SENATE AMENDMENT
    Bill No. CS for SB 466
    Amendment No. ___   Barcode 755104
                            CHAMBER ACTION
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11  Senator Garcia moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17  
18  Be It Enacted by the Legislature of the State of Florida:
19  
20         Section 1.  Paragraph (h) of subsection (3) of section
21  20.23, F.S., is amended to read:
22         20.23  Department of Transportation.--There is created
23  a Department of Transportation which shall be a decentralized
24  agency.
25         (3)
26         (h)1.  The secretary shall appoint an inspector general
27  pursuant to s. 20.055. To comply with recommended professional
28  auditing standards related to independence and objectivity,
29  the inspector general shall be appointed to a position within
30  the Career Service System and may be removed by the secretary
31  with the concurrence of the Transportation Commission.  In
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SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 order to attract and retain an individual who has the proven 2 technical and administrative skills necessary to comply with 3 the requirements of this section, the agency head may appoint 4 the inspector general to a classification level within the 5 Career Service System that is equivalent to that provided for 6 in part III of chapter 110. The inspector general may be 7 organizationally located within another unit of the department 8 for administrative purposes, but shall function independently 9 and be directly responsible to the secretary pursuant to s. 10 20.055. The duties of the inspector general shall include, but 11 are not restricted to, reviewing, evaluating, and reporting on 12 the policies, plans, procedures, and accounting, financial, 13 and other operations of the department and recommending 14 changes for the improvement thereof, as well as performing 15 audits of contracts and agreements between the department and 16 private entities or other governmental entities. The inspector 17 general shall give priority to reviewing major parts of the 18 department's accounting system and central office monitoring 19 function to determine whether such systems effectively ensure 20 accountability and compliance with all laws, rules, policies, 21 and procedures applicable to the operation of the department. 22 The inspector general shall also give priority to assessing 23 the department's management information systems as required by 24 s. 282.318. The internal audit function shall use the 25 necessary expertise, in particular, engineering, financial, 26 and property appraising expertise, to independently evaluate 27 the technical aspects of the department's operations. The 28 inspector general shall have access at all times to any 29 personnel, records, data, or other information of the 30 department and shall determine the methods and procedures 31 necessary to carry out his or her duties. The inspector 2 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 general is responsible for audits of departmental operations 2 and for audits of consultant contracts and agreements, and 3 such audits shall be conducted in accordance with generally 4 accepted governmental auditing standards. The inspector 5 general shall annually perform a sufficient number of audits 6 to determine the efficiency and effectiveness, as well as 7 verify the accuracy of estimates and charges, of contracts 8 executed by the department with private entities and other 9 governmental entities. The inspector general has the sole 10 responsibility for the contents of his or her reports, and a 11 copy of each report containing his or her findings and 12 recommendations shall be furnished directly to the secretary 13 and the commission. 14 2. In addition to the authority and responsibilities 15 herein provided, the inspector general is required to report 16 to the: 17 a. Secretary whenever the inspector general makes a 18 preliminary determination that particularly serious or 19 flagrant problems, abuses, or deficiencies relating to the 20 administration of programs and operations of the department 21 have occurred. The secretary shall review and assess the 22 correctness of the preliminary determination by the inspector 23 general. If the preliminary determination is substantiated, 24 the secretary shall submit such report to the appropriate 25 committees of the Legislature within 7 calendar days, together 26 with a report by the secretary containing any comments deemed 27 appropriate. Nothing in this section shall be construed to 28 authorize the public disclosure of information which is 29 specifically prohibited from disclosure by any other provision 30 of law. 31 b. Transportation Commission and the Legislature any 3 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 actions by the secretary that prohibit the inspector general 2 from initiating, carrying out, or completing any audit after 3 the inspector general has decided to initiate, carry out, or 4 complete such audit. The secretary shall, within 30 days 5 after transmission of the report, set forth in a statement to 6 the Transportation Commission and the Legislature the reasons 7 for his or her actions. 8 Section 2. Sections 110.108 and 110.109, Florida 9 Statutes, are repealed. 10 Section 3. Section 110.1091, Florida Statutes, is 11 amended to read: 12 110.1091 Program for assisting state employees; 13 confidentiality.--An Each employing state agency may provide a 14 program to assist any of its state employees employee who have 15 has a behavioral or medical disorder, substance abuse problem, 16 or emotional difficulty that which affects their the 17 employee's job performance, through referral for counseling, 18 therapy, or other professional treatment. Each employing state 19 agency may designate community diagnostic and referral 20 resources as necessary to implement the provisions of this 21 section. Any communication between a state employee and 22 personnel or service providers of a state employee assistance 23 program relative to the employee's participation in the 24 program shall be a confidential communication. Any routine 25 monitoring of telephone calls by the state agency does not 26 violate this provision. All records relative to that 27 participation shall be confidential and exempt from the 28 provisions of s. 119.07(1) and s. 24(a), Art. I of the State 29 Constitution. This section is subject to the Open Government 30 Sunset Review Act of 1995 in accordance with s. 119.15, and 31 shall stand repealed on October 2, 2003, unless reviewed and 4 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 saved from repeal through reenactment by the Legislature. 2 Section 4. Section 110.1095, Florida Statutes, is 3 repealed. 4 Section 5. Section 110.1099, Florida Statutes, is 5 amended to read: 6 110.1099 Education and training opportunities for 7 state employees.-- 8 (1) Education and training are an integral component 9 in improving the delivery of services to the public. 10 Recognizing that the application of productivity-enhancing 11 technology and practice demands demand continuous educational 12 and training opportunities, a state employee employees may be 13 authorized to receive fundable tuition waivers on a 14 space-available basis or a voucher or grant vouchers to attend 15 work-related courses at public community colleges, public 16 technical centers, or public universities. 17 (2) The department, in conjunction with the agencies, 18 shall request that public universities such institutions 19 provide evening and weekend programs for state employees. When 20 evening and weekend training and educational programs are not 21 available, an employee employees may be authorized to take 22 paid time off during his or her their regular working hours 23 for training and career development, as provided in s. 24 110.105(1), if such training benefits the employer as 25 determined by that employee's agency head. 26 (3) An employee Employees who exhibits exhibit 27 superior aptitude and performance may be authorized by that 28 employee's agency head to take a paid educational leave leaves 29 of absence for up to 1 academic year at a time, for specific 30 approved work-related education and training. That employee 31 (4) Such employees must enter into a contract 5 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 contracts to return to state employment for a period of time 2 equal to the length of the leave of absence or refund salary 3 and benefits paid during his or her their educational leave 4 leaves of absence. 5 (5) The Department of Management Services, in 6 consultation with the agencies and, to the extent applicable, 7 Florida's public postsecondary educational institutions, shall 8 adopt rules to implement and administer this section. 9 (4)(6) As a precondition to approving an employee's 10 training request, an agency or the judicial branch may require 11 an employee to enter into an agreement that requires the 12 employee to reimburse the agency or judicial branch for the 13 registration fee or similar expense for any training or 14 training series when the cost of the fee or similar expense 15 exceeds $1,000 if the employee voluntarily terminates 16 employment or is discharged for cause from the agency or 17 judicial branch within a specified period of time not to 18 exceed exceeding 4 years after the conclusion of the training. 19 This subsection does not apply to any training program that an 20 agency or the judicial branch requires an the employee to 21 attend. An agency or the judicial branch may pay the 22 outstanding balance then due and owing on behalf of a state 23 employee under this subsection in connection with recruitment 24 and hiring of such state employee. 25 (5) The Department of Management Services, in 26 consultation with the agencies and, to the extent applicable, 27 with Florida's public community colleges, public technical 28 centers, and public universities, shall adopt rules to 29 administer this section. 30 Section 6. Subsection (1) of section 110.1127, Florida 31 Statutes, is amended to read: 6 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 110.1127 Employee security checks.-- 2 (1) Each employing agency shall designate those 3 employee such of its positions that of state employment which, 4 because of the special trust or responsibility or sensitive 5 location of those such positions, require that persons 6 occupying those such positions be subject to a security 7 background check, including fingerprinting, as a condition of 8 employment. 9 Section 7. Effective February 1, 2002, subsection (2) 10 of section 110.113, Florida Statutes, is amended to read: 11 110.113 Pay periods for state officers and employees; 12 salary payments by direct deposit.-- 13 (2) As a condition of employment, a person appointed 14 to a position in state government on or after July 1, 1996, is 15 required to participate in the direct deposit program pursuant 16 to s. 17.076. This subsection does not apply to persons who 17 are in the employment of the state on July 1, 1996, and 18 subsequently receive promotion appointments, transfers, or 19 other changes in positions within the same personnel system 20 after July 1, 1996. An employee may request an exemption from 21 the provisions of this subsection when such employee can 22 demonstrate a hardship or when such employee is in an 23 other-personal-services position. 24 Section 8. Section 110.1245, Florida Statutes, is 25 amended to read: 26 110.1245 Savings-sharing program; bonus payments; 27 other awards.--Meritorious service awards program.-- 28 (1)(a) The Department of Management Services shall 29 adopt rules that prescribe set policy, develop procedures, and 30 promote a savings-sharing program for an individual or group 31 of employees who propose procedures or ideas that are adopted 7 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 and that result in eliminating or reducing state expenditures, 2 if such proposals are placed in effect and may be implemented 3 under current statutory authority. of meritorious service 4 awards, incentives, and recognition to employees who: 5 (a) Propose procedures or ideas which are adopted and 6 which will result in increasing productivity, in eliminating 7 or reducing state expenditures or improving operations, or in 8 generating additional revenues, provided such proposals are 9 placed in effect and can be implemented under current 10 statutory authority; or 11 (b) Each agency head shall recommend employees 12 individually or by group to be awarded an amount of money, 13 which amount shall be directly related to the cost savings 14 realized. Each proposed award and amount of money must be 15 approved by the Legislative Budgeting Commission and be in 16 compliance with section 216.1815. By their superior 17 accomplishments, make exceptional contributions to the 18 efficiency, economy, or other improvement in the operations of 19 the state government. 20 21 (c) Each Every state agency, unless otherwise provided 22 by law, may shall participate in the program. The Chief 23 Justice shall have the authority to establish a 24 savings-sharing meritorious service awards program for 25 employees of the judicial branch within the parameters 26 established in this section. The component of the program 27 specified in paragraph (a) shall apply to all employees within 28 the Career Service System, the Selected Exempt Service System, 29 and comparable employees within the judicial branch. The 30 component of the program specified in paragraph (b) shall 31 apply to all employees of the state. No award granted under 8 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 the component of the program described in paragraph (a) shall 2 exceed 10 percent of the first year's actual savings or actual 3 revenue increase, up to $25,000, plus applicable taxes, unless 4 a larger award is made by the Legislature, and shall be paid 5 from the appropriation available to the judicial branch or 6 state agency affected by the award or from any specific 7 appropriation therefor. No award granted under the component 8 of the program described in paragraph (b) shall exceed $1,000 9 plus applicable taxes per individual employee. The judicial 10 branch or an agency may award savings bonds or other items in 11 lieu of cash awards, provided that the cost of such item does 12 not exceed the limits specified in this subsection. In 13 addition, the judicial branch or a state agency may award 14 certificates, pins, plaques, letters of commendation, and 15 other tokens of recognition of meritorious service to an 16 employee eligible for recognition under either component of 17 the program, provided that the award may not cost in excess of 18 $100 each plus applicable taxes. 