House Bill 2167
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Florida House of Representatives - 2000 HB 2167
By the Committee on Governmental Operations and
Representative Posey
1 A bill to be entitled
2 An act relating to the Department of Management
3 Services; amending s. 255.25, F.S., providing
4 an exception to competitive bidding for those
5 leases negotiated pursuant to the department
6 pilot project to be established; providing for
7 negotiation of a replacement lease for
8 currently occupied space under certain
9 conditions; allowing agencies to negotiate
10 leases in designated Front Porch Communities
11 without competitive bidding; establishing a
12 tenant broker pilot project in certain
13 designated Florida counties to assist with
14 property procurement and providing goals for
15 the project; providing for automatic repeal of
16 the pilot project; amending s. 255.2501, F.S.,
17 extending the conditions of this section to any
18 lease that, during the term of the lease,
19 becomes financed with local government
20 obligations of any type; amending s. 272.161,
21 F.S., providing for the rental of "permit"
22 parking spaces in addition to "reserved"
23 parking spaces; amending s. 287.042, F.S.,
24 authorizing emergency medical services
25 organizations to purchase under state term
26 contracts; amending s. 365.171, F.S.;
27 authorizing the Public Service Commission to
28 enforce the remittance of the collected "911"
29 fee to the county; providing the department
30 with rulemaking authority for establishing the
31 methods for collecting data and the "911" fee;
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1 amending s. 110.1521, F.S.; combining current
2 ss. 110.1522 and 110.1523, F.S., into this
3 section; repealing s. 110.1522, F.S., relating
4 to model rule establishing family support
5 personnel policies; repealing s. 110.1523,
6 F.S., relating to adoption of model rule;
7 amending s. 110.17, F.S.; changing "personal
8 holiday" to "personal day" and replacing
9 "entitled to" with "eligible for"; amending s.
10 110.122, F.S.; providing that state employees
11 who terminate employment for reasons of
12 disability shall be eligible for payment of
13 accumulated and unused sick leave; providing
14 for application of this section to each
15 employee upon termination of employment;
16 providing an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Paragraphs (a) and (b) of subsection (3) of
21 section 255.25, Florida Statutes, are amended, paragraph (c)
22 of said subsection is redesignated as paragraph (d), and a new
23 paragraph (c) is added to said subsection, and subsection (12)
24 is added to said section, to read:
25 255.25 Approval required prior to construction or
26 lease of buildings.--
27 (3)(a) Except as provided in subsection (10) and
28 except for those leases negotiated pursuant to the pilot
29 project established by the Department of Management Services
30 herein, no state agency shall enter into a lease as lessee for
31 the use of 5,000 square feet or more of space in a privately
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1 owned building except upon advertisement for and receipt of
2 competitive bids and award to the lowest and best bidder. The
3 Department of Management Services shall have the authority to
4 approve a lease for 5,000 square feet or more of space that
5 covers more than 1 fiscal year, subject to the provisions of
6 ss. 216.311, 255.2501, 255.2502, and 255.2503, if such lease
7 is, in the judgment of the department, in the best interests
8 of the state. This paragraph does not apply to buildings or
9 facilities of any size leased for the purpose of providing
10 care and living space for persons.
11 (b) The Department of Management Services may approve
12 extensions of an existing lease of 5,000 square feet or more
13 of space if such extensions are determined to be in the best
14 interests of the state, but in no case shall the total of such
15 extensions exceed 11 months. If at the end of the 11th month
16 an agency still needs such space, it shall be procured by
17 competitive bid in accordance with s. 255.249(2)(b) or if an
18 agency determines that it is in its best interest to remain in
19 the space it currently occupies, the agency may negotiate a
20 replacement lease with the lessor if an independent market
21 analysis demonstrates that the rates offered are within market
22 rates for the space offered, and if the cost of the new lease
23 does not exceed the cost of a comparable lease plus documented
24 moving costs. A present value analysis and the consumer price
25 index shall be used in the calculation of lease costs. The
26 term of the replacement lease shall not exceed the base term
27 of the expiring lease.
28 (c) Any agency proposing to enter into a lease for
29 office space in an area designated as part of the Front Porch
30 Florida Initiative, may, with the prior approval of the
31 Department of Management Services, directly negotiate with a
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1 building owner for leased space within such area without the
2 competitive bid requirement of subsection (3)(a).
