SENATE AMENDMENT
    Bill No. CS for SB 2224
    Amendment No. 11   Barcode 115150
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Governmental Oversight and Productivity
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 167, between lines 22 and 23,
16  
17  insert:  
18         Section 59.  Subsections (1), (4), and (5) of section
19  443.012, Florida Statutes, are amended to read:
20         443.012  Unemployment Appeals Commission.--
21         (1)  There is created within the Agency for Workforce
22  Innovation Department of Labor and Employment Security an
23  Unemployment Appeals Commission, hereinafter referred to as
24  the "commission."  The commission shall consist of a chair and
25  two other members to be appointed by the Governor, subject to
26  confirmation by the Senate.  Not more than one appointee must
27  be a person who, on account of previous vocation, employment,
28  or affiliation, is classified as a representative of
29  employers; and not more than one such appointee must be a
30  person who, on account of previous vocation, employment, or
31  affiliation, is classified as a representative of employees.
                                  1
    8:01 PM   04/17/01                                 s2224.go.11

SENATE AMENDMENT Bill No. CS for SB 2224 Amendment No. 11 Barcode 115150 1 (a) The chair shall devote his or her entire time to 2 commission duties and shall be responsible for the 3 administrative functions of the commission. 4 (b) The chair shall have the authority to appoint a 5 general counsel and such other personnel as may be necessary 6 to carry out the duties and responsibilities of the 7 commission. 8 (c) The chair shall have the qualifications required 9 by law for a judge of the circuit court and shall not engage 10 in any other business vocation or employment. Notwithstanding 11 any other provisions of existing law, the chair shall be paid 12 a salary equal to that paid under state law to a judge of the 13 circuit court. 14 (d) The remaining members shall be paid a stipend of 15 $100 for each day they are engaged in the work of the 16 commission. The chair and other members shall also be 17 reimbursed for travel expenses, as provided in s. 112.061. 18 (e) The total salary and travel expenses of each 19 member of the commission shall be paid from the Employment 20 Security Administration Trust Fund. 21 (4) The property, personnel, and appropriations 22 relating to the specified authority, powers, duties, and 23 responsibilities of the commission shall be provided to the 24 commission by the Agency for Workforce Innovation Department 25 of Labor and Employment Security. 26 (5) The commission shall not be subject to control, 27 supervision, or direction by the Agency for Workforce 28 Innovation Department of Labor and Employment Security in the 29 performance of its powers and duties under this chapter. 30 Section 60. Subsection (12) of section 443.036, 31 Florida Statutes, is amended to read: 2 8:01 PM 04/17/01 s2224.go.11
SENATE AMENDMENT Bill No. CS for SB 2224 Amendment No. 11 Barcode 115150 1 443.036 Definitions.--As used in this chapter, unless 2 the context clearly requires otherwise: 3 (12) COMMISSION.--"Commission" means the Unemployment 4 Appeals Commission of the Department of Labor and Employment 5 Security. 6 Section 61. Subsection (3) of section 447.02, Florida 7 Statutes, is amended to read: 8 447.02 Definitions.--The following terms, when used in 9 this chapter, shall have the meanings ascribed to them in this 10 section: 11 (3) The term "department" means the Department of 12 Business and Professional Regulation Labor and Employment 13 Security. 14 Section 62. Subsections (1), (3), and (4) of section 15 447.205, Florida Statutes, are amended to read: 16 447.205 Public Employees Relations Commission.-- 17 (1) There is hereby created within the Department of 18 Management Services Labor and Employment Security the Public 19 Employees Relations Commission, hereinafter referred to as the 20 "commission." The commission shall be composed of a chair and 21 two full-time members to be appointed by the Governor, subject 22 to confirmation by the Senate, from persons representative of 23 the public and known for their objective and independent 24 judgment, who shall not be employed by, or hold any commission 25 with, any governmental unit in the state or any employee 26 organization, as defined in this part, while in such office. 27 In no event shall more than one appointee be a person who, on 28 account of previous vocation, employment, or affiliation, is, 29 or has been, classified as a representative of employers; and 30 in no event shall more than one such appointee be a person 31 who, on account of previous vocation, employment, or 3 8:01 PM 04/17/01 s2224.go.11