19 (d)(2) The department and the judicial branch shall 20 submit annually to the President of the Senate and the Speaker 21 of the House of Representatives information that outlines each 22 agency's level of participation in the savings-sharing 23 meritorious service awards program. The information shall 24 must include, but is not limited to: 25 1.(a) The number of proposals made. 26 2.(b) The number of dollars and awards made to 27 employees or groups for adopted proposals. 28 3.(c) The actual cost savings realized as a result of 29 implementing employee or group proposals. 30 4. The number of employees or groups recognized for 31 superior accomplishments. 9 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 (d) Total expenditures incurred by the agency for 2 providing awards to employees for adopted proposals. 3 (e) The number of employees recognized for superior 4 accomplishments. 5 (f) The number of employees recognized for 6 satisfactory service to the state. 7 (2) In June of each year, bonuses shall be paid to 8 employees from funds authorized by the Legislature in an 9 appropriation specifically for bonuses. Each agency shall 10 develop a plan for awarding lump-sum bonuses, which plan shall 11 be submitted no later than September 15 of each year and 12 approved by the Office of Policy and Budget in the Executive 13 Office of the Governor. Such plan shall include, at a minimum, 14 but is not limited to: 15 (a) A statement that all bonuses are subject to 16 specific appropriation by the Legislature. 17 (b) Eligibility criteria as follows: 18 1. The employee must have been employed prior to July 19 1 of that fiscal year and have been continuously employed 20 through the date of distribution. 21 2. The employee must not have been on leave without 22 pay consecutively for more than 6 months during the fiscal 23 year. 24 3. The employee must have had no sustained 25 disciplinary action during the period beginning July 1 through 26 the date the bonus checks are distributed. Disciplinary 27 actions include written reprimands, suspensions, dismissals, 28 and involuntary or voluntary demotions that were associated 29 with a disciplinary action. 30 4. The employee must have demonstrated a commitment to 31 the agency mission by reducing the burden on those served, 10 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 continually improving the way business is conducted, producing 2 results in the form of increased outputs, and working to 3 improve processes. 4 5. The employee must have demonstrated initiative in 5 work and have exceeded normal job expectations. 6 6. The employee must have modeled the way for others 7 by displaying agency values of fairness, cooperation, respect, 8 commitment, honesty, excellence, and teamwork. 9 (c) A periodic evaluation process of the employee's 10 performance. 11 (d) Peer input to account for at least 40 percent of 12 the bonus award determination. 13 (e) A division of the agency by work unit for purposes 14 of peer input and bonus distribution. 15 (f) A limitation on bonus distributions equal to 35 16 percent of the agency's total authorized positions. This 17 requirement may be waived by the Office of Policy and Budget 18 in the Executive Office of the Governor upon a showing of 19 exceptional circumstances. 20 (3) Each department head is authorized to incur 21 expenditures to award suitable framed certificates, pins, and 22 other tokens of recognition to retiring state employees whose 23 service with the state has been satisfactory, in appreciation 24 and recognition of such service. Such awards may not cost in 25 excess of $100 each plus applicable taxes. 26 (4) Each department head is authorized to incur 27 expenditures to award suitable framed certificates, pins, or 28 other tokens of recognition to state employees who have 29 achieved increments of 5 years of satisfactory service in the 30 agency or to the state, in appreciation and recognition of 31 such service. Such awards may not cost in excess of $100 $50 11 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 each plus applicable taxes. 2 (5) Each department head is authorized to incur 3 expenditures not to exceed $100 each plus applicable taxes for 4 suitable framed certificates, plaques, or other tokens of 5 recognition to any appointed member of a state board or 6 commission whose service to the state has been satisfactory, 7 in appreciation and recognition of such service upon the 8 expiration of such board or commission member's final term in 9 such position. 10 Section 9. Section 110.1246, Florida Statutes, is 11 repealed. 12 Section 10. Subsections (1) and (2) of section 13 110.129, Florida Statutes, are amended to read: 14 110.129 Services to political subdivisions.-- 15 (1) Upon request, the department may enter into a 16 formal agreement agreements with any municipality or political 17 subdivision of the state to furnish technical assistance to 18 improve the system or methods of personnel administration of 19 that such municipality or political subdivision. The 20 department shall provide such assistance within the 21 limitations of available staff, funds, and other resources. 22 All municipalities and political subdivisions of the state are 23 authorized to enter into such agreements. 24 (2) Technical assistance includes may include, but is 25 shall not be limited to, providing technical advice, written 26 reports, or and other information or materials that and may 27 cover such subjects as management and personnel systems, 28 central administrative and support services, employee 29 training, and employee productivity. 30 Section 11. Subsection (2) of section 110.131, Florida 31 Statutes, is amended to read: 12 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 110.131 Other-personal-services temporary 2 employment.-- 3 (2) An agency may employ any qualified individual in 4 other-personal-services temporary employment for 1,040 hours 5 within any 12-month period. An extension beyond a total of 6 1,040 hours within an agency for any individual requires a 7 recommendation by the approval of the agency head and approval 8 by the Executive Office of the Governor or a designee. 9 Approval of extensions shall be made in accordance with 10 criteria established by the department. Each agency shall 11 maintain employee information as specified by the department 12 regarding each extension of other-personal-services temporary 13 employment. The time limitation established by this 14 subsection does not apply to board members, consultants, 15 seasonal employees, institutional clients employed as part of 16 their rehabilitation, or bona fide, degree-seeking students in 17 accredited secondary or postsecondary educational programs, 18 employees hired to deal with an emergency situation that 19 affects the public health, safety, or welfare, or employees 20 hired for a project that is identified by a specific 21 appropriation or time-limited grant. 22 Section 12. Subsections (11), (18), and (19) of 23 section 110.203, Florida Statutes, are amended to read: 24 110.203 Definitions.--For the purpose of this part and 25 the personnel affairs of the state: 26 (11) "Pay plan" means a formal description of the 27 philosophy, methods, procedures, and salary schedules schedule 28 for competitively compensating employees at market-based rates 29 for work performed. 30 (18) "Promotion" means the changing of the 31 classification of an employee to a class having a higher 13 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 maximum salary; or the changing of the classification of an 2 employee to a class having the same or a lower maximum salary 3 but a higher level of responsibility as determined by the 4 Department of Management Services. 5 (19) "Demotion" means the changing of the 6 classification of an employee to a class having a lower 7 maximum salary; or the changing of the classification of an 8 employee to a class having the same or a higher maximum salary 9 but a lower level of responsibility as determined by the 10 Department of Management Services. 11 Section 13. Subsections (22), (23), and (24) of 12 section 110.203, Florida Statutes, are amended, and 13 subsections (28) and (29) are added to that section, to read: 14 110.203 Definitions.--For the purpose of this part and 15 the personnel affairs of the state: 16 (22) "Dismissal" means a disciplinary action taken by 17 an agency pursuant to s. 110.227 against an employee resulting 18 in termination of his or her employment for a violation of 19 agency standards or for cause pursuant to s. 110.227. 20 (23) "Suspension" means a disciplinary action taken by 21 an agency pursuant to s. 110.227 against an employee to 22 temporarily relieve the employee of his or her duties and 23 place him or her on leave without pay for violation of agency 24 standards or for cause pursuant to s. 110.227. 25 (24) "Layoff" means termination of employment due to 26 abolishment of positions necessitated by a shortage of funds 27 or work, or a material change in the duties or organization of 28 an agency, including the outsourcing or privatization of an 29 activity or function previously performed by career service 30 employees. 31 (28) "Firefighter" means a firefighter certified under 14 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 chapter 633. 2 (29) "Law enforcement or correctional officer" means a 3 law enforcement officer, special agent, correctional officer, 4 correctional probation officer, or institutional security 5 specialist required to be certified under chapter 943. 6 Section 14. Section 110.2035, Florida Statutes, is 7 created to read: 8 110.2035 Classification and compensation program.-- 9 (1) The Department of Management Services, in 10 consultation with the Executive Office of the Governor and the 11 Legislature, shall develop a classification and compensation 12 program. This program shall be developed for use by all state 13 agencies and shall address Career Service, Select Exempt 14 Service, and Senior Management Service classes. 15 (2) The program shall consist of the following: 16 (a) A position classification system using no more 17 than 50 occupational groups and up to a six-class series 18 structure for each occupation within an occupational group. 19 Additional occupational groups may be established only by the 20 Executive Office of the Governor after consultation with the 21 Legislature. 22 (b) A pay plan that shall provide broad, market-based 23 salary ranges for each occupational group. 24 (3) The following goals shall be considered in 25 designing and implementing the program: 26 (a) The classification system must significantly 27 reduce the need to reclassify positions due to work assignment 28 and organizational changes by decreasing the number of 29 classification changes required. 30 (b) The classification system must establish 31 broad-based classes allowing flexibility in organizational 15 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 structure and must reduce the levels of supervisory classes. 2 (c) The classification system and pay plan must 3 emphasize pay administration and job-performance evaluation by 4 management rather than emphasize use of the classification 5 system to award salary increases. 6 (d) The pay administration system must contain 7 provisions to allow managers the flexibility to move employees 8 through the pay ranges and provide for salary increase 9 additives and lump-sum bonuses. 10 (4) The classification system shall be structured such 11 that each confidential, managerial, and supervisory employee 12 shall be included in the Selected Exempt Service, in 13 accordance with part V of this chapter. 14 (5) The Department of Management Services shall submit 15 the proposed design of the classification and compensation 16 program to the Executive Office of the Governor, the presiding 17 officers of the Legislature, and the appropriate legislative 18 fiscal and substantive standing committees on or before 19 December 1, 2001. 20 (6) The department shall establish, by rule, 21 guidelines with respect to, and shall delegate to the 22 employing agencies, where appropriate, the authority to 23 administer the following: 24 (a) Shift differentials. 25 (b) On-call fees. 26 (c) Hazardous-duty pay. 27 (d) Advanced appointment rates. 28 (e) Salary increase and decrease corrections. 29 (f) Lead-worker pay. 30 (g) Temporary special duties pay. 31 (h) Trainer-additive pay. 16 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 (i) Competitive area differentials. 2 (j) Coordinator pay. 3 (k) Critical market pay. 4 5 The employing agency must use such pay additives as are 6 appropriate within the guidelines established by the 7 department and shall advise the department in writing of the 8 plan for implementing such pay additives prior to the 9 implementation date. Any action by an employing agency to 10 implement temporary special duties pay, competitive area 11 differentials, or critical market pay may be implemented only 12 after the department has reviewed and recommended such action; 13 however, an employing agency may use temporary special duties 14 pay for up to 3 months without prior review by the department. 