3 (12)(a) The Department of Management Services shall
4 undertake a pilot project in Hillsborough, Leon, Broward,
5 Orange, and Seminole Counties for a contracted tenant broker
6 to assist state agencies in locating suitable private sector
7 leases. The department shall solicit qualified candidates
8 through the request for proposals process and conduct
9 interviews of finalists. The tenant broker shall be under
10 contract to the department, but all fees or commissions to be
11 paid to the tenant broker shall be paid by the ultimate
12 private sector lessor. The department shall select a tenant
13 broker in each county in the pilot project. Agencies may
14 employ the services of the broker in any such county for a
15 specified period of time for a given property procurement.
16 Except for the exemption from competitive bidding described in
17 subsection (3)(a) current leasing procedures would remain in
18 effect, including the zone rate guidelines. Brokers shall be
19 required to disclose any conflict of interest and all
20 compensation received from transactions. Brokers'
21 compensation shall be no more than what is customarily found
22 in the marketplace. Contracts between the department and the
23 broker shall be for a term of 1 year, renewable for an
24 additional year based on a satisfactory performance review.
25 The Department of Management Services is authorized to adopt
26 such rules as may be necessary to carry out the intent of this
27 section.
28 (b) In designing the pilot project, the department
29 shall endeavor to accomplish the following goals:
30 1. Provide for a faster, more efficient, and
31 cost-effective lease procurement process.
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1 2. Provide access for agencies to experienced brokers
2 with knowledge of the local marketplace.
3 3. Provide a documented, professional cost-benefit
4 analysis of all choices.
5 4. Provide for the ability to negotiate the best deal.
6 5. Provide the ability to reject any proposal which
7 does not meet the needs of the agency.
8 6. Provide that the Department of Management Services
9 shall have the final review and approval of all leases to
10 ensure quality control.
11 (c) On or before July 1, 2002, the Department of
12 Management Services shall report to the Legislature on the
13 effectiveness of the pilot project and shall make
14 recommendations, in the form of legislation, if necessary, for
15 the implementation of the project on a statewide basis.
16 (d) The pilot project shall stand repealed effective
17 July 1, 2002.
18 Section 2. Subsection (1) of section 255.2501, Florida
19 Statutes, is amended to read:
20 255.2501 Lease of space financed with local government
21 obligations.--
22 (1) Except when specifically authorized by the
23 Appropriations Act, no executive agency, department, public
24 officer or employee shall enter any contract on behalf of the
25 state, the term of which contract is more than 5 years,
26 including any and all renewal periods and including any and
27 all leases which constitute a series of leases, for the lease,
28 lease-purchase, sale-leaseback, purchase, or rental of any
29 office space, building, real property and improvements
30 thereto, or any other fixed capital outlay project, any of
31 which is, or is to be, or during the term of any lease entered
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1 into pursuant to s. 255.25, becomes financed with local
2 government obligations of any type.
3 Section 3. Section 272.161, Florida Statutes, is
4 amended to read:
5 272.161 Rental of reserved parking spaces.--
6 (1)(a) The Department of Management Services may
7 assign a reserved or permit parking space to any state
8 employee, qualified state employee car pool, provider of
9 essential services to the state, or state agency for
10 reassignment to its employees. Any state agency assigned a
11 reserved or permit parking space shall charge the user of such
12 space, except a qualified state employee car pool, a fee in
13 accordance with guidelines established by the department.
14 (b) Any state agency assigned a reserved or permit
15 parking space which is not rented for a period of 30 7
16 consecutive days shall return such space to the department for
17 reassignment. All state agencies assigned reserved or permit
18 parking spaces shall assure the timely payment of assessed
19 rent to the department.
20 (c) Assignments of reserved or permit parking spaces
21 shall be limited to the amount of available parking under the
22 supervision of the department. Preference in the assignment of
23 reserved parking spaces shall be given qualified state
24 employee car pools. A state agency, employee, state employee
25 car pool, or provider of essential services may request a
26 reserved or permit parking space in a manner prescribed by the
27 department.
