Senate Bill 2160
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Florida Senate - 2000 SB 2160
By Senator Campbell
33-1383-00
1 A bill to be entitled
2 An act relating to state government; amending
3 s. 110.117, F.S.; providing eligibility for
4 state employees for a personal day each year;
5 amending s. 110.122, F.S.; providing for
6 accumulated sick leave upon termination of
7 employment; amending s. 110.1523, F.S.;
8 conforming provisions; amending s. 255.25,
9 F.S.; authorizing state agencies to negotiate a
10 replacement lease under certain conditions;
11 providing an exception to limitations on
12 state-agency leases for leases negotiated
13 pursuant to the pilot project established by
14 the Department of Management Services;
15 providing for leases without competitive bids
16 for office space in an area designated as part
17 of the Front Porch Florida Initiative when
18 approved by the department; requiring the
19 department to undertake a pilot project to
20 assist agencies to locate private-sector
21 leases; authorizing the department to adopt
22 rules; providing goals for the pilot project;
23 amending s. 255.2501, F.S.; providing a
24 limitation on lease of space financed with
25 local government obligation for leases entered
26 into under s. 255.25, F.S.; amending s.
27 272.161, F.S.; authorizing the department to
28 assign permit parking spaces; authorizing the
29 department to establish fees for all
30 state-owned parking facilities under its
31 jurisdiction; authorizing the department to
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1 issue tickets; amending s. 287.042, F.S.;
2 authorizing the department to plan and
3 coordinate purchases in volume and to execute
4 purchasing agreements and contracts for
5 emergency medical services organizations;
6 amending s. 365.171, F.S.; modifying provisions
7 relating to the "911" fee; authorizing the
8 department to establish by rule the methods for
9 collecting data and the "911" fee; repealing s.
10 110.1521, F.S., relating to the short title of
11 the Family Support Personnel Policies Act;
12 providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Subsection (3) of section 110.117, Florida
17 Statutes, is amended to read:
18 110.117 Paid holidays.--
19 (3) Each full-time employee is eligible for entitled
20 to one personal day holiday each year. Each part-time employee
21 is eligible for entitled to a personal day holiday each year
22 which shall be calculated proportionately to the personal day
23 holiday allowed to a full-time employee. Such personal day
24 holiday shall be credited to eligible employees on July 1 of
25 each year to be taken prior to June 30 of the following year.
26 Members of the teaching and research faculty of the State
27 University System and administrative and professional
28 positions exempted under s. 110.205(2)(d) are not eligible for
29 this benefit.
30 Section 2. Section 110.122, Florida Statutes, is
31 amended to read:
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1 110.122 Terminal payment for accumulated sick leave.--
2 (1) All state branches, departments, and agencies
3 which have the authority to establish or approve personnel
4 policies for employees and to employ personnel and establish
5 the conditions of their employment shall establish policies to
6 provide terminal "incentive" pay for accumulated and unused
7 sick leave to each employee upon normal or regular retirement
8 for reason other than disability or upon termination of
9 employment, or to the employee's beneficiary if service is
10 terminated by death, provided such retirement, termination, or
11 death occurs after 10 years of creditable state employment.
12 (2) The employing entity shall establish and publish
13 rules governing the accumulation and use of sick leave and
14 maintain accurate and reliable records showing the amount of
15 sick leave which has accumulated and is unused by the employee
16 at the time of retirement, death, or termination.
17 (3) The payments authorized by this section shall be
18 determined by using the rate of pay received by the employee
19 at the time of retirement, termination, or death, applied to
20 the sick leave time for which the employee is qualified to
21 receive terminal "incentive" pay under the rules adopted by
22 the department pursuant to the provisions of this section.
23 Rules and policies adopted pursuant to this section shall
24 permit terminal pay for sick leave equal to one-eighth of all
25 unused sick leave credit accumulated prior to October 1, 1973,
26 plus one-fourth of all unused sick leave accumulated on or
27 after October 1, 1973. However, terminal pay allowable for
28 unused sick leave accumulated on or after October 1, 1973,
29 shall not exceed a maximum of 480 hours of actual payment.
30 Employees shall be required to use all sick leave accumulated
31
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1 prior to October 1, 1973, before using sick leave accumulated
2 on or after October 1, 1973.