15 The department shall annually provide a summary report of the 16 pay additives implemented pursuant to this section. 17 Section 15. Subsection (2) of section 110.205, Florida 18 Statutes, is amended, and subsection (7) is added to that 19 section, to read: 20 110.205 Career service; exemptions.-- 21 (2) EXEMPT POSITIONS.--The exempt positions that which 22 are not covered by this part include the following, provided 23 that no position, except for positions established for a 24 limited period of time pursuant to paragraph (h), shall be 25 exempted if the position reports to a position in the career 26 service: 27 (a) All officers of the executive branch elected by 28 popular vote and persons appointed to fill vacancies in such 29 offices. Unless otherwise fixed by law, the salary and 30 benefits for any such officer who serves as the head of a 31 department shall be set by the department in accordance with 17 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 the rules of the Senior Management Service. 2 (b) All members, officers, and employees of the 3 legislative branch, except for the members, officers, and 4 employees of the Florida Public Service Commission. 5 (c) All members, officers, and employees of the 6 judicial branch. 7 (d) All officers and employees of the State University 8 System and the Correctional Education Program within the 9 Department of Corrections, and the academic personnel and 10 academic administrative personnel of the Florida School for 11 the Deaf and the Blind. In accordance with the provisions of 12 chapter 242, the salaries for academic personnel and academic 13 administrative personnel of the Florida School for the Deaf 14 and the Blind shall be set by the board of trustees for the 15 school, subject only to the approval of the State Board of 16 Education. The salaries for all instructional personnel and 17 all administrative and noninstructional personnel of the 18 Correctional Education Program shall be set by the Department 19 of Corrections, subject to the approval of the Department of 20 Management Services. 21 (e) All members of state boards and commissions, 22 however selected. Unless otherwise fixed by law, the salary 23 and benefits for any full-time board or commission member 24 shall be set by the department in accordance with the rules of 25 the Senior Management Service. 26 (f) Judges, referees, and receivers. 27 (g) Patients or inmates in state institutions. 28 (h) All positions that which are established for a 29 limited period of time for the purpose of conducting a special 30 study, project, or investigation and any person paid from an 31 other-personal-services appropriation. Unless otherwise fixed 18 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 by law, the salaries for such positions and persons shall be 2 set in accordance with rules established by the employing 3 agency for other-personal-services payments pursuant to s. 4 110.131. 5 (i) The appointed secretaries, assistant secretaries, 6 deputy secretaries, and deputy assistant secretaries of all 7 departments; the executive directors, assistant executive 8 directors, deputy executive directors, and deputy assistant 9 executive directors of all departments; and the directors of 10 all divisions and those positions determined by the department 11 to have managerial responsibilities comparable to such 12 positions, which positions include, but are not limited to, 13 program directors, assistant program directors, district 14 administrators, deputy district administrators, the Director 15 of Central Operations Services of the Department of Children 16 and Family Services, and the State Transportation Planner, 17 State Highway Engineer, State Public Transportation 18 Administrator, district secretaries, district directors of 19 planning and programming, production, and operations, and the 20 managers of the offices specified in s. 20.23(3)(d)2., of the 21 Department of Transportation. Unless otherwise fixed by law, 22 the department shall set the salary and benefits of these 23 positions in accordance with the rules of the Senior 24 Management Service. 25 (j) The personal secretary to the incumbent of each 26 position exempted in paragraph (a), and to each appointed 27 secretary, assistant secretary, deputy secretary, executive 28 director, assistant executive director, and deputy executive 29 director of each department under paragraph (i). Unless 30 otherwise fixed by law, the department shall set the salary 31 and benefits of these positions in accordance with the rules 19 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 of the Selected Exempt Service. 2 (k) All officers and employees in the office of the 3 Governor, including all employees at the Governor's mansion, 4 and employees within each separate budget entity, as defined 5 in chapter 216, assigned to the Governor. Unless otherwise 6 fixed by law, the salary and benefits of these positions shall 7 be set by the department as follows: 8 1. The chief of staff, the assistant or deputy chief 9 of staff, general counsel, Director of Legislative Affairs, 10 chief inspector general, Director of Cabinet Affairs, Director 11 of Press Relations, Director of Planning and Budgeting, 12 director of administration, director of state-federal 13 relations, Director of Appointments, Director of External 14 Affairs, Deputy General Counsel, Governor's Liaison for 15 Community Development, Chief of Staff for the Lieutenant 16 Governor, Deputy Director of Planning and Budgeting, policy 17 coordinators, and the director of each separate budget entity 18 shall have their salaries and benefits established by the 19 department in accordance with the rules of the Senior 20 Management Service. 21 2. The salaries and benefits of positions not 22 established in sub-subparagraph a. shall be set by the 23 employing agency. Salaries and benefits of employees whose 24 professional training is comparable to that of licensed 25 professionals under paragraph (q), or whose administrative 26 responsibility is comparable to a bureau chief shall be set by 27 the Selected Exempt Service. The department shall make the 28 comparability determinations. Other employees shall have 29 benefits set comparable to legislative staff, except leave 30 shall be comparable to career service as if career service 31 employees. 20 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 (l) All assistant division director, deputy division 2 director, and bureau chief positions in any department, and 3 those positions determined by the department to have 4 managerial responsibilities comparable to such positions, 5 which positions include, but are not limited to, positions in 6 the Department of Health, the Department of Children and 7 Family Services, and the Department of Corrections that are 8 assigned primary duties of serving as the superintendent or 9 assistant superintendent, or warden or assistant warden, of an 10 institution; positions in the Department of Corrections that 11 are assigned primary duties of serving as the circuit 12 administrator or deputy circuit administrator; positions in 13 the Department of Transportation that are assigned primary 14 duties of serving as regional toll managers and managers of 15 offices as defined in s. 20.23(3)(d)3. and (4)(d); positions 16 in the Department of Environmental Protection that are 17 assigned the duty of an Environmental Administrator or program 18 administrator; those positions described in s. 20.171 as 19 included in the Senior Management Service; and positions in 20 the Department of Health that are assigned the duties of 21 Environmental Administrator, Assistant County Health 22 Department Director, and County Health Department Financial 23 Administrator. Unless otherwise fixed by law, the department 24 shall set the salary and benefits of these positions in 25 accordance with the rules established for the Selected Exempt 26 Service. 27 (m)1. a. In addition to those positions exempted by 28 other paragraphs of this subsection, each department head may 29 designate a maximum of 20 policymaking or managerial 30 positions, as defined by the department and approved by the 31 Administration Commission, as being exempt from the Career 21 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 Service System. Career service employees who occupy a position 2 designated as a position in the Selected Exempt Service under 3 this paragraph shall have the right to remain in the Career 4 Service System by opting to serve in a position not exempted 5 by the employing agency. Unless otherwise fixed by law, the 6 department shall set the salary and benefits of these 7 positions in accordance with the rules of the Selected Exempt 8 Service; provided, however, that if the agency head determines 9 that the general counsel, chief Cabinet aide, public 10 information administrator or comparable position for a Cabinet 11 officer, inspector general, or legislative affairs director 12 has both policymaking and managerial responsibilities and if 13 the department determines that any such position has both 14 policymaking and managerial responsibilities, the salary and 15 benefits for each such position shall be established by the 16 department in accordance with the rules of the Senior 17 Management Service. 18 b. In addition, each department may designate one 19 additional position in the Senior Management Service if that 20 position reports directly to the agency head or to a position 21 in the Senior Management Service and if any additional costs 22 are absorbed from the existing budget of that department. 23 2. If otherwise exempt, employees of the Public 24 Employees Relations Commission, the Commission on Human 25 Relations, and the Unemployment Appeals Commission, upon the 26 certification of their respective commission heads, may be 27 provided for under this paragraph as members of the Senior 28 Management Service, if otherwise qualified. However, the 29 deputy general counsels of the Public Employees Relations 30 Commission shall be compensated as members of the Selected 31 Exempt Service. 22 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 (n) The executive director, deputy executive director, 2 general counsel, official reporters, and division directors 3 within the Public Service Commission and the personal 4 secretary and personal assistant to each member of the Public 5 Service Commission. Unless otherwise fixed by law, the salary 6 and benefits of the executive director, deputy executive 7 directors, general counsel, Director of Administration, 8 Director of Appeals, Director of Auditing and Financial 9 Analysis, Director of Communications, Director of Consumer 10 Affairs, Director of Electric and Gas, Director of Information 11 Processing, Director of Legal Services, Director of Records 12 and Reporting, Director of Research, and Director of Water and 13 Sewer shall be set by the department in accordance with the 14 rules of the Senior Management Service. The salary and 15 benefits of the personal secretary and the personal assistant 16 of each member of the commission and the official reporters 17 shall be set by the department in accordance with the rules of 18 the Selected Exempt Service, notwithstanding any salary 19 limitations imposed by law for the official reporters. 20 (o)1. All military personnel of the Department of 21 Military Affairs. Unless otherwise fixed by law, the salary 22 and benefits for such military personnel shall be set by the 23 Department of Military Affairs in accordance with the 24 appropriate military pay schedule. 25 2. The military police chiefs, military police 26 officers, firefighter trainers, firefighter-rescuers, and 27 electronic security system technicians shall have salary and 28 benefits the same as career service employees. 29 (p) The staff directors, assistant staff directors, 30 district program managers, district program coordinators, 31 district subdistrict administrators, district administrative 23 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 services directors, district attorneys, and the Deputy 2 Director of Central Operations Services of the Department of 3 Children and Family Services and the county health department 4 directors and county health department administrators of the 5 Department of Health. Unless otherwise fixed by law, the 6 department shall establish the salary range and benefits for 7 these positions in accordance with the rules of the Selected 8 Exempt Service. 9 (q) All positions not otherwise exempt under this 10 subsection which require as a prerequisite to employment: 11 licensure as a physician pursuant to chapter 458, licensure as 12 an osteopathic physician pursuant to chapter 459, licensure as 13 a chiropractic physician pursuant to chapter 460, including 14 those positions which are occupied by employees who are 15 exempted from licensure pursuant to s. 409.352; licensure as 16 an engineer pursuant to chapter 471, which are supervisory 17 positions except for such positions in the Department of 18 Transportation; or for 12 calendar months, which require as a 19 prerequisite to employment that the employee have received the 20 degree of Bachelor of Laws or Juris Doctor from a law school 21 accredited by the American Bar Association and thereafter 22 membership in The Florida Bar, except for any attorney who 23 serves as an administrative law judge pursuant to s. 120.65 or 24 for hearings conducted pursuant to s. 120.57(1)(a). Unless 25 otherwise fixed by law, the department shall set the salary 26 and benefits for these positions in accordance with the rules 27 established for the Selected Exempt Service. 28 (r) The statewide prosecutor in charge of the Office 29 of Statewide Prosecution of the Department of Legal Affairs 30 and all employees in the office. The Department of Legal 31 Affairs shall set the salary of these positions. 