28 (d) The Auditor General shall conduct an audit of
29 state employee parking in non-state-owned parking lots and
30 shall make a recommendation to the Legislature before the 1986
31 session, for an equitable ratesetting mechanism to ensure that
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1 state employees, who, by job description, are required to own
2 an automobile as a condition of employment, are not subjected
3 to higher parking rates than the average rate for employees in
4 state-owned parking facilities.
5 (2) All employee parking fees shall be payable by the
6 payroll deduction plan, periodically according to the
7 employee's pay schedule, to the Department of Management
8 Services or to the contracting agency.
9 (3) All fees collected by the Department of Management
10 Services under the provisions of this section shall be
11 deposited in the Supervision Trust Fund. The department shall
12 account for the revenues and expenditures related to the paid
13 parking program in compliance with the provisions of s.
14 215.32(2)(b). The revenues collected from parking fees shall
15 be used for the maintenance, minor construction, enforcement,
16 security, and administration of parking facilities and
17 programs.
18 (4) The Department of Management Services shall adopt
19 such rules as are necessary to carry out the purposes of this
20 section. The department shall establish guidelines for
21 qualifying as a state employee car pool and for the
22 preferential assignment of reserved spaces to car pools.
23 (5) The Department of Management Services shall
24 establish fees on all state-owned reserved parking facilities
25 under the jurisdiction of the department spaces, except those
26 assigned to qualified state employee car pools, under the
27 jurisdiction of the department. The department shall also
28 issue loading zone permits and scramble parking permits for a
29 fee sufficient to cover the cost of administering the permits
30 and maintaining the parking areas.
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1 (6) The Department of Management Services shall have
2 the authority to remove or tow away, or cause to be ticketed,
3 removed, or towed away, any wrongfully parked vehicle in any
4 assigned, or reserved, or permit parking space or area under
5 the control of the Department of Management Services
6 throughout the state at the expense of the owner of the
7 wrongfully parked vehicle.
8 Section 4. Paragraph (a) of subsection (2) of section
9 287.042, Florida Statutes, is amended to read:
10 287.042 Powers, duties, and functions.--The department
11 shall have the following powers, duties, and functions:
12 (2)(a) To plan and coordinate purchases in volume and
13 to negotiate and execute purchasing agreements and contracts
14 for commodities and contractual services under which state
15 agencies shall make purchases pursuant to s. 287.056, and
16 under which a federal, county, municipality, institutions
17 qualified pursuant to s. 240.605, private nonprofit community
18 transportation coordinator designated pursuant to chapter 427,
19 while conducting business related solely to the Commission for
20 the Transportation Disadvantaged, emergency medical services
21 organizations approved to purchase pursuant to s. 401.024, or
22 other local public agency may make purchases. The department
23 may restrict purchases from some term contracts to state
24 agencies only for those term contracts where the inclusion of
25 other governmental entities will have an adverse effect on
26 competition or to those federal facilities located in this
27 state. In such planning or purchasing the Minority Business
28 Advocacy and Assistance Office may monitor to ensure that
29 opportunities are afforded for contracting with minority
30 business enterprises. The department, for state term
31 contracts, and all agencies, for multiyear contractual
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1 services or term contracts, shall explore reasonable and
2 economical means to utilize certified minority business
3 enterprises. Purchases by any county, municipality, private
4 nonprofit community transportation coordinator designated
5 pursuant to chapter 427, while conducting business related
6 solely to the Commission for the Transportation Disadvantaged,
7 emergency medical services organizations approved to purchase
8 pursuant to s. 401.024, or other local public agency under the
9 provisions in the state purchasing contracts, and purchases,
10 from the corporation operating the correctional work programs,
11 of products or services that are subject to paragraph (1)(f),
12 are exempt from the competitive sealed bid requirements
13 otherwise applying to their purchases.
