writing the

17  charges against him or her. The notice to the employee

18  required by this paragraph may be delivered to the employee

19  personally or may be sent by certified mail with return

20  receipt requested.  An employee who is suspended or dismissed

21  shall be entitled to a hearing before the Public Employees

22  Relations Commission or its designated agent pursuant to s.

23  447.208 and rules adopted by the commission.

24         (b)  In extraordinary situations such as when the

25  retention of a permanent career service employee would result

26  in damage to state property, would be detrimental to the best

27  interest of the state, or would result in injury to the

28  employee, a fellow employee, or some other person, such

29  employee may be suspended or dismissed without 10 days' prior

30  notice, provided that written or oral notice of such action,

31  evidence of the reasons therefor, and an opportunity to rebut

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    Florida Senate - 1998                                  SB 1144
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  1  the charges are furnished to the employee prior to such

  2  dismissal or suspension.  Such notice may be delivered to the

  3  employee personally or may be sent by certified mail with

  4  return receipt requested. Agency compliance with the foregoing

  5  procedure requiring notice, evidence, and an opportunity for

  6  rebuttal must be substantiated.  Any employee who is suspended

  7  or dismissed pursuant to the provisions of this paragraph

  8  shall be entitled to a hearing before the Public Employees

  9  Relations Commission or its designated agent pursuant to s.

10  447.208, except that such hearing shall be held no more than

11  20 days after the filing of the notice of appeal by the

12  employee.

13         (6)  The department shall adopt rules establishing a

14  grievance procedure for career service employees. The

15  following matters are not subject to the grievance procedures

16  adopted under this section: claims for discrimination and

17  sexual harassment, suspensions, reductions in pay, transfers,

18  lay-offs, or demotions.

19         Section 6.  Subsection (4) is added to section 216.262,

20  Florida Statutes, to read:

21         216.262  Authorized positions.--

22         (4)  The Department of Management Services may adopt

23  other rules to administer this section.

24         Section 7.  Paragraph (g) of subsection (3) of section

25  272.18, Florida Statutes, is amended to read:

26         272.18  Governor's Mansion Commission.--

27         (3)

28         (g)  The commission also shall adopt rules governing

29  the use of the state rooms of the Governor's Mansion, the

30  selection and acquisition of furnishings and decorations for

31  these rooms, and the acceptance of gifts, contributions,

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    Florida Senate - 1998                                  SB 1144
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  1  bequests, or loans of property. The commission may adopt other

  2  rules to administer this section.

  3         Section 8.  This act shall take effect upon becoming a

  4  law.

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  7                          SENATE SUMMARY

  8    Authorizes the Department of Management Services to adopt
      rules in various areas of delegated responsibility.
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