3 (4) The payments made pursuant to this section shall
4 not be considered in any state-administered retirement system
5 as salary payments and shall not be used in determining the
6 average final compensation of an employee in any
7 state-administered retirement system.
8 (5) Any otherwise eligible employee:
9 (a) Who is found guilty in a court of competent
10 jurisdiction of committing, aiding, or abetting any
11 embezzlement or theft from the employee's employer or bribery
12 in connection with the employment, committed prior to
13 retirement or 10-year normal creditable termination;
14 (b) Whose employment is terminated by reason of the
15 employee having admitted committing, aiding, or abetting an
16 embezzlement or theft from his or her employer or by reason of
17 bribery;
18 (c) Who, prior to 10-year normal creditable
19 termination or retirement is adjudged by a court of competent
20 jurisdiction to have violated any state law against strikes by
21 public employees; or
22 (d) Who has been found guilty by a court of competent
23 jurisdiction of violating any state law prohibiting strikes by
24 public employees,
25
26 shall forfeit all rights and benefits under this section. An
27 employee whose employment terminates as a result of an act
28 committed subject to this subsection shall not be given credit
29 for unused sick leave accumulated prior to termination should
30 the employee be reemployed at a later date.
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1 Section 3. Section 110.1523, Florida Statutes, is
2 amended to read:
3 110.1523 Adoption of model rule.--The model rule shall
4 be effective 20 days after having been filed with the
5 Department of State and shall become part of the personnel
6 rules of all applicable state agencies 150 days after the
7 effective date of the rule to the extent that each agency does
8 not, subsequent to such effective date, adopt a rule that sets
9 forth the intent to specifically amend all or part of such
10 model rule. Any employee or organization representing
11 employees shall be considered a party for purposes of any rule
12 required by this section and s. 110.1522 ss.
13 110.1521-110.1523, notwithstanding any provision of chapter
14 120 to the contrary.
15 Section 4. Subsection (3) of section 255.25, Florida
16 Statutes, is amended to read:
17 255.25 Approval required prior to construction or
18 lease of buildings.--
19 (3)(a) Except as provided in subsection (10) and
20 except for those leases negotiated pursuant to the pilot
21 project established by the Department of Management Services,
22 no state agency shall enter into a lease as lessee for the use
23 of 5,000 square feet or more of space in a privately owned
24 building except upon advertisement for and receipt of
25 competitive bids and award to the lowest and best bidder. The
26 Department of Management Services shall have the authority to
27 approve a lease for 5,000 square feet or more of space that
28 covers more than 1 fiscal year, subject to the provisions of
29 ss. 216.311, 255.2501, 255.2502, and 255.2503, if such lease
30 is, in the judgment of the department, in the best interests
31 of the state. This paragraph does not apply to buildings or
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1 facilities of any size leased for the purpose of providing
2 care and living space for persons.
3 (b) The Department of Management Services may approve
4 extensions of an existing lease of 5,000 square feet or more
5 of space if such extensions are determined to be in the best
6 interests of the state, but in no case shall the total of such
7 extensions exceed 11 months. If at the end of the 11th month
8 an agency still needs such space, it shall be procured by
9 competitive bid in accordance with s. 255.249(2)(b); or if an
10 agency determines that it is in its best interest to remain in
11 the space it currently occupies, the agency may negotiate a
12 replacement lease with the lessor if an independent market
13 analysis demonstrates that the rates offered are within market
14 rates for the space offered and if the cost of the new lease
15 does not exceed the cost of a comparable lease plus documented
16 moving costs. A present-value analysis and the consumer-price
17 index must be used in the calculation of lease costs. The term
18 of the replacement lease may not exceed the base term of the
19 expiring lease.
20 (c) Any person who files an action protesting a
21 decision or intended decision pertaining to a competitive bid
22 for space to be leased by the agency pursuant to s.