24 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 (s) The executive director of each board or commission 2 established within the Department of Business and Professional 3 Regulation or the Department of Health. Unless otherwise fixed 4 by law, the department shall establish the salary and benefits 5 for these positions in accordance with the rules established 6 for the Selected Exempt Service. 7 (t) All officers and employees of the State Board of 8 Administration. The State Board of Administration shall set 9 the salaries and benefits of these positions. 10 (u) Positions that which are leased pursuant to a 11 state employee lease agreement expressly authorized by the 12 Legislature pursuant to s. 110.191. 13 (v) Effective July 1, 2001, managerial employees, as 14 defined in s. 447.203(4), confidential employees, as defined 15 in s. 447.203(5), and supervisory employees who spend the 16 majority of their time communicating with, motivating, 17 training, and evaluating employees, and planning and directing 18 employees' work, and who have the authority to hire, transfer, 19 suspend, lay off, recall, promote, discharge, assign, reward, 20 or discipline subordinate employees or effectively recommend 21 such action, including all employees serving as supervisors, 22 administrators, and directors, except employees also 23 designated as special risk or special risk administrative 24 support and except administrative law judges and hearing 25 officers. Unless otherwise fixed by law, the department shall 26 establish the salary range and benefits for these positions in 27 accordance with the rules of the Selected Exempt Service. 28 (w) Effective July 1, 2001, any employee exempted and 29 moved to the Selected Exempt Service by way of an agreed-upon 30 collective bargaining agreement. 31 (7) CARRYING LEAVE FORWARD.--If an employee is 25 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 transferred or otherwise moves from the Career Service System 2 into the Selected Exempt Service, all of the employee's unused 3 annual leave, unused sick leave, and unused compensatory leave 4 shall carry forward with the employee. 5 Section 16. Section 110.211, Florida Statutes, is 6 amended to read: 7 110.211 Recruitment.-- 8 (1) Recruiting shall be planned and carried out in a 9 manner that assures open competition based upon current and 10 projected employing agency needs, taking into consideration 11 the number and types of positions to be filled and the labor 12 market conditions, with special emphasis placed on recruiting 13 efforts to attract minorities, women, or other groups that are 14 underrepresented in the workforce of the employing agency. 15 (2) Recruiting efforts to fill current or projected 16 vacancies shall be carried out in the sound discretion of the 17 agency head the responsibility of the employing agency. 18 (3) Recruiting shall seek efficiency in advertising 19 and may be assisted by a contracted vendor responsible for 20 maintenance of the personnel data. The department shall 21 provide for executive-level recruitment and a recruitment 22 enhancement program designed to encourage individuals to seek 23 employment with state government and to promote better public 24 understanding of the state as an employer. 25 (4) An application for a publicly announced vacancy 26 must be made directly to the employing agency. 27 (4)(5) All recruitment literature printed after July 28 1, 1979, involving state position vacancies shall contain the 29 phrase "An Equal Opportunity Employer/Affirmative Action 30 Employer." 31 (6) The department shall develop model recruitment 26 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 rules which may be used by employing agencies. Such rules 2 must be approved by the Administration Commission before their 3 adoption by the department. Employing agencies electing to 4 adopt recruitment rules that are inconsistent with the model 5 rules must consult with and submit such rules to the 6 department for review. Such rules must also be approved by 7 the Administration Commission before their adoption by the 8 employing agencies. 9 Section 17. Section 110.213, Florida Statutes, is 10 amended to read: 11 110.213 Selection.-- 12 (1) The department shall have the responsibility for 13 determining guidelines for selection procedures to be utilized 14 by the employing agencies. 15 (2) Any selection procedure utilized in state 16 employment shall be designed to provide maximum validity, 17 reliability, and objectivity; shall be based on adequate job 18 analysis to ensure job relatedness; and shall measure the 19 relative ability, knowledge, and skill needed for entry to a 20 job. 21 (1)(3) Selection for appointment from among the most 22 qualified candidates available eligibles shall be the sole 23 responsibility of the employing agency. Effective July 1, 24 2001, all new employees must successfully complete at least a 25 1-year probationary period before attainment of permanent 26 status. 27 (2) Selection shall reflect efficiency and simplicity 28 in hiring procedures. The agency head or his or her designee 29 shall be required to document the qualifications of the 30 selected candidate to ensure that the candidate meets the 31 minimum qualifications and possesses the requisite knowledge, 27 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 skills, and abilities for the position. No other documentation 2 or justification shall be required prior to selecting a 3 candidate for a position. 4 (4) The department shall develop model selection rules 5 that may be used by employing agencies. Such rules must be 6 approved by the Administration Commission before their 7 adoption by the department. Employing agencies electing to 8 adopt selection rules that are inconsistent with the model 9 rules shall consult with and submit such rules to the 10 department for review. Such rules must also be approved by the 11 Administration Commission before their adoption by the 12 employing agencies. 13 Section 18. Subsections (6) and (7) are added to 14 section 110.219, Florida Statutes, to read: 15 110.219 Attendance and leave; general policies.-- 16 (6) The leave benefits provided to Senior Management 17 Service employees shall not exceed those provided to employees 18 in the Select Exempt Service. 19 (7) Each December, a permanent career service employee 20 shall be entitled, subject to available funds, to a payout of 21 up to 24 hours of unused annual leave as follows: 22 (a) A permanent career service employee must have an 23 annual leave balance of no less than 24 hours, after the 24 payout, in order to qualify for this benefit. 25 (b) No permanent career service employee shall receive 26 a payout of greater than 240 hours over the course of the 27 employee's career with the state, including any leave received 28 at the time of separation. 29 Section 19. Section 110.224, Florida Statutes, is 30 amended to read: 31 110.224 Public employee Review and performance 28 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 evaluation planning system.--A public employee review and 2 performance evaluation planning system shall be established as 3 a basis for evaluating and improving the performance of the 4 state's workforce, to provide documentation in support of 5 recommendations for salary increases, promotions, demotions, 6 reassignments, or dismissals; to inform employees of strong 7 and weak points in the employee's performance, to identify 8 improvements expected, and current and future training needs, 9 and to award lump-sum bonuses in accordance with s. 10 110.1245(2); and to assist in determining the order of layoff 11 and reemployment. 12 (1) Upon original appointment, promotion, demotion, or 13 reassignment, a job description of the position assigned each 14 career service employee must be made available to the career 15 service employee given a statement of the work expectations 16 and performance standards applicable to the position. The job 17 description may be made available in an electronic format. 18 statement may be included in the position description or in a 19 separate document. An employee will not be required to meet 20 work expectations or performance standards that have not been 21 furnished in writing to the employee. 22 (2) Each employee must have a employee's performance 23 evaluation must be reviewed at least annually, and the 24 employee must receive a copy an oral and written assessment of 25 his or her performance evaluation. The performance evaluation 26 assessment may include a plan of corrective action for 27 improvement of the employee's performance based on the work 28 expectations or performance standards applicable to the 29 position as determined by the agency head. 30 (3) The department may adopt rules to administer the 31 public employee review and performance evaluation planning 29 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 system which establish procedures for performance evaluation, 2 procedures to be followed in case of failure to meet 3 performance standards, review periods, and forms. 4 Section 20. Subsections (2) and (3) of section 5 110.227, Florida Statutes, are amended to read: 6 110.227 Suspensions, dismissals, reductions in pay, 7 demotions, layoffs, transfers, and grievances.-- 8 (2) The department shall establish rules and 9 procedures for the suspension, reduction in pay, transfer, 10 layoff, demotion, and dismissal of employees in the career 11 service. Except with regard to law enforcement or correctional 12 officers or firefighters, rules regarding layoff procedures 13 shall not include any system whereby a career service employee 14 with greater seniority has the option of selecting a different 15 position not being eliminated, but either vacant or already 16 occupied by an employee of less seniority, and taking that 17 position, commonly referred to as "bumping." For the 18 implementation of layoffs as defined in s. 110.131, the 19 department shall develop rules requiring that consideration be 20 given to comparative merit, demonstrated skills, and the 21 employee's experience. Such rules shall be approved by the 22 Administration Commission prior to their adoption by the 23 department. This subsection does not prohibit bumping in a 24 collective bargaining agreement nor does it prevent or 25 abrogate any collective bargaining provisions that recognize 26 special protection on the basis of seniority or job 27 experience. 28 (3)(a) With regard to law enforcement or correctional 29 officers or firefighters, when a layoff becomes necessary, 30 such layoff shall be conducted within the competitive area 31 identified by the agency head and approved by the Department 30 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 of Management Services. Such competitive area shall be 2 established taking into consideration the similarity of work; 3 the organizational unit, which may be by agency, department, 4 division, bureau, or other organizational unit; and the 5 commuting area for the work affected. 6 (b) Layoff procedures shall be developed to establish 7 the relative merit and fitness of employees and shall include 8 a formula for uniform application among potentially adversely 9 affected employees, or with respect to law enforcement or 10 correctional officers or firefighters, among all employees in 11 the competitive area, taking into consideration the type of 12 appointment, the length of service, and the evaluations of the 13 employee's performance within the last 5 years of employment. 14 Section 21. Effective February 1, 2002, subsections 15 (1), (4), (5), and (6), of section 110.227, Florida Statutes, 16 are amended to read and subsection (7) is deleted: 17 (1) Any employee who has permanent status in the 18 career service may only be suspended or dismissed only for 19 cause. Cause shall include, but is not be limited to, poor 20 performance, negligence, inefficiency or inability to perform 21 assigned duties, insubordination, willful violation of the 22 provisions of law or agency rules, conduct unbecoming a public 23 employee, misconduct, habitual drug abuse, or conviction of 24 any crime involving moral turpitude. Suspension or dismissal 25 based upon political patronage, unlawful discrimination, or 26 arbitrariness or for any conduct that is otherwise protected 27 under state or federal law shall not constitute cause. The 28 Each agency head shall ensure that all employees of the agency 29 have reasonable access to the agency's personnel manual are 30 completely familiar with the agency's established procedures 31 on disciplinary actions and grievances. 31 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 (4) A grievance process shall be available to 2 permanent career service employees. A grievance is defined as 3 the dissatisfaction that occurs when an employee believes that 4 any condition affecting the employee is unjust, inequitable, 5 or a hinderance to effective operation. Claims of 6 discrimination and sexual harassment or claims related to 7 suspensions, reductions in pay, demotions, and dismissals are 8 not subject to the career service grievance process. The 9 following procedures shall apply to any grievance filed 10 pursuant to this subsection: 11 (a) Step One.--The employee may submit a signed, 12 written grievance on a form provided by the agency to his or 13 her supervisor within 7 calendar days following the occurrence 14 of the event giving rise to the grievance. The supervisor must 15 meet with the employee to discuss the grievance within 5 16 business days following receipt of the grievance. 17 (b) Step Two.