CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS/HB 3619, 1st Eng.

    Amendment No.    

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11  Senator Kirkpatrick moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14          Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Section 14.025, Florida Statutes, is

18  created to read:

19         14.025  Executive powers for year 2000 computer

20  remediation.--

21         (1)  In the event the Governor believes that a computer

22  system may fail related to the impending date change

23  necessitated by the year 2000, or in the event of a computer

24  system failure related to the date change necessitated by the

25  year 2000, the Governor may reassign resources, including

26  personnel, from one or more agencies or departments to the

27  agency with the projected or actual computer system failure.

28  If this agency is under the control of the Governor, and the

29  agencies affected by the reassignment of resources also are

30  under the control of the Governor, the actions and decisions

31  of the Governor with respect to the reassignment of resources

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3619, 1st Eng.

    Amendment No.    





 1  are final. If the transfer is from an agency under the control

 2  of the Governor to an agency under the control of the Governor

 3  and Cabinet or the transfer is from an agency under the

 4  control of the Governor and Cabinet to an agency under the

 5  control of the Governor, the recommendation by the Governor

 6  shall be forwarded to the Administration Commission for

 7  approval.

 8         (2)  If a year 2000 computer system failure occurs, or

 9  is predicted to occur, in an agency under the control of the

10  Governor and Cabinet, and the Governor recommends the

11  reassignment of resources, including personnel, from an agency

12  under the control of the Governor and Cabinet, such

13  recommendation by the Governor shall be forwarded to the

14  Administration Commission for approval.

15         (3)  If a year 2000 computer system failure occurs, or

16  is predicted to occur, in an agency under the control of a

17  Cabinet officer, and the Governor recommends the reassignment

18  of resources, including personnel, from an agency under the

19  control of a Cabinet officer, such recommendation by the

20  Governor shall be forwarded to the Administration Commission

21  for approval.

22         (4)  Notwithstanding ss. 216.292 and 216.351, or any

23  other law to the contrary, moneys reassigned related to a

24  predicted or actual year 2000 computer system failure must be

25  transferred as specified by s. 216.177. The Governor shall

26  follow the process in part II of chapter 112 in transferring

27  personnel among affected agencies. The transfer of personnel

28  or moneys for more than 90 days must have the concurrence of

29  the President of the Senate, the Speaker of the House of

30  Representatives, and a majority of the members of each of the

31  House and Senate fiscal committees.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3619, 1st Eng.

    Amendment No.    





 1         (5)  The Legislature may, by concurrent resolution,

 2  terminate the reassignment of state resources made pursuant to

 3  this section.

 4         (6)  This section is repealed July 1, 2000. 

 5         Section 2.  Section 112.24, Florida Statutes, is

 6  amended to read:

 7         112.24  Intergovernmental transfer and interchange of

 8  public employees.--To encourage economical and effective

 9  utilization of public employees in this state, the temporary

10  assignment of employees among agencies of government, both

11  state and local, and including school districts and public

12  institutions of higher education is authorized under terms and

13  conditions set forth in this section.  State agencies,

14  municipalities, and political subdivisions are authorized to

15  enter into employee interchange agreements with other state

16  agencies, the Federal Government, with another state, a with

17  another municipality, or a political subdivision including a

18  school district, or with a public institution of higher

19  education.  State agencies are also authorized to enter into

20  employee interchange agreements with private institutions of

21  higher education and other nonprofit organizations under the

22  terms and conditions provided in this section.  In addition,

23  the Governor or the Governor and Cabinet may enter into

24  employee interchange agreements with a state agency, the

25  Federal Government, with another state, with a municipality,

26  or a political subdivision including a school district, or

27  with a public institution of higher learning to fill, subject

28  to the requirements of chapter 20, appointive offices which

29  are within the executive branch of government and which are

30  filled by appointment by the Governor or the Governor and

31  Cabinet.  Under no circumstances shall employee interchange

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3619, 1st Eng.

    Amendment No.    





 1  agreements be utilized for the purpose of assigning

 2  individuals to participate in political campaigns. Duties and

 3  responsibilities of interchange employees shall be limited to

 4  the mission and goals of the agencies of government.

 5         (1)  Details of an employee interchange program shall

 6  be the subject of an agreement, which may be extended or

 7  modified, between a sending party and a receiving party.