23 120.57(3)(b) shall post with the state agency at the time of
24 filing the formal written protest a bond payable to the agency
25 in an amount equal to 1 percent of the estimated total rental
26 of the basic lease period or $5,000, whichever is greater,
27 which bond shall be conditioned upon the payment of all costs
28 which may be adjudged against him or her in the administrative
29 hearing in which the action is brought and in any subsequent
30 appellate court proceeding. If the agency prevails after
31 completion of the administrative hearing process and any
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1 appellate court proceedings, it shall recover all costs and
2 charges which shall be included in the final order or
3 judgment, excluding attorney's fees. Upon payment of such
4 costs and charges by the person protesting the award, the bond
5 shall be returned to him or her. If the person protesting the
6 award prevails, the bond shall be returned to that person and
7 he or she shall recover from the agency all costs and charges
8 which shall be included in the final order of judgment,
9 excluding attorney's fees.
10 (d) Any agency proposing to enter into a lease for
11 office space in an area designated as part of the Front Porch
12 Florida Initiative may, with the prior approval of the
13 Department of Management Services, directly negotiate with a
14 building owner for leased space within such area without the
15 competitive-bid requirement of paragraph (a).
16 Section 5. (1) The Department of Management Services
17 shall undertake a pilot project in Hillsborough, Leon,
18 Broward, Orange, and Seminole Counties for a contracted tenant
19 broker to assist state agencies in locating suitable
20 private-sector leases. The department shall solicit qualified
21 candidates through the request-for-proposals process and
22 conduct interviews of finalists. The tenant broker must be
23 under contract to the department, but all fees or commissions
24 to be paid to the tenant broker must be paid by the ultimate
25 private-sector lessor. The department shall select a tenant
26 broker in each county in the pilot project. Agencies may
27 employ the services of the broker in any such county for a
28 specified period of time for a given property procurement.
29 Except for the exemption from competitive bidding described in
30 section 255.29(3)(a), Florida Statutes, current leasing
31 procedures must remain in effect, including the zone rate
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1 guidelines. Brokers must be required to disclose any conflict
2 of interest and all compensation received from transactions.
3 Brokers' compensation may be no more than that which is
4 customary in the marketplace. Contracts between the department
5 and the broker must be for a term of 1 year, renewable for an
6 additional year based on a satisfactory performance review.
7 The Department of Management Services may adopt rules
8 necessary to carry out the intent of this section.
9 (2) In designing the pilot project, the department
10 shall endeavor to accomplish the following goals:
11 (a) Provide for a faster, more efficient, and
12 cost-effective lease-procurement process;
13 (b) Provide access for agencies to experienced brokers
14 having knowledge of the local marketplace;
15 (c) Provide a documented, professional cost-benefit
16 analysis of all choices;
17 (d) provide for the ability to negotiate the best
18 deal;
19 (e) Provide the ability to reject any proposal that
20 does not meet the needs of the agency; and
21 (f) Provide for the department to conduct the final
22 review and approval of all leases to ensure quality control.
23 (3) On or before July 1, 2002, the Department of
24 Management Services shall report to the Legislature on the
25 effectiveness of the pilot project and shall make
26 recommendations, in the form of legislation, if necessary, for
27 the implementation of the project on a statewide basis.
28 (4) This section expires July 1, 2002.
29 Section 6. Subsection (1) of section 255.2501, Florida
30 Statutes, is amended to read:
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1 255.2501 Lease of space financed with local government
2 obligations.--
3 (1) Except when specifically authorized by the
4 Appropriations Act, no executive agency, department, public
5 officer or employee shall enter any contract on behalf of the
6 state, the term of which contract is more than 5 years,
7 including any and all renewal periods and including any and
8 all leases which constitute a series of leases, for the lease,
9 lease-purchase, sale-leaseback, purchase, or rental of any
10 office space, building, real property and improvements
11 thereto, or any other fixed capital outlay project, any of
12 which is, or is to be, or during the term of any lease entered
13 into under s. 255.25 becomes financed with local government
14 obligations of any type.
15 Section 7. Section 272.161, Florida Statutes, is
16 amended to read:
17 272.161 Rental of reserved parking spaces.--
18 (1)(a) The Department of Management Services may
19 assign a reserved or permit parking space to any state
20 employee, qualified state employee car pool, provider of
21 essential services to the state, or state agency for
22 reassignment to its employees. Any state agency assigned a
23 reserved or permit parking space shall charge the user of such
24 space, except a qualified state employee car pool, a fee in
25 accordance with guidelines established by the department.