14 Section 5. Paragraph (a) of subsection (13) of section
15 365.171, Florida Statutes, is amended to read:
16 365.171 Emergency telephone number "911."--
17 (13) "911" FEE.--
18 (a) Following approval by referendum as set forth in
19 paragraph (b), or following approval by a majority vote of its
20 board of county commissioners, a county may impose a "911" fee
21 to be paid by the local exchange subscribers within its
22 boundaries served by the "911" service. Proceeds from the
23 "911" fee shall be used only for "911" expenditures as set
24 forth in subparagraph 6. The manner of imposing and
25 collecting said payment shall be as follows:
26 1. At the request of the county subscribing to "911"
27 service, the telephone company shall, insofar as is
28 practicable, bill the "911" fee to the local exchange
29 subscribers served by the "911" service, on an individual
30 access line basis, at a rate not to exceed 50 cents per month
31 per line (up to a maximum of 25 access lines per account bill
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1 rendered). However, the fee may not be assessed on any pay
2 telephone in this state. A county collecting the fee for the
3 first time may collect the fee for no longer than 36 months
4 without initiating the acquisition of its "911" equipment.
5 2. Fees collected by the telephone company pursuant to
6 subparagraph 1. shall be returned to the county, less the
7 costs of administration retained pursuant to paragraph (c).
8 The Public Service Commission is authorized to enforce the
9 remittance of the collected "911" fee to the county. The
10 county shall provide a minimum of 90 days' written notice to
11 the telephone company prior to the collection of any "911"
12 fees.
13 3. Any county that currently has an operational "911"
14 system or that is actively pursuing the implementation of a
15 "911" system shall establish a fund to be used exclusively for
16 receipt and expenditure of "911" fee revenues collected
17 pursuant to this section. All fees placed in said fund, and
18 any interest accrued thereupon, shall be used solely for "911"
19 costs described in subparagraph 6. The money collected and
20 interest earned in this fund shall be appropriated for "911"
21 purposes by the county commissioners and incorporated into the
22 annual county budget. The county shall annually have a
23 financial audit performed on this fund, in accordance with s.
24 11.45. A report of the audit shall be forwarded to the
25 department within 60 days of its completion. A county may
26 carry forward on an annual basis unspent moneys in the fund
27 for expenditures allowed by this section, or it may reduce its
28 fee. However, in no event shall a county carry forward more
29 than 10 percent of the "911" fee billed for the prior year.
30 The amount of moneys carried forward each year may be
31 accumulated in order to allow for capital improvements
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1 described in this subsection. The carryover shall be
2 documented by resolution of the board of county commissioners
3 expressing the purpose of the carryover or by an adopted
4 capital improvement program identifying projected expansion or
5 replacement expenditures for "911" equipment and service
6 features, or both. In no event shall the "911" fee carryover
7 surplus moneys be used for any purpose other than for the
8 "911" equipment, service features, and installation charges
9 authorized in subparagraph 6. Nothing in this section shall
10 prohibit a county from using other sources of revenue for
11 improvements, replacements, or expansions of its "911" system.
12 A county may increase its fee for purposes authorized in this
13 section. However, in no case shall the fee exceed 50 cents per
14 month per line. All current "911" fees shall be reported to
15 the department within 30 days of the start of each county's
16 fiscal period. Any fee adjustment made by a county shall be
17 reported to the department. A county shall give the telephone
18 company a 90-day written notice of such fee adjustment.
19 4. The telephone company shall have no obligation to
20 take any legal action to enforce collection of the "911" fee.
21 The telephone company shall provide quarterly to the county a
22 list of the names, addresses, and telephone numbers of any and
23 all subscribers who have identified to the telephone company
24 their refusal to pay the "911" fee.
25 5. The county subscribing to "911" service shall
26 remain liable to the telephone company for any "911" service,
27 equipment, operation, or maintenance charge owed by the county
28 to the telephone company.
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1 As used in this paragraph, "telephone company" means an
2 exchange telephone service provider of "911" service or
3 equipment to any county within its certificated area.