 8  State agencies shall report such agreements and any extensions

 9  or modifications thereto to the Department of Management

10  Services.

11         (2)  The period of an individual's assignment or detail

12  under an employee interchange program shall not exceed 2

13  years. Upon agreement of the sending party and the receiving

14  party and under the same or modified terms, an assignment or

15  detail of 2 years may be extended by 3 months. However,

16  agreements relating to faculty members of the State University

17  System may be extended biennially upon approval by the

18  Department of Management Services. If the appointing agency is

19  the Governor or the Governor and Cabinet, the period of an

20  individual's assignment or detail under an employee

21  interchange program shall not exceed 2 years plus an extension

22  of 3 months or the number of years left in the term of office

23  of the Governor, whichever is less.

24         (3)  Salary, leave, travel and transportation, and

25  reimbursements for an employee of a sending party that is

26  participating in an interchange program shall be handled as

27  follows:

28         (a)  An employee of a sending party who is

29  participating in an interchange agreement may be considered as

30  on detail to regular work assignments of the sending party or

31  in a leave status from the sending party except that the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3619, 1st Eng.

    Amendment No.    





 1  receiving agency shall pay the salary and benefits of such

 2  employee during the time, in excess of 1 week, that the

 3  employee is working for the receiving agency. However, an

 4  employee of a sending party who is participating in an

 5  interchange agreement pursuant to s. 10, chapter 91-429, Laws

 6  of Florida, shall be considered as on detail to regular work

 7  assignments of the sending party, and the sending party shall

 8  reimburse the receiving agency for the salary and benefits and

 9  expenses of such employee and any other direct costs of

10  conducting the inspections during the time the employee is

11  working for the receiving agency.

12         1.  If on detail, an employee shall receive the same

13  salary and benefits as if he or she were not on detail and

14  shall remain the employee of the sending party for all

15  purposes except that supervision during the period of detail

16  may be governed by the interchange agreement.

17         2.  If on leave, an employee shall have the same

18  rights, benefits, and obligations as other employees in a

19  leave status subject to exceptions provided in rules for state

20  employees issued by the department or the rules or other

21  decisions of the governing body of the municipality or

22  political subdivision.

23         (b)  The assignment of an employee of a state agency

24  either on detail or on leave of absence may be made without

25  reimbursement by the receiving party for the travel and

26  transportation expenses to or from the place of the assignment

27  or for the pay and benefits, or a part thereof, of the

28  employee during the assignment.

29         (c)  If the rate of pay for an employee of an agency of

30  the state on temporary assignment or on leave of absence is

31  less than the rate of pay he or she would have received had

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3619, 1st Eng.

    Amendment No.    





 1  the employee continued in his or her regular position, such

 2  employee is entitled to receive supplemental pay from the

 3  sending party in an amount equal to such difference.

 4         (d)  Any employee who participates in an exchange under

 5  the terms of this section who suffers disability or death as a

 6  result of personal injury arising out of and in the course of

 7  an exchange, or sustained in performance of duties in

 8  connection therewith, shall be treated, for the purposes of

 9  the sending party's employee compensation program, as an

10  employee who sustained injury in the performance of duty, but

11  shall not receive benefits under such program for any period

12  for which the employee is entitled to, and elects to receive,

13  similar benefits under the receiving party's employee

14  compensation program.

15         (e)  A sending party in this state may, in accordance

16  with the travel regulations of such party, pay the travel

17  expenses of an employee who is assigned to a receiving party

18  on either detail or leave basis, but shall not pay the travel

19  expenses of such an employee incurred in connection with work

20  assignments at the receiving party.  If the assignment or

21  detail will exceed 8 months, travel expenses may include

22  expenses to transport immediate family, household goods, and

23  personal effects to and from the location of the receiving

24  party.  If the period of assignment is 3 months or less, the

25  sending party may pay a per diem allowance to the employee on

26  assignment or detail.

27         (4)(a)  When any agency, municipality, or political

28  subdivision of this state acts as a receiving party, an

29  employee of the sending party who is assigned under authority

30  of this section may be given appointments by the receiving

31  party covering the periods of such assignments, with

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3619, 1st Eng.

    Amendment No.    





 1  compensation to be paid from the receiving party's funds, or

 2  without compensation, or be considered to be on detail to the

 3  receiving party.

 4         (b)  Appointments of persons so assigned may be made

 5  without regard to the laws or regulations governing the

 6  selection of employees of the receiving party.