26 (b) Any state agency assigned a reserved or permit
27 parking space which is not rented for a period of 30 7
28 consecutive days shall return such space to the department for
29 reassignment. All state agencies assigned reserved or permit
30 parking spaces shall assure the timely payment of assessed
31 rent to the department.
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1 (c) Assignments of reserved or permit parking spaces
2 shall be limited to the amount of available parking under the
3 supervision of the department. Preference in the assignment of
4 reserved parking spaces shall be given qualified state
5 employee car pools. A state agency, employee, state employee
6 car pool, or provider of essential services may request a
7 reserved or permit parking space in a manner prescribed by the
8 department.
9 (d) The Auditor General shall conduct an audit of
10 state employee parking in non-state-owned parking lots and
11 shall make a recommendation to the Legislature before the 1986
12 session, for an equitable ratesetting mechanism to ensure that
13 state employees, who, by job description, are required to own
14 an automobile as a condition of employment, are not subjected
15 to higher parking rates than the average rate for employees in
16 state-owned parking facilities.
17 (2) All employee parking fees shall be payable by the
18 payroll deduction plan, periodically according to the
19 employee's pay schedule, to the Department of Management
20 Services or to the contracting agency.
21 (3) All fees collected by the Department of Management
22 Services under the provisions of this section shall be
23 deposited in the Supervision Trust Fund. The department shall
24 account for the revenues and expenditures related to the paid
25 parking program in compliance with the provisions of s.
26 215.32(2)(b). The revenues collected from parking fees shall
27 be used for the maintenance, minor construction, enforcement,
28 security, and administration of parking facilities and
29 programs.
30 (4) The Department of Management Services shall adopt
31 such rules as are necessary to carry out the purposes of this
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1 section. The department shall establish guidelines for
2 qualifying as a state employee car pool and for the
3 preferential assignment of reserved spaces to car pools.
4 (5) The Department of Management Services shall
5 establish fees on all state-owned reserved parking facilities
6 under the jurisdiction of the department spaces, except those
7 assigned to qualified state employee car pools, under the
8 jurisdiction of the department. The department shall also
9 issue loading zone permits and scramble parking permits for a
10 fee sufficient to cover the cost of administering the permits
11 and maintaining the parking areas.
12 (6) The Department of Management Services shall have
13 the authority to ticket, remove, or tow away, or cause to be
14 removed ticketed, or, towed away, any wrongfully parked
15 vehicle in any assigned, or reserved, or permit parking space
16 or area under the control of the Department of Management
17 Services throughout the state at the expense of the owner of
18 the wrongfully parked vehicle.
19 Section 8. Paragraph (a) of subsection (2) of section
20 287.042, Florida Statutes, is amended to read:
21 287.042 Powers, duties, and functions.--The department
22 shall have the following powers, duties, and functions:
23 (2)(a) To plan and coordinate purchases in volume and
24 to negotiate and execute purchasing agreements and contracts
25 for commodities and contractual services under which state
26 agencies shall make purchases pursuant to s. 287.056, and
27 under which a federal, county, municipality, institutions
28 qualified pursuant to s. 240.605, private nonprofit community
29 transportation coordinator designated pursuant to chapter 427,
30 while conducting business related solely to the Commission for
31 the Transportation Disadvantaged, emergency medical services
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1 organizations approved to purchase under s. 401.024, or other
2 local public agency may make purchases. The department may
3 restrict purchases from some term contracts to state agencies
4 only for those term contracts where the inclusion of other
5 governmental entities will have an adverse effect on
6 competition or to those federal facilities located in this
7 state. In such planning or purchasing the Minority Business
8 Advocacy and Assistance Office may monitor to ensure that
9 opportunities are afforded for contracting with minority
10 business enterprises. The department, for state term
11 contracts, and all agencies, for multiyear contractual
12 services or term contracts, shall explore reasonable and
13 economical means to utilize certified minority business
14 enterprises. Purchases by any county, municipality, private
15 nonprofit community transportation coordinator designated
16 pursuant to chapter 427, while conducting business related
17 solely to the Commission for the Transportation Disadvantaged,
18 emergency medical organizations approved to purchase under s.
19 401.024, or other local public agency under the provisions in
20 the state purchasing contracts, and purchases, from the
21 corporation operating the correctional work programs, of
22 products or services that are subject to paragraph (1)(f), are
23 exempt from the competitive sealed bid requirements otherwise
24 applying to their purchases.