4 6. It is the intent of the Legislature that the "911"
5 fee authorized by this section to be imposed by counties will
6 not necessarily provide the total funding required for
7 establishing or providing the "911" service. For purposes of
8 this section, "911" service includes the functions of database
9 management, call taking, location verification, and call
10 transfer. The following costs directly attributable to the
11 establishment and/or provision of "911" service are eligible
12 for expenditure of moneys derived from imposition of the "911"
13 fee authorized by this section: the acquisition,
14 implementation, and maintenance of Public Safety Answering
15 Point (PSAP) equipment and "911" service features, as defined
16 in the Florida Public Service Commission's lawfully approved
17 "911" and related tariffs and/or the acquisition,
18 installation, and maintenance of other "911" equipment,
19 including call answering equipment, call transfer equipment,
20 ANI controllers, ALI controllers, ANI displays, ALI displays,
21 station instruments, "911" telecommunications systems,
22 teleprinters, logging recorders, instant playback recorders,
23 telephone devices for the deaf (TDD) used in the "911" system,
24 PSAP backup power systems, consoles, automatic call
25 distributors, and interfaces (hardware and software) for
26 computer-aided dispatch (CAD) systems; salary and associated
27 expenses for "911" call takers for that portion of their time
28 spent taking and transferring "911" calls; salary and
29 associated expenses for a county to employ a full-time
30 equivalent "911" coordinator position and a full-time
31 equivalent staff assistant position per county for the portion
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1 of their time spent administrating the "911" system; training
2 costs for PSAP call takers in the proper methods and
3 techniques used in taking and transferring "911" calls; and
4 expenses required to develop and maintain all information (ALI
5 and ANI databases and other information source repositories)
6 necessary to properly inform call takers as to location
7 address, type of emergency, and other information directly
8 relevant to the "911" call-taking and transferring function.
9 The "911" fee revenues shall not be used to pay for any item
10 not listed, including, but not limited to, any capital or
11 operational costs for emergency responses which occur after
12 the call transfer to the responding public safety entity and
13 the costs for constructing buildings, leasing buildings,
14 maintaining buildings, or renovating buildings, except for
15 those building modifications necessary to maintain the
16 security and environmental integrity of the PSAP and "911"
17 equipment rooms.
18 7. It is the goal of the Legislature that enhanced
19 "911" service be available throughout the state. Expenditure
20 by counties of the "911" fees authorized by this section
21 should support this goal to the greatest extent feasible
22 within the context of local service needs and fiscal
23 capability. Nothing in this section shall be construed to
24 prohibit two or more counties from establishing a combined
25 emergency "911" telephone service by interlocal agreement and
26 utilizing the "911" fees authorized by this section for such
27 combined "911" service.
28 8. The Department may establish by rule, in
29 conjunction with applicable public agencies, the methods for
30 collecting data and the "911" fee.
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1 Section 6. Section 110.1521, Florida Statutes, is
2 amended to read:
3 110.1521 Short title.--This section Sections
4 110.1521-110.1523 may be cited as the "Family Support
5 Personnel Policies Act."
6 (1) The Department of Management Services shall
7 develop a model rule establishing family support personnel
8 policies for all executive branch agencies, excluding the
9 State University System. "Family support personnel policies,"
10 for purposes of this section means personnel policies
11 affecting employees' ability to both work and devote care and
12 attention to their families and includes policies on flexible
13 hour work schedules, compressed time, job sharing, part-time
14 employment, maternity or paternity leave for employees with a
15 newborn or newly adopted child, and paid and unpaid family or
16 administrative leave for family responsibilities.
17 (2) The model rule shall be effective 20 days after
18 having been filed with the Department of State and shall
19 become part of the personnel rules of all applicable state
20 agencies 150 days after the effective date of the rule to the
21 extent that each agency does not, subsequent to such effective
22 date, adopt a rule that sets forth the intent to specifically
23 amend all or part of such model rule. Any employee or
24 organization representing employees shall be considered a
25 party for purposes of any rule required by this section,
26 notwithstanding any provision of chapter 120 to the contrary.
27 Section 7. Section 110.1522, Florida Statutes, is
28 repealed.
29 Section 8. Section 110.1523, Florida Statutes, is
30 repealed.
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1 Section 9. Subsection (3) of section 110.117, Florida
2 Statutes, is amended to read:
3 110.117 Paid holidays.--
4 (3) Each full-time employee is eligible for entitled
5 to one personal day holiday each year. Each part-time employee
6 is eligible for entitled to a personal day holiday each year
7 which shall be calculated proportionately to the personal day
8 holiday allowed to a full-time employee. Such personal day
9 holiday shall be credited to eligible employees on July 1 of
10 each year to be taken prior to June 30 of the following year.