 7         (c)  During the period of an assignment, the employee

 8  who is detailed to the receiving party shall not by virtue of

 9  such detail be considered an employee of the receiving party,

10  except as provided in paragraph (d), nor shall the employee be

11  paid a wage or salary by the receiving party.  The supervision

12  of an employee during the period of the detail may be governed

13  by agreement between the sending party and the receiving

14  party.  A detail of an employee to a state agency may be made

15  with or without reimbursement to the sending party by the

16  receiving party for the pay and benefits, or a part thereof,

17  of the employee during the period of the detail.

18         (d)  If the sending party of an employee assigned to an

19  agency, municipality, or political subdivision of this state

20  fails to continue making the employer's contribution to the

21  retirement, life insurance, and health benefit plans for that

22  employee, the receiving party of this state may make the

23  employer's contribution covering the period of the assignment

24  or any part thereof.

25         (e)  Any employee of a sending party assigned in this

26  state who suffers disability or death as a result of personal

27  injury arising out of and in the course of such assignment, or

28  sustained in the performance of duties in connection

29  therewith, shall be treated for the purpose of the receiving

30  party's employee compensation program, as an employee who has

31  sustained injury in the performance of duty, but shall not

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3619, 1st Eng.

    Amendment No.    





 1  receive benefits under such program for any period for which

 2  he or she elects to receive similar benefits as an employee

 3  under the sending party's employee compensation program.

 4         (f)  A receiving party in this state may, in accordance

 5  with the travel regulations of such party, pay travel expenses

 6  of persons assigned thereto during the period of such

 7  assignments on the same basis as if they were regular

 8  employees of the receiving party.

 9         (5)  An agency may enter into agreements with private

10  institutions of higher education in this state as the sending

11  or receiving party as specified in subsections (3) and (4).

12         Section 3.  Subsection (1) of section 112.27, Florida

13  Statutes, is amended to read:

14         112.27  Authority to interchange employees.--

15         (1)  Any department, agency, or instrumentality of the

16  state is authorized to participate in a program of interchange

17  of employees with departments, agencies, or instrumentalities

18  of the state, the federal government, or another state, as a

19  sending or receiving agency.

20         Section 4.  Section 282.4045, Florida Statutes, is

21  created to read:

22         282.4045  Immunity for state agencies and units of

23  local government for year 2000 computer date calculation

24  failures.--The State of Florida, its agencies, and any unit of

25  local government shall be immune from damages consistent with

26  s. 768.28. For purposes of this section, the state's agencies

27  or instrumentalities shall be deemed to include any public or

28  private university school of medicine that is part of a public

29  or private university supported in whole or in part by state

30  funds and that has an affiliation with a local government or

31  state instrumentality under which the medical school's

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3619, 1st Eng.

    Amendment No.    





 1  computer system or systems, or diagnostic or therapeutic

 2  equipment dependent upon date logic, are used to provide

 3  clinical patient care services to the public.

 4         Section 5.  No new information technology projects

 5  shall be established with funding releases unless the agency

 6  plan for year 2000 work is on schedule or ahead of schedule

 7  for the two most recent reporting periods of the Agency Year

 8  2000 Progress Report. Such status shall be certified by the

 9  year 2000 project officer.

10         Section 6.  This act shall take effect upon becoming a

11  law.

12

13

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

15  And the title is amended as follows:

16          Delete everything before the enacting clause

17

18  and insert:

19                      A bill to be entitled

20         An act relating to computers; creating s.

21         14.025, F.S., relating to the Governor;

22         recognizing the potential computer problems

23         that may occur in state agencies due to the

24         date change necessitated by the year 2000;

25         authorizing the Governor to reassign resources

26         in the event of a likely computer failure;

27         authorizing the Administration Commission to

28         reassign resources if an agency headed by the

29         Governor and Cabinet or a Cabinet officer is

30         likely to experience a computer failure;

31         requiring the reassignment of resources to

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3619, 1st Eng.

    Amendment No.    





 1         conform with the law governing budget

 2         amendments; requiring the reassignment of

 3         personnel to conform with the law governing

 4         employee interchanges; requiring legislative

 5         approval if a reassignment of resources is

 6         necessary for more than 90 days; authorizing

 7         legislative veto of the reassignment of state

 8         resources; providing for repeal of the powers

 9         granted to the Governor; amending ss. 112.24

10         and 112.27, F.S., relating to employee

11         interchange programs; clarifying that state

12         agencies may exchange employees; creating s.

13         282.4045, F.S.; providing legislative findings

14         relating to the adequacy of the state's actions

15         to prevent year 2000 computer failures;

16         protecting the state and units of local

17         government against legal actions that result

18         from a year 2000 computer date calculation

19         failure; providing an effective date.

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