25 Section 9. Paragraph (a) of subsection (13) of section
26 365.171, Florida Statutes, is amended to read:
27 365.171 Emergency telephone number "911."--
28 (13) "911" FEE.--
29 (a) Following approval by referendum as set forth in
30 paragraph (b), or following approval by a majority vote of its
31 board of county commissioners, a county may impose a "911" fee
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1 to be paid by the local exchange subscribers within its
2 boundaries served by the "911" service. Proceeds from the
3 "911" fee shall be used only for "911" expenditures as set
4 forth in subparagraph 6. The manner of imposing and
5 collecting said payment shall be as follows:
6 1. At the request of the county subscribing to "911"
7 service, the telephone company shall, insofar as is
8 practicable, bill the "911" fee to the local exchange
9 subscribers served by the "911" service, on an individual
10 access line basis, at a rate not to exceed 50 cents per month
11 per line (up to a maximum of 25 access lines per account bill
12 rendered). However, the fee may not be assessed on any pay
13 telephone in this state. A county collecting the fee for the
14 first time may collect the fee for no longer than 36 months
15 without initiating the acquisition of its "911" equipment.
16 2. Fees collected by the telephone company pursuant to
17 subparagraph 1. shall be returned to the county, less the
18 costs of administration retained pursuant to paragraph (c).
19 The Public Service Commission may enforce the remittance of
20 the collected "911" fee to the county. The county shall
21 provide a minimum of 90 days' written notice to the telephone
22 company prior to the collection of any "911" fees.
23 3. Any county that currently has an operational "911"
24 system or that is actively pursuing the implementation of a
25 "911" system shall establish a fund to be used exclusively for
26 receipt and expenditure of "911" fee revenues collected
27 pursuant to this section. All fees placed in said fund, and
28 any interest accrued thereupon, shall be used solely for "911"
29 costs described in subparagraph 6. The money collected and
30 interest earned in this fund shall be appropriated for "911"
31 purposes by the county commissioners and incorporated into the
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1 annual county budget. The county shall annually have a
2 financial audit performed on this fund, in accordance with s.
3 11.45. A report of the audit shall be forwarded to the
4 department within 60 days of its completion. A county may
5 carry forward on an annual basis unspent moneys in the fund
6 for expenditures allowed by this section, or it may reduce its
7 fee. However, in no event shall a county carry forward more
8 than 10 percent of the "911" fee billed for the prior year.
9 The amount of moneys carried forward each year may be
10 accumulated in order to allow for capital improvements
11 described in this subsection. The carryover shall be
12 documented by resolution of the board of county commissioners
13 expressing the purpose of the carryover or by an adopted
14 capital improvement program identifying projected expansion or
15 replacement expenditures for "911" equipment and service
16 features, or both. In no event shall the "911" fee carryover
17 surplus moneys be used for any purpose other than for the
18 "911" equipment, service features, and installation charges
19 authorized in subparagraph 6. Nothing in this section shall
20 prohibit a county from using other sources of revenue for
21 improvements, replacements, or expansions of its "911" system.
22 A county may increase its fee for purposes authorized in this
23 section. However, in no case shall the fee exceed 50 cents per
24 month per line. All current "911" fees shall be reported to
25 the department within 30 days of the start of each county's
26 fiscal period. Any fee adjustment made by a county shall be
27 reported to the department. A county shall give the telephone
28 company a 90-day written notice of such fee adjustment.
29 4. The telephone company shall have no obligation to
30 take any legal action to enforce collection of the "911" fee.
31 The telephone company shall provide quarterly to the county a
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1 list of the names, addresses, and telephone numbers of any and
2 all subscribers who have identified to the telephone company
3 their refusal to pay the "911" fee.
4 5. The county subscribing to "911" service shall
5 remain liable to the telephone company for any "911" service,
6 equipment, operation, or maintenance charge owed by the county
7 to the telephone company.
8
9 As used in this paragraph, "telephone company" means an
10 exchange telephone service provider of "911" service or
11 equipment to any county within its certificated area.