--If the employee is dissatisfied with 18 the response of his or her supervisor, the employee may submit 19 the written grievance to the agency head or his or her 20 designee within 2 business days following the meeting with his 21 or her supervisor. The agency head or his or her designee must 22 meet with the employee to discuss the grievance within 5 23 business days following receipt of the grievance. The agency 24 head or his or her designee must respond in writing to the 25 employee within 5 business days following the meeting. The 26 written decision of the agency head shall be the final 27 authority for all grievances filed pursuant to this 28 subsection. Such grievances may not be appealed beyond Step 29 Two. 30 (4) Any permanent career service employee subject to 31 reduction in pay, transfer, layoff, or demotion from a class 32 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 in which he or she has permanent status in the Career Service 2 System shall be notified in writing by the agency prior to its 3 taking such action. The notice may be delivered to the 4 employee personally or may be sent by certified mail with 5 return receipt requested. Such actions shall be appealable to 6 the Public Employees Relations Commission, pursuant to s. 7 447.208 and rules adopted by the commission. 8 (5)(a) A Any permanent career service employee who is 9 subject to a suspension, reduction in pay, demotion, or 10 dismissal shall receive written notice of such action at least 11 10 days prior to the date such action is to be taken. 12 Subsequent to such notice, and prior to the date the action is 13 to be taken, the affected employee shall be given an 14 opportunity to appear before the agency or official taking the 15 action to answer orally and in writing the charges against him 16 or her. The notice to the employee required by this paragraph 17 may be delivered to the employee personally or may be sent by 18 certified mail with return receipt requested. Such actions 19 shall be appealable to the Public Employees Relations 20 Commission as provided in subsection (6). Written notice of 21 any such appeal shall be filed by the employee with the 22 commission within 14 calendar days after the date on which the 23 notice of suspension, reduction in pay, demotion, or dismissal 24 is received by the employee. An employee who is suspended or 25 dismissed shall be entitled to a hearing before the Public 26 Employees Relations Commission or its designated agent 27 pursuant to s. 447.208 and rules adopted by the commission. 28 (b) In extraordinary situations such as when the 29 retention of a permanent career service employee would result 30 in damage to state property, would be detrimental to the best 31 interest of the state, or would result in injury to the 33 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 employee, a fellow employee, or some other person, such 2 employee may be suspended or dismissed without 10 days' prior 3 notice, provided that written or oral notice of such action, 4 evidence of the reasons therefor, and an opportunity to rebut 5 the charges are furnished to the employee prior to such 6 dismissal or suspension. Such notice may be delivered to the 7 employee personally or may be sent by certified mail with 8 return receipt requested. Agency compliance with the foregoing 9 procedure requiring notice, evidence, and an opportunity for 10 rebuttal must be substantiated. Any employee who is suspended 11 or dismissed pursuant to the provisions of this paragraph may 12 appeal to shall be entitled to a hearing before the Public 13 Employees Relations Commission as provided in subsection (6). 14 Written notice of any such appeal shall be filed with the 15 commission by the employee within 14 days after the date on 16 which the notice of suspension, reduction in pay, demotion, or 17 dismissal is received by the employee or its designated agent 18 pursuant to s. 447.208, except that such hearing shall be held 19 no more than 20 days after the filing of the notice of appeal 20 by the employee. 21 (6) The following procedures shall apply to appeals 22 filed pursuant to subsection (5), with the Public Employees 23 Relations Commission, hereinafter referred to as the 24 commission: 25 (a) The commission must conduct a hearing within 30 26 calendar days following the filing of a notice of appeal. No 27 extension of time for the hearing may exceed 30 calendar days, 28 absent exceptional circumstances, and no extension of time may 29 be granted without the consent of all parties. Discovery may 30 be granted only upon the showing of extraordinary 31 circumstances. A party requesting discovery shall demonstrate 34 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 a substantial need for the information requested and an 2 inability to obtain relevant information by other means. 3 Except where inconsistent with the requirements of this 4 subsection, the provisions of subsections (4) and (5) of 5 section 447.503 and chapter 120 apply to proceedings held 6 pursuant to this subsection. 7 (b) A person may represent himself or herself in 8 proceedings before the commission or may be represented by 9 legal counsel or by any individual who qualifies as a 10 representative pursuant to rules adopted by the commission. 11 (c) If the commission finds that cause did not exist 12 for the agency action, the commission shall reverse the 13 decision of the agency head and the employee shall be 14 reinstated with or without back pay. If the commission finds 15 that cause existed for the agency action, the commission shall 16 affirm the decision of the agency head absent a specific 17 written finding of mitigation, based upon those factors named 18 in s. 110.227(1). The commission may not reduce the penalty 19 imposed by the agency head. 20 (d) A recommended order shall be issued by the hearing 21 officer within 30 days following the hearing. Exceptions to 22 the recommended order shall be filed within 5 business days 23 after the recommended order is issued. The final order shall 24 be filed by the commission no later than 30 calendar days 25 after the hearing or after the filing of exceptions or oral 26 arguments if granted. 27 (e) Final orders issued by the commission pursuant to 28 paragraph (d) shall be reviewable as provided in section 29 447.504. 30 (6) A grievance process shall be available to career 31 service employees. A grievance is defined as the 35 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 dissatisfaction that occurs when an employee thinks or feels 2 that any condition affecting the employee is unjust, 3 inequitable, or a hinderance to effective operation, or 4 creates a problem, except that an employee shall not have the 5 right to file a grievance against performance evaluations 6 unless it is alleged that the evaluation is based on factors 7 other than the employee's performance. Claims of 8 discrimination and sexual harassment, suspensions, reductions 9 in pay, transfers, layoffs, demotions, and dismissals are not 10 subject to the career service grievance process. 11 (7) The department shall adopt rules for 12 administration of the grievance process for career service 13 employees. Such rules shall establish agency grievance 14 procedures, eligibility, filing deadlines, forms, and review 15 and evaluation governing the grievance process. 16 Section 22. Paragraph (a) of subsection (4) of section 17 110.233, Florida Statutes, is amended to read: 18 110.233 Political activities and unlawful acts 19 prohibited.-- 20 (4) As an individual, each employee retains all rights 21 and obligations of citizenship provided in the Constitution 22 and laws of the state and the Constitution and laws of the 23 United States. However, no employee in the career service 24 shall: 25 (a) Hold, or be a candidate for, public office while 26 in the employment of the state or take any active part in a 27 political campaign while on duty or within any period of time 28 during which the employee is expected to perform services for 29 which he or she receives compensation from the state. However, 30 when authorized by his or her agency head and approved by the 31 department of Management Services as involving no interest 36 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 which conflicts or activity which interferes with his or her 2 state employment, an employee in the career service may be a 3 candidate for or hold local public office. The department of 4 Management Services shall prepare and make available to all 5 affected personnel who make such request a definite set of 6 rules and procedures consistent with the provisions herein. 7 Section 23. Subsection (1) of section 110.235, Florida 8 Statutes, is amended to read: 9 110.235 Training.-- 10 (1) It is the intent of the Legislature that State 11 agencies shall implement training programs that encompass 12 modern management principles, and that provide the framework 13 to develop human resources through empowerment, training, and 14 rewards for productivity enhancement; to continuously improve 15 the quality of services; and to satisfy the expectations of 16 the public. 17 Section 24. Section 110.401, Florida Statutes, is 18 amended to read: 19 110.401 Declaration of policy.--It is the intent of 20 This part creates to create a uniform system for attracting, 21 retaining, and developing highly competent senior-level 22 managers at the highest executive-management-level agency 23 positions in order for the highly complex programs and 24 agencies of state government to function effectively, 25 efficiently, and productively. The Legislature recognizes that 26 senior-level management is an established profession and that 27 the public interest is best served by developing and refining 28 the management skills of its Senior Management Service 29 employees. Accordingly To this end, training and 30 management-development programs are regarded as a major 31 administrative function within agencies. 37 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 Section 25. Subsections (3), (4), and (5) of section 2 110.403, Florida Statutes, are amended to read: 3 110.403 Powers and duties of the Department of 4 (3) The department of Management Services shall have 5 the following additional responsibilities: 6 (a) To establish and administer a professional 7 development program that which shall provide for the 8 systematic development of managerial, executive, or 9 administrative skills. Such a program shall include the 10 following topics: 11 1. Improving the performance of individual employees. 12 This topic provides skills in understanding and motivating 13 individual performance, providing effective and timely 14 evaluations of employees, and making recommendations on 15 performance incentives and disincentives. 16 2. Improving the performance of groups of employees. 17 This topic provides skills in creating and maintaining 18 productive workgroups and making recommendations on 19 performance incentives and disincentives. 20 3. Relating the efforts of employees to the goals of 21 the organization. This topic provides skills in linking the 22 work of individual employees to the goals of the agency 23 program, service, or activity. 24 4. Strategic planning. This topic provides the skills 25 for defining agency business processes, measuring performance 26 of such processes, and reengineering such processes for 27 improved efficiency and effectiveness. 28 5. Team leadership. This topic provides skills in 29 effective group processes for organizational motivation and 30 productivity based on proven business and military 31 applications that emphasize respect for and courtesy to the 38 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 public. 2 (b) To promote public understanding of the purposes, 3 policies, and programs of the Senior Management Service. 4 (c) To approve contracts of employing agencies with 5 persons engaged in the business of conducting multistate 6 executive searches to identify qualified and available 7 applicants for Senior Management Service positions for which 8 the department of Management Services sets salaries in 9 accordance with the classification and pay plan. Such 10 contracts may be entered by the agency head only after 11 completion of an unsuccessful in-house search. The department 12 of Management Services shall establish, by rule, the minimum 13 qualifications for persons desiring to conduct executive 14 searches, including a requirement for the use of contingency 15 contracts. These Such rules shall ensure that such persons 16 possess the requisite capacities to perform effectively at 17 competitive industry prices. These The Department of 18 Management Services shall make the rules shall also required 19 pursuant to this paragraph in such a manner as to comply with 20 state and federal laws and regulations governing equal 21 opportunity employment. 22 (4) All policies and procedures adopted by the 23 department of Management Services regarding the Senior 24 Management Service shall comply with all federal regulations 25 necessary to permit the state agencies to be eligible to 26 receive federal funds. 27 (5) The department of Management Services shall adopt, 28 by rule, procedures for Senior Management Service employees 29 that require disclosure to the agency head of any application 30 for or offer of employment, gift, contractual relationship, or 31 financial interest with any individual, partnership, 39 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 association, corporation, utility, or other organization, 2 whether public or private, doing business with or subject to 3 regulation by the agency. 4 Section 26. Paragraph (a) of subsection (1) of section 5 110.403, Florida Statutes, is amended to read: 6 110.403 Powers and duties of the Department of 7 Management Services.-- 8 (1) In order to implement the purposes of this part, 9 the Department of Management Services, after approval by the 10 Administration Commission, shall adopt and amend rules 11 providing for: 12 (a) A system for employing, promoting, or reassigning 13 managers that is responsive to organizational or program 14 needs. In no event shall the number of positions included in 15 the Senior Management Service exceed 1.0 0.5 percent of the 16 total full-time equivalent positions in the career service. 