11 Members of the teaching and research faculty of the State
12 University System and administrative and professional
13 positions exempted under s. 110.205(2)(d) are not eligible for
14 this benefit.
15 Section 10. Section 110.122, Florida Statutes, is
16 amended to read:
17 110.122 Terminal payment for accumulated sick leave.--
18 (1) All state branches, departments, and agencies
19 which have the authority to establish or approve personnel
20 policies for employees and to employ personnel and establish
21 the conditions of their employment shall establish policies to
22 provide terminal "incentive" pay for accumulated and unused
23 sick leave to each employee upon normal or regular retirement
24 for reason other than disability or upon termination of
25 employment, or to the employee's beneficiary if service is
26 terminated by death, provided such retirement, termination, or
27 death occurs after 10 years of creditable state employment.
28 (2) The employing entity shall establish and publish
29 rules governing the accumulation and use of sick leave and
30 maintain accurate and reliable records showing the amount of
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1 sick leave which has accumulated and is unused by the employee
2 at the time of retirement, death, or termination.
3 (3) The payments authorized by this section shall be
4 determined by using the rate of pay received by the employee
5 at the time of retirement, termination, or death, applied to
6 the sick leave time for which the employee is qualified to
7 receive terminal "incentive" pay under the rules adopted by
8 the department pursuant to the provisions of this section.
9 Rules and policies adopted pursuant to this section shall
10 permit terminal pay for sick leave equal to one-eighth of all
11 unused sick leave credit accumulated prior to October 1, 1973,
12 plus one-fourth of all unused sick leave accumulated on or
13 after October 1, 1973. However, terminal pay allowable for
14 unused sick leave accumulated on or after October 1, 1973,
15 shall not exceed a maximum of 480 hours of actual payment.
16 Employees shall be required to use all sick leave accumulated
17 prior to October 1, 1973, before using sick leave accumulated
18 on or after October 1, 1973.
19 (4) The payments made pursuant to this section shall
20 not be considered in any state-administered retirement system
21 as salary payments and shall not be used in determining the
22 average final compensation of an employee in any
23 state-administered retirement system.
24 (5) Any otherwise eligible employee:
25 (a) Who is found guilty in a court of competent
26 jurisdiction of committing, aiding, or abetting any
27 embezzlement or theft from the employee's employer or bribery
28 in connection with the employment, committed prior to
29 retirement or 10-year normal creditable termination;
30 (b) Whose employment is terminated by reason of the
31 employee having admitted committing, aiding, or abetting an
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1 embezzlement or theft from his or her employer or by reason of
2 bribery;
3 (c) Who, prior to 10-year normal creditable
4 termination or retirement is adjudged by a court of competent
5 jurisdiction to have violated any state law against strikes by
6 public employees; or
7 (d) Who has been found guilty by a court of competent
8 jurisdiction of violating any state law prohibiting strikes by
9 public employees,
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11 shall forfeit all rights and benefits under this section. An
12 employee whose employment terminates as a result of an act
13 committed subject to this subsection shall not be given credit
14 for unused sick leave accumulated prior to termination should
15 the employee be reemployed at a later date.
16 Section 11. This act shall take effect July 1, 2000.
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1 *****************************************
2 HOUSE SUMMARY
3
Revises provisions of law relating to the Department of
4 Management Services to:
1. Provide an exception to competitive bidding
5 requirements for those leases negotiated pursuant to a
department pilot project for a contracted tenant broker
6 to assist state agencies in locating suitable private
sector leases.
7 2. Provide for negotiation of replacement leases
for currently occupied space under described
8 circumstances.
3. Permit agencies to negotiate leases in
9 designated Front Porch Communities without competitive
bidding.
10 4. Provide for the rental of permit parking spaces
in addition to reserved parking spaces.
11 5. Authorize emergency medical services
organizations to purchase under state term contracts.
12 6. Remove obsolete language regarding "911" fee
billing, authorize the Public Service Commission to
13 enforce the remittance of the collected "911" fee to the
county, and to provide the department with rulemaking
14 authority for establishing the methods for collecting
date and the "911" fee.
15 7. Provide that state employees who terminate
employment for reasons of disability shall be eligible
16 for payment of accumulated and unused sick leave.
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See bill for details.
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