12 6. It is the intent of the Legislature that the "911"
13 fee authorized by this section to be imposed by counties will
14 not necessarily provide the total funding required for
15 establishing or providing the "911" service. For purposes of
16 this section, "911" service includes the functions of database
17 management, call taking, location verification, and call
18 transfer. The following costs directly attributable to the
19 establishment and/or provision of "911" service are eligible
20 for expenditure of moneys derived from imposition of the "911"
21 fee authorized by this section: the acquisition,
22 implementation, and maintenance of Public Safety Answering
23 Point (PSAP) equipment and "911" service features, as defined
24 in the Florida Public Service Commission's lawfully approved
25 "911" and related tariffs and/or the acquisition,
26 installation, and maintenance of other "911" equipment,
27 including call answering equipment, call transfer equipment,
28 ANI controllers, ALI controllers, ANI displays, ALI displays,
29 station instruments, "911" telecommunications systems,
30 teleprinters, logging recorders, instant playback recorders,
31 telephone devices for the deaf (TDD) used in the "911" system,
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1 PSAP backup power systems, consoles, automatic call
2 distributors, and interfaces (hardware and software) for
3 computer-aided dispatch (CAD) systems; salary and associated
4 expenses for "911" call takers for that portion of their time
5 spent taking and transferring "911" calls; salary and
6 associated expenses for a county to employ a full-time
7 equivalent "911" coordinator position and a full-time
8 equivalent staff assistant position per county for the portion
9 of their time spent administrating the "911" system; training
10 costs for PSAP call takers in the proper methods and
11 techniques used in taking and transferring "911" calls; and
12 expenses required to develop and maintain all information (ALI
13 and ANI databases and other information source repositories)
14 necessary to properly inform call takers as to location
15 address, type of emergency, and other information directly
16 relevant to the "911" call-taking and transferring function.
17 The "911" fee revenues shall not be used to pay for any item
18 not listed, including, but not limited to, any capital or
19 operational costs for emergency responses which occur after
20 the call transfer to the responding public safety entity and
21 the costs for constructing buildings, leasing buildings,
22 maintaining buildings, or renovating buildings, except for
23 those building modifications necessary to maintain the
24 security and environmental integrity of the PSAP and "911"
25 equipment rooms.
26 7. It is the goal of the Legislature that enhanced
27 "911" service be available throughout the state. Expenditure
28 by counties of the "911" fees authorized by this section
29 should support this goal to the greatest extent feasible
30 within the context of local service needs and fiscal
31 capability. Nothing in this section shall be construed to
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1 prohibit two or more counties from establishing a combined
2 emergency "911" telephone service by interlocal agreement and
3 utilizing the "911" fees authorized by this section for such
4 combined "911" service.
5 8. The department may establish by rule, with imput
6 with applicable agencies, the methods for collecting data and
7 the "911" fee.
8 Section 10. Section 110.1521, Florida Statutes, is
9 repealed.
10 Section 11. This act shall take effect July 1, 2000.
11
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13 SENATE SUMMARY
14 Amends various statutes relating to state agencies, state
employees, and the Department of Management Services.
15 Provides that state employees are eligible rather than
entitled to a personal day of leave each year. Provides
16 for accumulated sick leave to be provided as incentive
benefits upon termination of employment. Authorizes
17 agencies to negotiate a replacement lease under certain
conditions. Provides an exception to limitations on
18 state-agency leases for leases negotiated pursuant to the
pilot project established by the Department of Management
19 Services. Provides for leases without competitive bids
for office space in an area designated as part of the
20 Front Porch Florida Initiative when approved by the
department. Requires the department to undertake a pilot
21 project to assist counties to locate private-sector
leases. Authorizes the department to adopt rules.
22 Provides goals for the project. Provides a limitation on
lease of space financed with local-government obligations
23 for leases entered into under s. 255.25, F.S. Authorizes
the department to assign permit parking spaces, to
24 establish fees for all state-owned parking facilities
under its jurisdiction, and to issue tickets. Authorizes
25 the department to plan and coordinate purchases in volume
and to execute purchasing agreements and contracts for
26 emergency medical services organizations. Authorizes the
department to establish by rule the methods for
27 collecting data and the "911" fee. Repeals s. 110.1521,
F.S., relating to the short title of the Family Support
28 Personnel Policies Act.
29
30
31
17