17 The department shall deny approval to establish any position 18 within the Senior Management Service which would exceed the 19 limitation established in this paragraph. The department 20 shall report that the limitation has been reached to the 21 Governor, the President of the Senate, and the Speaker of the 22 House of Representatives, as soon as practicable after such 23 event occurs. Employees in the Senior Management Service shall 24 serve at the pleasure of the agency head and shall be subject 25 to suspension, dismissal, reduction in pay, demotion, 26 transfer, or other personnel action at the discretion of the 27 agency head. Such personnel actions are exempt from the 28 provisions of chapter 120. 29 Section 27. Section 110.601, Florida Statutes, is 30 amended to read: 31 110.601 Declaration of policy.--It is the purpose of 40 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 This part creates to create a system of personnel management 2 the purpose of which is to deliver which ensures to the state 3 the delivery of high-quality performance by those employees in 4 select exempt classifications by facilitating the state's 5 ability to attract and retain qualified personnel in these 6 positions, while also providing sufficient management 7 flexibility to ensure that the workforce is responsive to 8 agency needs. The Legislature recognizes that the public 9 interest is best served by developing and refining the 10 technical and managerial skills of its Selected Exempt Service 11 employees, and, to this end, technical training and management 12 development programs are regarded as a major administrative 13 function within agencies. 14 Section 28. Section 110.602, Florida Statutes, is 15 amended to read: 16 110.602 Selected Exempt Service; creation, 17 coverage.--The Selected Exempt Service is created as a 18 separate system of personnel administration for select exempt 19 positions. Such positions shall include, and shall be limited 20 to, those positions which are exempt from the Career Service 21 System pursuant to s. 110.205(2) and (5) and for which the 22 salaries and benefits are set by the department in accordance 23 with the rules of the Selected Exempt Service. The department 24 shall designate all positions included in the Selected Exempt 25 Service as either managerial/policymaking, professional, or 26 nonmanagerial/nonpolicymaking. In no event shall the number of 27 positions included in the Selected Exempt Service, excluding 28 those positions designated as professional or 29 nonmanagerial/nonpolicymaking, exceed 1.5 percent of the total 30 full-time equivalent positions in the career service. The 31 department shall deny approval to establish any position 41 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 within the Selected Exempt Service which would exceed the 2 limitation established in this section. The department shall 3 report that the limitation has been reached to the Governor, 4 the President of the Senate, and the Speaker of the House of 5 Representatives, as soon as practicable after such event 6 occurs. 7 Section 29. Subsection (1) of section 110.605, Florida 8 Statutes, is amended to read: 9 110.605 Powers and duties; personnel rules, records, 10 reports, and performance appraisal.-- 11 (1) The department shall adopt and administer uniform 12 personnel rules, records, and reports relating to employees 13 and positions in the Selected Exempt Service, as well as any 14 other rules and procedures relating to personnel 15 administration which are necessary to carry out the purposes 16 of this part. 17 (a) The department shall develop uniform forms and 18 instructions to be used in reporting transactions which 19 involve changes in an employee's salary, status, performance, 20 leave, fingerprint record, loyalty oath, payroll change, or 21 appointment action or any additional transactions as the 22 department may deem appropriate. 23 (b) It is the responsibility of the employing agency 24 to maintain these records and all other records and reports 25 prescribed in applicable rules on a current basis. 26 (b)(c) The department shall develop a uniform 27 performance appraisal system for employees and positions in 28 the Selected Exempt Service covered by a collective bargaining 29 agreement. Each employing agency shall develop a performance 30 appraisal system for all other employees and positions in the 31 Selected Exempt System. Such agency system shall take into 42 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 consideration individual and organizational efficiency, 2 productivity, and effectiveness. 3 (c)(d) The employing agency must maintain, on a 4 current basis, all records and reports required by applicable 5 rules. The department shall periodically audit employing 6 agency records to determine compliance with the provisions of 7 this part and the rules of the department. 8 (d)(e) The department shall develop a program of 9 affirmative and positive actions that will ensure full 10 utilization of women and minorities in Selected Exempt Service 11 positions. 12 Section 30. Paragraph (c) of subsection (2) of section 13 110.606, Florida Statutes, is amended to read: 14 110.606 Selected Exempt Service; data collection.-- 15 (2) The data required by this section shall include: 16 (c) In addition, as needed, the data shall include: 17 1. A pricing analysis based on a market survey of 18 positions comparable to those included in the Selected Exempt 19 Service and recommendations with respect to whether, and to 20 what extent, revisions to the salary ranges for the Selected 21 Exempt Service classifications should be implemented. 22 2. An analysis of actual salary levels for each 23 classification within the Selected Exempt Service, indicating 24 the mean salary for each classification within the Selected 25 Exempt Service and the deviation from such means with respect 26 to each agency's salary practice in each classification; 27 reviewing the duties and responsibilities in relation to the 28 incumbents' salary levels, credentials, skills, knowledge, and 29 abilities; and discussing whether the salary practices 30 reflected thereby indicate interagency salary inequities among 31 positions within the Selected Exempt Service. 43 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 Section 31. Subsection (2) of section 288.708, Florida 2 Statutes, is amended to read: 3 288.708 Executive director; employees.-- 4 (2) The executive director and all employees of the 5 board shall be exempt from the provisions of part II of 6 chapter 110, and the executive director shall be subject to 7 the provisions of part III IV of chapter 110. 8 Section 32. Paragraph (a) of subsection (3) of section 9 440.4416, Florida Statutes, is amended to read: 10 440.4416 Workers' Compensation Oversight Board.-- 11 (3) EXECUTIVE DIRECTOR; EXPENSES.-- 12 (a) The board shall appoint an executive director to 13 direct and supervise the administrative affairs and general 14 management of the board who shall be subject to the provisions 15 of part V IV of chapter 110. The executive director may employ 16 persons and obtain technical assistance as authorized by the 17 board and shall attend all meetings of the board. Board 18 employees shall be exempt from part II of chapter 110. 19 Section 33. Notwithstanding section 216.351, Florida 20 Statutes, paragraph (c) of subsection (1) of section 216.262, 21 Florida Statutes, is amended to read: 22 216.262 Authorized positions.-- 23 (1) 24 (c)1. The Executive Office of the Governor, under such 25 procedures and qualifications as it deems appropriate, shall, 26 upon agency request, delegate to any state agency authority to 27 add and delete authorized positions or transfer authorized 28 positions from one budget entity to another budget entity 29 within the same division, and may approve additions and 30 deletions of authorized positions or transfers of authorized 31 positions within the state agency when such changes would 44 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 enable the agency to administer more effectively its 2 authorized and approved programs. The additions or deletions 3 must be consistent with the intent of the approved operating 4 budget, must be consistent with legislative policy and intent, 5 and must not conflict with specific spending policies 6 specified in the General Appropriations Act. 7 2. The Chief Justice of the Supreme Court shall have 8 the authority to establish procedures for the judicial branch 9 to add and delete authorized positions or transfer authorized 10 positions from one budget entity to another budget entity, and 11 to add and delete authorized positions within the same budget 12 entity, when such changes are consistent with legislative 13 policy and intent and do not conflict with spending policies 14 specified in the General Appropriations Act. 15 3.a. A state agency may be eligible to retain salary 16 dollars for authorized positions eliminated after July 1, 17 2001. The agency must certify the eliminated positions to the 18 Legislative Budget Commission. 19 b. The Legislative Budget Commission shall authorize 20 the agency to retain between 5 and 25 percent of the salary 21 dollars associated with the eliminated positions. 22 Section 34. Section 447.001, Florida Statutes, is 23 amended to read: 24 447.201 Statement of policy.--It is declared that The 25 public policy of this the state, and the purpose of this part, 26 is to provide statutory implementation of s. 6, Art. I of the 27 State Constitution, with respect to public employees; to 28 promote harmonious and cooperative relationships between 29 government and its employees, both collectively and 30 individually; and to protect the public by assuring, at all 31 times, the orderly and uninterrupted operations and functions 45 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 of government. It is the intent of the Legislature that 2 Nothing herein shall be construed either to encourage or 3 discourage organization of public employees. This state's 4 public policy is These policies are best effectuated by: 5 (1) Granting to public employees the right of 6 organization and representation; 7 (2) Requiring the state, local governments, and other 8 political subdivisions to negotiate with bargaining agents 9 duly certified to represent public employees; 10 (3) Creating a Public Employees Relations Commission 11 to assist in resolving disputes between public employees and 12 public employers; and 13 (4) Recognizing the constitutional prohibition against 14 strikes by public employees and providing remedies for 15 violations of such prohibition. 16 Section 35. Effective July 1, 2001, subsections (1), 17 (3), and (4) of section 447.205, Florida Statutes, are amended 18 to read: 19 447.205 Public Employees Relations Commission.-- 20 (1) There is hereby created within the Department of 21 Labor and Employment Security The Public Employees Relations 22 Commission, hereinafter referred to as the "commission,." The 23 commission shall be composed of a chair and two full-time 24 members to be appointed by the Governor, subject to 25 confirmation by the Senate, from persons representative of the 26 public and known for their objective and independent judgment, 27 who shall not be employed by, or hold any commission with, any 28 governmental unit in the state or any employee organization, 29 as defined in this part, while in such office. In no event 30 shall more than one appointee be a person who, on account of 31 previous vocation, employment, or affiliation, is, or has 46 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 been, classified as a representative of employers; and in no 2 event shall more than one such appointee be a person who, on 3 account of previous vocation, employment, or affiliation, is, 4 or has been, classified as a representative of employees or 5 employee organizations. The commissioners shall devote full 6 time to commission duties and shall not engage in any other 7 business, vocation, or employment while in such office. 8 Beginning January 1, 1980, the chair shall be appointed for a 9 term of 4 years, one commissioner for a term of 1 year, and 10 one commissioner for a term of 2 years. Thereafter, every term 11 of office shall be for 4 years; and each term of the office of 12 chair shall commence on January 1 of the second year following 13 each regularly scheduled general election at which a Governor 14 is elected to a full term of office. In the event of a 15 vacancy prior to the expiration of a term of office, an 16 appointment shall be made for the unexpired term of that 17 office. The chair shall be responsible for the administrative 18 functions of the commission and shall have the authority to 19 employ such personnel as may be necessary to carry out the 20 provisions of this part. Once appointed to the office of 21 chair, the chair shall serve as chair for the duration of the 22 term of office of chair. Nothing contained herein prohibits a 23 chair or commissioner from serving multiple terms. 24 (3) The commission, in the performance of its powers 25 and duties under this part, shall not be subject to control, 26 supervision, or direction by the Department of Management 27 Services Labor and Employment Security. 28 (4) The property, personnel, and appropriations 29 related to the commission's specified authority, powers, 30 duties, and responsibilities shall be provided to the 31 commission by the Department of Management Services Labor and 47 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 Employment Security. 2 Section 36. Effective February 1, 2002, subsection (8) 3 of s. 447.207, Florida Statutes, is amended to read: 4 447.207 Commission; powers and duties.-- 5 (8) Pursuant to s. 447.208, The commission or its 6 designated agent shall hear appeals arising out of any 7 suspension, reduction in pay, transfer, layoff, demotion, or 8 dismissal of any permanent employee in the State Career 9 Service System in the manner provided in s. 110.227. Written 10 notice of any such appeal shall be filed with the commission 11 within 14 calendar days after the date on which the notice of 12 suspension, reduction in pay, transfer, layoff, demotion, or 13 dismissal is received by the employee. 