Senate Bill 0364

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



    Florida Senate - 1999                                   SB 364

    By the Committee on Governmental Oversight and Productivity





    302-573-99

  1                      A bill to be entitled

  2         An act relating to public employment; amending

  3         s. 110.131, F.S.; authorizing the Department of

  4         Management Services to contract with a private

  5         entity to provide temporary and seasonal

  6         employees for state agencies; requiring that

  7         the entity provide health insurance and

  8         retirement benefits for such employees;

  9         providing an effective date.

10

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

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13         Section 1.  Section 110.131, Florida Statutes, 1998

14  Supplement, is amended to read:

15         110.131  Other-personal-services temporary

16  employment.--

17         (1)  As used in this section, the term "agency" means

18  any official, officer, commission, board, authority, council,

19  committee, or department of the executive branch of state

20  government and means any officer, court, commission, or other

21  unit of the judicial branch of state government supported in

22  whole or in part by appropriations made by the Legislature.

23         (2)  An agency may employ any individual in

24  other-personal-services temporary employment for 1,040 hours

25  within any 12-month period. An extension beyond a total of

26  1,040 hours within an agency for any individual requires the

27  approval of the agency head or a designee. Approval of

28  extensions shall be made in accordance with criteria

29  established by the department.  Each agency shall maintain

30  employee information as specified by the department regarding

31  each extension of other-personal-services temporary

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    Florida Senate - 1999                                   SB 364
    302-573-99




  1  employment.  The time limitation established by this

  2  subsection does not apply to board members, consultants,

  3  seasonal employees, institutional clients employed as part of

  4  their rehabilitation, or bona fide, degree-seeking students in

  5  accredited secondary or postsecondary educational programs.

  6         (3)  The department shall adopt rules providing that

  7  other-personal-services temporary employment in an

  8  employer-employee relationship shall be used for short-term

  9  tasks. Such rules shall specify the employment categories,

10  terms, conditions, rate of pay, and frequency of

11  other-personal-services temporary employment and the duration

12  for which such employment may last; specify criteria for

13  approving extensions beyond the time limitation provided in

14  subsection (2); and prescribe recordkeeping and reporting

15  requirements for other-personal-services employment.

16         (4)  The department shall prepare written material

17  explaining the terms and conditions of other-personal-services

18  employment and shall provide master copies to each agency.

19  Each agency shall provide each of its applicants for such

20  employment with a copy thereof at the time of application and

21  shall discuss the information contained thereon with each

22  applicant at the time of interview or employment commencement,

23  whichever occurs sooner.

24         (5)  The department shall maintain information relating

25  to other-personal-services employment for each agency.  Such

26  information shall include:

27         (a)  The total amount of compensation for

28  other-personal-services personnel, by employment category, for

29  the preceding fiscal year.

30         (b)  The name, social security number, employment

31  category, employment commencement date, and number of hours

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    Florida Senate - 1999                                   SB 364
    302-573-99




  1  worked for each individual whose initial

  2  other-personal-services temporary employment began before the

  3  start of the preceding fiscal year and who was still employed

  4  as an other-personal-services temporary employee at the end of

  5  the preceding fiscal year.

  6         (6)(a)  The provisions of subsections (2), (3), and (4)

  7  do not apply to any employee for whom the Board of Regents or

  8  the Board of Trustees of the Florida School for the Deaf and

  9  the Blind is the employer as defined in s. 447.203(2); except

10  that, for purposes of subsection (5), the Board of Trustees of

11  the Florida School for the Deaf and the Blind shall comply

12  with the recordkeeping and reporting requirements adopted by

13  the department pursuant to subsection (3) with respect to

14  those other-personal-services employees exempted by this

15  subsection.

16         (b)  The provisions of subsections (2), (3), and (4) do

17  not apply to any employee of the Division of Blind Services

18  Library for the Blind and Physically Handicapped for whom the

19  Division of Blind Services is the employer as defined in s.

20  447.203(2); except that, for purposes of subsection (5), the

21  Division of Blind Services shall comply with the recordkeeping

22  and reporting requirements adopted by the department pursuant

23  to subsection (3) with respect to those

24  other-personal-services employees exempted by this subsection.

25         (c)  Notwithstanding the provisions of this section,

26  the secretary of the Department of Health or the secretary's

27  delegate may extend the other-personal-services employment of

28  a health care practitioner licensed pursuant to chapter 458,

29  chapter 459, chapter 460, chapter 461, chapter 463, chapter

30  464, chapter 466, chapter 468, chapter 483, chapter 486, or

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    Florida Senate - 1999                                   SB 364
    302-573-99




  1  chapter 490 beyond 2,080 hours and may employ such

  2  practitioner on an hourly or other basis.

  3         (7)  The Department of Management Services may contract

  4  with qualified private entities to provide labor funded from

  5  appropriations for other personal services for all state

  6  agencies. The proposal for labor must require that the private

  7  entity provide prequalified employees for the temporary or

  8  seasonal workload demands of the state agency and provide

  9  health insurance and retirement benefits for such employees

10  which are comparable to the benefits available in the private

11  sector.

12         (8)(7)  The Department of Management Services shall

13  annually assess agencies for the regulation of other personal

14  services on a pro rata share basis not to exceed an amount as

15  provided in the General Appropriations Act.

16         Section 2.  This act shall take effect upon becoming a

17  law.

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20                          SENATE SUMMARY

21    Provides for the Department of Management Services to
      contract with a private entity to provide labor funded
22    from appropriations for other personal services for all
      state agencies. Requires that the private entity provide
23    the employees with health insurance and retirement
      benefits.
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