SENATE AMENDMENT

    Bill No. SB 142

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Brown-Waite moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 6, line 22, through

15            page 7, line 13, delete those lines

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17  and insert:

18         Section 6.  Section 295.11, Florida Statutes, is

19  amended to read:

20         295.11  Investigation; administrative hearing for not

21  employing preferred applicant.--

22         (1)  The Department of Veterans' Affairs or its

23  designee shall, upon the written request of any person

24  specified in s. 295.07, investigate any complaint filed with

25  the department by such person when the person has applied to

26  made application with any state agency or any agency of a

27  political subdivision in of the state for a position of

28  employment which was awarded to a nonveteran and the person

29  feels aggrieved under this chapter. The Department of

30  Veterans' Affairs shall review each case and may issue an

31  opinion to the Public Employees Relations Commission as to the

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                                                  SENATE AMENDMENT

    Bill No. SB 142

    Amendment No.    





 1  merit or lack of merit in each case. The Such investigation

 2  must shall be accomplished within existing amounts

 3  appropriated to the department.

 4         (3)  When a satisfactory resolution to the complaint is

 5  not forthcoming, any the department of the state or political

 6  subdivision in the state may its designee shall, upon written

 7  request of the complainant and with advisory assistance from

 8  the Department of Management Services, testify telephonically

 9  or in person at the discretion of the Public Employees

10  Employee Relations Commission hearing as to the investigative

11  findings.  The complainant, however, may be represented at the

12  hearing by counsel of his or her choice at his or her expense.

13         (4)  Jurisdiction to effectuate the purposes of ss.

14  295.07-295.09 shall vest with the Public Employees Relations

15  Commission for appropriate administrative determination. If,

16  upon preliminary review of the Public Employees Relations

17  Commission, the commission agrees with the department's

18  determination that a case lacks merit and finds, in its

19  discretion, that there was a complete absence of justiciable

20  issues of either law or fact raised by the

21  veterans'-preference complaint, the Public Employees Relations

22  Commission shall dismiss the complaint without the necessity

23  of holding a hearing.

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26  ================ T I T L E   A M E N D M E N T ===============

27  And the title is amended as follows:

28         On page 1, line 20, after the semicolon

29

30  insert:

31         providing for the dismissal of a complaint;

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