14 Section 37. Effective February 1, 2002, section 15 447.208, Florida Statutes, is amended to read: 16 447.208 Procedure with respect to certain appeals 17 under s. 447.207.-- 18 (1) Any person filing an appeal pursuant to subsection 19 (8) or subsection (9) of s. 447.207 shall be entitled to a 20 hearing pursuant to subsections (4) and (5) of s. 447.503 and 21 in accordance with chapter 120; however, the hearing shall be 22 conducted within 30 days of the filing of an appeal with the 23 commission, unless an extension of time is granted by the 24 commission for good cause. Discovery may be granted only upon 25 a showing of extraordinary circumstances. A party requesting 26 discovery shall demonstrate a substantial need for the 27 information requested and an inability to obtain relevant 28 information by other means. To the extent that chapter 120 is 29 inconsistent with these provisions, the procedures contained 30 in this section shall govern. 31 (2) This section does not prohibit any person from 48 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 representing himself or herself in proceedings before the 2 commission or from being represented by legal counsel or by 3 any individual who qualifies as a representative pursuant to 4 rules promulgated and adopted by the commission. 5 (3) With respect to hearings relating to demotions, 6 suspensions, or dismissals pursuant to the provisions of this 7 section: 8 (a) Upon a finding that just cause existed for the 9 demotion, suspension, or dismissal, the commission shall 10 affirm the demotion, suspension, or dismissal. 11 (b) Upon a finding that just cause did not exist for 12 the demotion, suspension, or dismissal, the commission may 13 order the reinstatement of the employee, with or without back 14 pay. 15 (c) Upon a finding that just cause for disciplinary 16 action existed, but did not justify the severity of the action 17 taken, the commission may, in its limited discretion, reduce 18 the penalty. 19 (d) The commission is limited in its discretionary 20 reduction of dismissals and suspensions to consider only the 21 following circumstances: 22 1. The seriousness of the conduct as it relates to the 23 employee's duties and responsibilities. 24 2. Action taken with respect to similar conduct by 25 other employees. 26 3. The previous employment record and disciplinary 27 record of the employee. 28 4. Extraordinary circumstances beyond the employee's 29 control which temporarily diminished the employee's capacity 30 to effectively perform his or her duties or which 31 substantially contributed to the violation for which 49 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 punishment is being considered. 2 3 The agency may present evidence to refute the existence of 4 these circumstances. 5 (3)(e) Any order of the commission issued under this 6 section pursuant to this subsection may include back pay, if 7 applicable, and an amount, to be determined by the commission 8 and paid by the agency, for reasonable attorney's fees, 9 witness fees, and other out-of-pocket expenses incurred during 10 the prosecution of an appeal against an agency in which the 11 commission sustains the employee. In determining the amount of 12 an attorney's fee, the commission shall consider only the 13 number of hours reasonably spent on the appeal, comparing the 14 number of hours spent on similar cases Career Service System 15 appeals and the reasonable hourly rate charged in the 16 geographic area for similar appeals, but not including 17 litigation over the amount of the attorney's fee. This 18 paragraph applies to future and pending cases. 19 Section 38. Paragraph (a) of subsection (5) of 20 section 447.507, Florida Statutes, is amended to read: 21 447.507 Violation of strike prohibition; penalties.-- 22 (5) If the commission, after a hearing on notice 23 conducted according to rules promulgated by the commission, 24 determines that an employee has violated s. 447.505, it may 25 order the termination of his or her employment by the public 26 employer. Notwithstanding any other provision of law, a person 27 knowingly violating the provision of said section may, 28 subsequent to such violation, be appointed, reappointed, 29 employed, or reemployed as a public employee, but only upon 30 the following conditions: 31 (a) Such person shall be on probation for a period of 50 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 18 6 months following his or her appointment, reappointment, 2 employment, or reemployment, during which period he or she 3 shall serve without permanent status and at the pleasure of 4 the agency head tenure. During this period, the person may be 5 discharged only upon a showing of just cause. 6 Section 39. Subsection (13) is added to section 7 112.215, Florida Statutes, to read: 8 112.215 Government employees; deferred compensation 9 program.-- 10 (13) When permitted by federal law, the plan 11 administrator may provide for a pretax trustee-to-trustee 12 transfer of amounts in a participant's deferred compensation 13 account for the purchase of prior service credit in a 14 public-sector retirement system. 15 Section 40. Paragraph (d) of subsection (2) of section 16 125.0108, Florida Statutes, is repealed. 17 Section 41. Effective July 1, 2001, all powers, 18 duties, functions, rules, records, personnel, property, and 19 unexpended balances of appropriations, allocations, and other 20 funds of the Public Employees Relations Commission relating to 21 the commission's specified authority, powers, duties, and 22 responsibilities are transferred by a Type Two Transfer, as 23 defined in section 20.06(2), Florida Statutes, to the 24 Department of Management Services. The independence of the 25 commission in matters relating to the disposition of all 26 cases, including Career Service appeals, shall be preserved. 27 Section 42. The Department of Management Services 28 shall adopt rules as necessary to effectuate the provisions of 29 chapter 110, Florida Statutes, as created by this act, and in 30 accordance with the authority granted to the department in 31 chapter 110, Florida Statutes. All existing rules relating to 51 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 chapter 110, Florida Statutes, are statutorily repealed 2 February 1, 2002, unless otherwise readopted. 3 Section 43. The Department of Management Services 4 shall develop a performance agreement between the management 5 employees and their agency head that will specify the 6 performance measures and levels of performance expected. A 7 portion of the management employee's salary, at least 5 8 percent but not greater than 10 percent, shall be paid upon 9 achievement of the performance expectations. No bonus shall be 10 paid to any management employee on the basis of team 11 achievement unless it is equitably allocated among affected 12 line staff. 13 Section 44. Section 110.1315, Florida Statutes, is 14 created to read: 15 110.1315 Alternative benefits; other-personal-services 16 employees.--Upon review and recommendation of the department 17 and approval of the Governor, the department may contract for 18 the implementation of an alternative retirement income 19 security program for eligible temporary and seasonal employees 20 of the state who are compensated from appropriations for other 21 personal services. The contract may provide for a private 22 vendor or vendors to administer the program under a 23 defined-contribution plan under ss. 401(a) and 403(b) or 457 24 of the Internal Revenue Code, and the program must provide 25 retirement benefits as required under s. 3121(b)(7)(F) of the 26 Internal Revenue Code. The department may develop a request 27 for proposals and solicit qualified vendors to compete for the 28 award of the contract. A vendor shall be elected on the basis 29 of the plan that best serves the interest of the participating 30 employees and the state. The proposal must comply with all 31 necessary federal and state laws and rules. 52 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 Section 45. Subsections (1) and (2) of section 2 447.403, Florida Statutes, are amended, and subsection (5) is 3 added to that section, to read: 4 447.403 Resolution of impasses.-- 5 (1) If, after a reasonable period of negotiation 6 concerning the terms and conditions of employment to be 7 incorporated in a collective bargaining agreement, a dispute 8 exists between a public employer and a bargaining agent, an 9 impasse shall be deemed to have occurred when one of the 10 parties so declares in writing to the other party and to the 11 commission. When an impasse occurs, the public employer or the 12 bargaining agent, or both parties acting jointly, may appoint, 13 or secure the appointment of, a mediator to assist in the 14 resolution of the impasse. If the Governor is the public 15 employer no mediator shall be appointed. 16 (2)(a) If no mediator is appointed, or upon the 17 request of either party, the commission shall appoint, and 18 submit all unresolved issues to, a special master acceptable 19 to both parties. If the parties are unable to agree on the 20 appointment of a special master, the commission shall appoint, 21 in its discretion, a qualified special master. However, if 22 the parties agree in writing to waive the appointment of a 23 special master, the parties may proceed directly to resolution 24 of the impasse by the legislative body pursuant to paragraph 25 (4)(d). Nothing in this section precludes the parties from 26 using the services of a mediator at any time during the 27 conduct of collective bargaining. 28 (b) If the Governor is the public employer, no special 29 master shall be appointed. The parties may proceed directly to 30 the Legislature for resolution of the impasse pursuant to 31 paragraph (4)(d). 53 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 (5) Notwithstanding any other provision of this part, 2 an impasse shall be deemed to exist as to any unresolved 3 issues between the State of Florida and any bargaining agent 4 representing a state employee bargaining unit on the 90th day 5 prior to the date upon which the next regular legislative 6 session is scheduled to commence. 7 (a) Within 10 days after the beginning of the impasse 8 period, each party shall notify the President of the Senate 9 and the Speaker of the House of Representatives as to all 10 unresolved issues. Upon receipt of the notification, the 11 presiding officers shall appoint within 5 days a joint select 12 committee to review the position of the parties and render a 13 recommended resolution of all issues remaining at impasse. The 14 recommended resolution shall be returned by the joint select 15 committee to the presiding officers not later than 20 days 16 prior to the date upon which the legislative session is 17 scheduled to commence. During the legislative session, the 18 legislature shall take action in accordance with this section. 19 (b) From the time of the appointment of the joint 20 select committee until the submission of its recommendation, 21 no public employer or bargaining agent shall attempt to 22 influence the deliberations of the members of the joint select 23 committee; however, this paragraph does not prohibit the 24 submission of testimony or materials in direct response to a 25 request made by the joint select committee of the parties at 26 impasse, and does not prohibit either party from directly 27 addressing impasse issues with any other legislator before or 28 after the select committee has made its recommendation. 29 (c) Any actions taken by the Legislature shall bind 30 the parties in accordance with paragraph (4)(c). 31 Section 46. Notwithstanding section 216.351,Florida 54 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 Statutes, subsection (6) of section 216.163, Florida Statutes, 2 is amended to read: 3 216.163 Governor's recommended budget; form and 4 content; declaration of collective bargaining impasses.-- 5 (6) At the time the Governor is required to furnish 6 copies of his or her recommended budget to each senator and 7 representative under s. 216.162(1), the Governor shall declare 8 an impasse in all collective bargaining negotiations for which 9 he or she is deemed to be the public employer and for which a 10 collective bargaining agreement has not been executed. Within 11 14 days thereafter, the Governor shall furnish the legislative 12 appropriations committees with documentation relating to the 13 last offer he or she made during such collective bargaining 14 negotiations or recommended to a mediator or special master 15 appointed to resolve the impasse. 16 Section 47. Career Service Advisory Board.-- 17 (1) There is created the Career Service Advisory 18 Board. The board shall be composed of the following members, 19 each of whom has knowledge of, or experience with, human 20 resource management and operations: 21 (a) One member selected by the Governor. 22 (b) One member selected by the President of the 23 Senate. 24 (c) One member selected by the Speaker of the House of 25 Representatives. 26 (d) Two members, appointed by the legislative and 27 gubernatorial appointees, by unanimous consent. 28 (e) The original appointments to the board shall be 29 made on or before July 1, 2001. Vacancies in the membership of 30 the board shall be filled in the same manner as the original 31 appointments to the extent possible. The board members shall 55 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 be human resource officials of Florida-domiciled corporations 2 with a salaried workforce of at least 50,000 company-wide. The 3 board shall have an organizational meeting on or before July 4 15, 2001, in Tallahassee. 5 (f) Each member is accountable to the appointing 6 authority for proper performance of his or her duties as a 7 member of the board and may be removed from office for 8 malfeasance, misfeasance, neglect of duty, drunkenness, 9 incompetence, permanent inability to perform official duties, 10 or for pleading guilty or nolo contendere to, or having been 11 adjudicated guilty of, a first degree misdemeanor or a felony. 