SENATE AMENDMENT Bill No. CS for SB 2224 Amendment No. 11 Barcode 115150 1 affiliation, is, or has been, classified as a representative 2 of employees or employee organizations. The commissioners 3 shall devote full time to commission duties and shall not 4 engage in any other business, vocation, or employment while in 5 such office. Beginning January 1, 1980, the chair shall be 6 appointed for a term of 4 years, one commissioner for a term 7 of 1 year, and one commissioner for a term of 2 years. 8 Thereafter, Every term of office shall be for 4 years; and 9 each term of the office of chair shall commence on January 1 10 of the second year following each regularly scheduled general 11 election at which a Governor is elected to a full term of 12 office. In the event of a vacancy prior to the expiration of 13 a term of office, an appointment shall be made for the 14 unexpired term of that office. The chair shall be responsible 15 for the administrative functions of the commission and shall 16 have the authority to employ such personnel as may be 17 necessary to carry out the provisions of this part. Once 18 appointed to the office of chair, the chair shall serve as 19 chair for the duration of the term of office of chair. 20 Nothing contained herein prohibits a chair or commissioner 21 from serving multiple terms. 22 (3) The commission, in the performance of its powers 23 and duties under this part, shall not be subject to control, 24 supervision, or direction by the Department of Management 25 Services Labor and Employment Security. 26 (4) The property, personnel, and appropriations 27 related to the commission's specified authority, powers, 28 duties, and responsibilities shall be provided to the 29 commission by the Department of Management Services Labor and 30 Employment Security. 31 Section 63. Subsection (4) of section 447.305, Florida 4 8:01 PM 04/17/01 s2224.go.11
SENATE AMENDMENT Bill No. CS for SB 2224 Amendment No. 11 Barcode 115150 1 Statutes, is amended to read: 2 447.305 Registration of employee organization.-- 3 (4) Notification of registrations and renewals of 4 registration shall be furnished at regular intervals by the 5 commission to the Department of Business and Professional 6 Regulation Labor and Employment Security. 7 Section 64. Subsection (4) of section 450.012, Florida 8 Statutes, is amended to read: 9 450.012 Definitions.--For the purpose of this chapter, 10 the word, phrase, or term: 11 (4) "Department" means the Department of Business and 12 Professional Regulation Labor and Employment Security. 13 Section 65. Paragraph (j) of subsection (1) of section 14 450.191, Florida Statutes, is amended to read: 15 450.191 Executive Office of the Governor; powers and 16 duties.-- 17 (1) The Executive Office of the Governor is authorized 18 and directed to: 19 (j) Cooperate with the farm labor office of the 20 Department of Business and Professional Regulation Labor and 21 Employment Security in the recruitment and referral of migrant 22 laborers and other persons for the planting, cultivation, and 23 harvesting of agricultural crops in Florida. 24 Section 66. Subsection (2) of section 450.28, Florida 25 Statutes, is amended to read: 26 450.28 Definitions.-- 27 (2) "Department" means the Department of Business and 28 Professional Regulation Labor and Employment Security. 29 Section 67. Paragraph (l) of subsection (2) of section 30 110.205, Florida Statutes, is amended to read: 31 110.205 Career service; exemptions.-- 5 8:01 PM 04/17/01 s2224.go.11
SENATE AMENDMENT Bill No. CS for SB 2224 Amendment No. 11 Barcode 115150 1 (2) EXEMPT POSITIONS.--The exempt positions which are 2 not covered by this part include the following, provided that 3 no position, except for positions established for a limited 4 period of time pursuant to paragraph (h), shall be exempted if 5 the position reports to a position in the career service: 6 (l) All assistant division director, deputy division 7 director, and bureau chief positions in any department, and 8 those positions determined by the department to have 9 managerial responsibilities comparable to such positions, 10 which positions include, but are not limited to, positions in 11 the Department of Health, the Department of Children and 12 Family Services, and the Department of Corrections that are 13 assigned primary duties of serving as the superintendent or 14 assistant superintendent, or warden or assistant warden, of an 15 institution; positions in the Department of Corrections that 16 are assigned primary duties of serving as the circuit 17 administrator or deputy circuit administrator; positions in 18 the Department of Transportation that are assigned primary 19 duties of serving as regional toll managers and managers of 20 offices as defined in s. 20.23(3)(d)3. and (4)(d); positions 21 in the Department of Environmental Protection that are 22 assigned the duty of an Environmental Administrator or program 23 administrator; those positions described in s. 20.171 as 24 included in the Senior Management Service; and positions in 25 the Department of Health that are assigned the duties of 26 Environmental Administrator, Assistant County Health 27 Department Director, and County Health Department Financial 28 Administrator. Unless otherwise fixed by law, the department 29 shall set the salary and benefits of these positions in 30 accordance with the rules established for the Selected Exempt 31 Service. 6 8:01 PM 04/17/01 s2224.go.11
SENATE AMENDMENT Bill No. CS for SB 2224 Amendment No. 11 Barcode 115150 1 2 (Redesignate subsequent sections.) 3 4 5 ================ T I T L E A M E N D M E N T =============== 6 And the title is amended as follows: 7 On page 1, line 29, after the last comma, 8 9 insert: 10 443.012, 443.036, 447.02, 447.205, 447.305, 11 450.012, 450.191, 450.28, 110.205, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7 8:01 PM 04/17/01 s2224.go.11