12 (g) A vacancy shall occur upon failure of a member to 13 attend four consecutive meetings of the board or 50 percent of 14 the meetings of the board during a 6 month period, unless the 15 board by majority votes to excuse the absence of such member. 16 (2)(a) Powers and duties of the board include, but are 17 not limited to:-- 18 1. Reporting to the Legislature as to the 19 implementation of a revised Career Service System for state 20 employees with specific recommendations relating to the 21 reclassification of selected exempt positions pursuant to s. 22 110.205, Florida Statutes, and the appropriate size of the 23 managerial and supervisory workforce. 24 2. Identifying legal barriers to civil service reform. 25 3. Making recommendations on the fair and equitable 26 treatment of public employees and the use of sound business 27 practices. 28 4. Recommending best management practices and 29 performance measures. 30 (b) The board may review proposed agency rules, advise 31 and appear before the Legislature in connection with 56 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 legislation that impacts the state civil service system, 2 advise on policy, administrative and legislative issues, and 3 appear before other state or federal agencies in connection 4 with matters impacting the civil service system. 5 (c) The board shall select a chair who shall be the 6 chief administrative officer of the board and shall have the 7 authority to plan, direct, coordinate, and execute the powers 8 and duties of the board. 9 (d) The board shall hold such meetings during the year 10 as it deems necessary, except that the chair, a quorum of the 11 board, or the division may call meetings. The board shall 12 maintain a record of each meeting. Such transcripts shall be 13 available to any interested person in accordance with chapter 14 119. 15 Section 48. Alternative benefits; tax-sheltered 16 annual-leave, sick-leave payments, and special compensation 17 payments.-- 18 (1) The Department of Management Services has 19 authority to adopt tax-sheltered plans under section 401(a) of 20 the Internal Revenue Code for state employees who are eligible 21 for payment for accumulated leave. The department and the 22 Board of Regents, upon adoption of the plans, shall contract 23 for a private vendor or vendors to administer the plans. The 24 plans must provide benefits in a manner that minimizes the tax 25 liability of the state and participants. The plans must be 26 funded by employer contributions of payments for accumulated 27 leave or special compensation payments, or both, as specified 28 by the department and the Board of Regents. The plans must 29 have received all necessary federal and state approval as 30 required by law, must not adversely impact the qualified 31 status of the Florida Retirement System defined benefit or 57 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 defined contribution plans or the pretax benefits program, and 2 must comply with the provisions of section 112.65, Florida 3 Statutes. Adoption of the plan is contingent on: (a) the 4 department receiving favorable determination letters and 5 favorable private rulings from the Internal Revenue Service, 6 (b) the department negotiating under the provisions of chapter 7 447, Florida Statutes, where applicable; and (c) the 8 Comptroller making appropriate changes to the state payroll 9 system. The department's request for proposals by vendors for 10 such plans may require that the vendors provide market-risk or 11 volatility ratings from recognized rating agencies for each of 12 their investment products. The department and the Board of 13 Regents shall provide for a system of continuous 14 quality-assurance oversight to ensure that the program 15 objectives are achieved and that the program is prudently 16 managed. 17 (2) Within 30 days after termination of employment, an 18 employee may elect to withdraw the moneys without penalty by 19 the plan administrator. If any employee is adversely affected 20 financially by a plan, the plan shall include a provision 21 which will provide the employee with no less cash than if the 22 employee had not participated in the plan. 23 (3) These contracts may be used by any other pay plans 24 or personnel systems in the executive, legislative, or 25 judicial branches of government upon approval of the 26 appropriate administrative authority. 27 (4) Notwithstanding the terminal-pay provisions of 28 section 110.122, Florida Statutes, the department and the 29 Board of Regents shall contract for a tax-sheltered plan for 30 leave and special compensation pay for employees terminating 31 over age 55 with 10 years of service and for employees 58 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 participating in the Deferred Retirement Option Program by 2 July 1, 2001. The frequency of payments into the plan shall be 3 determined by the department or as provided in the General 4 Appropriations Act. This plan or plans shall provide the 5 greatest tax benefits to the employees and maximize the 6 savings to the state. 7 (5) The department and the Board of Regents shall 8 determine by rule the design of the plans and the eligibility 9 of participants. 10 (6) Nothing in this act shall be construed to remove 11 plan participants from the scope of section 110.122(5), 12 Florida Statutes. 13 Section 49. Except as otherwise expressly provided in 14 this act, this act shall take effect upon becoming a law. 15 16 17 ================ T I T L E A M E N D M E N T =============== 18 And the title is amended as follows: 19 Delete everything before the enacting clause 20 21 and insert: 22 A bill to be entitled 23 An act relating to public employment; amending 24 s. 20.23, F.S.; eliminating provisions 25 requiring that the inspector general position 26 in the Department of Transportation be within 27 the Career Service System; repealing ss. 28 110.108, 110.109, F.S., relating to personnel 29 pilot projects, productivity improvement, and 30 personnel audits of executive branch agencies; 31 amending s. 110.1091, F.S.; providing 59 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 requirements for a program to assist state 2 employees; repealing s. 110.1095, F.S., 3 relating to supervisory and management training 4 and continuing education for executive branch 5 agencies; amending s. 110.1099, F.S.; providing 6 for state employees to receive vouchers or 7 grants to attend public educational 8 institutions under specified circumstances; 9 requiring the Department of Management Services 10 to adopt rules; conforming language; amending 11 s. 110.1127, F.S.; providing for security 12 background checks for certain state employee 13 positions; amending s. 110.113, F.S.; requiring 14 all state employees except those who receive an 15 exemption to participate in the direct deposit 16 program; amending s. 110.1245, F.S.; providing 17 for a savings-sharing program for employees 18 whose proposals result in savings; providing 19 for bonus payments; eliminating the meritorious 20 service awards program; requiring that such 21 bonuses be paid from funds authorized by the 22 Legislature; repealing s. 110.1246, F.S., 23 relating to lump-sum bonus payments; amending 24 s. 110.129, F.S.; authorizing the Department of 25 Management Services to furnish technical 26 assistance to improve personnel administration 27 for municipalities or other political 28 subdivisions; amending s. 110.131, F.S.; 29 requiring approval by the Executive Office of 30 the Governor for an extension in hours of 31 other-personal-services temporary employment; 60 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 providing certain exceptions; amending s. 2 110.203, F.S.; revising definitions; including 3 the outsourcing and privatization of an 4 activity or function within the definition of 5 the term "layoff"; defining the term 6 "firefighter" and "law enforcement or 7 correctional officer"; creating s. 110.2035, 8 F.S.; requiring the Department of Management 9 Services to develop a classification and 10 compensation program for certain employees; 11 providing requirements for the program; 12 requiring that the department submit a proposed 13 plan to the Governor and the Legislature; 14 requiring the department to adopt rules; 15 amending s. 110.205, F.S.; providing for 16 managerial employees and certain employees 17 under a collective bargaining agreement to be 18 exempt from the Career Service System; 19 providing for carrying leave forward; amending 20 s. 110.211, F.S.; authorizing the Department of 21 Management Services to contract for recruitment 22 services; amending s. 110.213, F.S.; requiring 23 a probationary period for new employees; 24 revising requirements for agency heads in 25 selecting employees; providing certain 26 restrictions for leave benefits for Senior 27 Management Service employees; providing for 28 annual payouts for a specified amount of unused 29 annual leave for career service employees; 30 amending s. 110.219, F.S.; revising provisions 31 governing attendance and leave; providing for a 61 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 year-end cash-out of annual leave by specified 2 employees under specified circumstances; 3 amending s. 110.224, F.S.; providing for a 4 public employee performance evaluation system; 5 providing requirements for the system; 6 authorizing the department to adopt rules; 7 amending s. 110.227, F.S.; prohibiting 8 "bumping"; providing certain exceptions; 9 prescribing layoff procedures; amending the 10 definition of cause for suspensions or 11 dismissals; establishing grievance procedures; 12 providing procedures for suspensions, 13 reductions in pay, demotions, and dismissals; 14 providing for appeals to the Public Employees 15 Relations Commission; providing for hearings 16 and final orders by the Public Employees 17 Relations Commission; amending s. 110.233, 18 F.S.; prohibiting certain political activity by 19 a career service employee; amending s. 110.235, 20 F.S.; requiring state agencies to implement 21 training programs; amending s. 110.401, F.S.; 22 providing for training and 23 management-development programs for 24 senior-level management; amending s. 110.403, 25 F.S.; requiring the department to administer a 26 professional development program; increasing 27 the percentage of authorized positions within 28 the Senior Management Service; amending s. 29 110.601, F.S.; providing for a system of 30 personnel management; amending s. 110.602, 31 F.S.; eliminating a limitation on the 62 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 percentage of authorized positions within the 2 Selected Exempt Service; amending s. 110.605, 3 F.S.; providing for personnel rules, records, 4 reports, and performance appraisals; amending 5 s. 110.606, F.S.; requiring the department to 6 collect certain data with respect to 7 classifications with the Selected Exempt 8 Service; amending ss. 288.708 and 440.4416, 9 F.S.; providing for the executive director of 10 the Florida Black Business Investment Board and 11 the members of the Workers' Compensation 12 Oversight Board to be subject to the Senior 13 Management Service System; amending s. 216.262, 14 F.S.; providing for the Legislative Budget 15 Commission to authorize a state agency to 16 retain moneys associated with eliminated 17 positions under certain circumstances; amending 18 s. 447.201, F.S.; providing public policy with 19 respect to public employees; amending s. 20 447.205, F.S.; removing reference to the 21 Department of Labor and Employment Security; 22 conforming language; amending s. 447.207, F.S.; 23 revising authority of the commission to hear 24 certain appeals; conforming provisions to 25 changes made by the act; amending s. 447.208, 26 F.S.; conforming language; amending procedures 27 for specified appeals; amending s. 447.507, 28 F.S.; revising requirements for the probation 29 served by certain public employees; amending s. 30 112.215, F.S.; authorizing certain pretax, 31 trustee-to-trustee transfer of deferred 63 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 compensation accounts; repealing s. 2 125.0108(2)(d), F.S., relating to the former 3 Career Service Commission; transferring the 4 Public Employees Relations Commission from the 5 Department of Labor and Employment Security to 6 the Department of Management Services; 7 transferring powers, duties, functions, rules, 8 records, personnel, property, and unexpended 9 balances; providing for the commission's 10 independence under specified circumstances; 11 requiring the Department of Management Services 12 to adopt rules; requiring that the department 13 develop a performance agreement between 14 management employees and agency heads; creating 15 s. 110.1315, F.S.; authorizing the department 16 to contract for an alternative retirement 17 program for temporary and seasonal employees; 18 providing requirements for selecting a vendor; 19 amending s. 447.403, F.S.; revising 20 requirements for resolving an impasse in 21 collective bargaining negotiations; prohibiting 22 the appointment of a mediator if the Governor 23 is the employer; providing a procedure for 24 resolving such impasse; amending s. 216.163, 25 F.S., relating to an impasse in collective 26 bargaining negotiations; conforming provisions 27 to changes made by the act; creating a Career 28 Service Advisory Board; providing for selection 29 of members; providing powers and duties; 30 authorizing the Governor to develop a 31 tax-sheltered plan for leave and special 64 1:15 PM 05/01/01 s0466.go39.hd
SENATE AMENDMENT Bill No. CS for SB 466 Amendment No. ___ Barcode 755104 1 compensation pay for specified employees; 2 providing effective dates. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 65 1:15 PM 05/01/01 s0466.go39.hd