Senate Bill sb0466c1

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    Florida Senate - 2001                            CS for SB 466

    By the Committee on Governmental Oversight and Productivity;
    and Senator Garcia




    302-1819A-01

  1                      A bill to be entitled

  2         An act relating to public employment; amending

  3         s. 20.23, F.S.; eliminating provisions

  4         requiring that the inspector general position

  5         in the Department of Transportation be within

  6         the Career Service System; repealing ss.

  7         110.108, 110.109, F.S., relating to personnel

  8         pilot projects, productivity improvement, and

  9         personnel audits of executive branch agencies;

10         amending s. 110.1091, F.S.; providing

11         requirements for a program to assist state

12         employees; repealing s. 110.1095, F.S.,

13         relating to supervisory and management training

14         and continuing education for executive branch

15         agencies; amending s. 110.1099, F.S.; providing

16         for state employees to receive vouchers or

17         waivers to attend community colleges under

18         specified circumstances; requiring the

19         Department of Management Services to adopt

20         rules; amending s. 110.1127, F.S.; providing

21         for security background checks for certain

22         state employee positions; amending s. 110.113,

23         F.S.; requiring all state employees except

24         those who receive an exemption to participate

25         in the direct deposit program; amending s.

26         110.1245, F.S.; providing for a savings-sharing

27         program for employees whose proposals result in

28         savings; providing for bonus payments;

29         eliminating the meritorious service awards

30         program; requiring that such bonuses be paid

31         from funds authorized by the Legislature;

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  1         repealing s. 110.1246, F.S., relating to

  2         lump-sum bonus payments; amending s. 110.129,

  3         F.S.; authorizing the Department of Management

  4         Services to furnish technical assistance to

  5         improve personnel administration for

  6         municipalities or other political subdivisions;

  7         amending s. 110.131, F.S.; requiring approval

  8         by the Executive Office of the Governor for an

  9         extension in hours of other-personal-services

10         temporary employment; providing certain

11         exceptions; amending s. 110.203, F.S.; revising

12         definitions; including the outsourcing and

13         privatization of an activity or function within

14         the definition of the term "layoff"; defining

15         the term "firefighter" and "law enforcement or

16         correctional officer"; creating s. 110.2035,

17         F.S.; requiring the Department of Management

18         Services to develop a classification and

19         compensation program for certain employees;

20         providing requirements for the program;

21         requiring that the department submit a proposed

22         plan to the Governor and the Legislature;

23         requiring the department to adopt rules;

24         amending s. 110.205, F.S.; providing for

25         managerial employees and certain employees

26         under a collective bargaining agreement to be

27         exempt from the Career Service System;

28         providing for carrying leave forward; repealing

29         ss. 110.207, 110.209, F.S., relating to the

30         career service classification plan and pay

31         plan; amending s. 110.211, F.S.; authorizing

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  1         the Department of Management Services to

  2         contract for recruitment services; amending s.

  3         110.213, F.S.; requiring a probationary period

  4         for new employees; revising requirements for

  5         agency heads in selecting employees; providing

  6         certain restrictions for leave benefits for

  7         Senior Management Service employees; providing

  8         for annual payouts for a specified amount of

  9         unused annual leave for career service

10         employees; amending s. 110.219, F.S.; revising

11         provisions governing attendance and leave;

12         providing for a year-end cash-out of annual

13         leave by specified employees under specified

14         circumstances; amending s. 110.224, F.S.;

15         providing for a public employee performance

16         evaluation system; providing requirements for

17         the system; authorizing the department to adopt

18         rules; amending s. 110.227, F.S.; authorizing

19         suspension or dismissal of employees who have

20         permanent status for reasonable cause; defining

21         the term "reasonable cause"; providing certain

22         exceptions; establishing grievance procedures;

23         providing for hearings and final orders by the

24         Public Employees Relations Commission; amending

25         s. 110.233, F.S.; prohibiting certain political

26         activity by a career service employee; amending

27         s. 110.235, F.S.; requiring state agencies to

28         implement training programs; amending s.

29         110.401, F.S.; providing for training and

30         management-development programs for

31         senior-level management; amending s. 110.403,

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  1         F.S.; requiring the department to administer a

  2         professional development program; increasing

  3         the percentage of authorized positions within

  4         the Senior Management Service; amending s.

  5         110.601, F.S.; providing for a system of

  6         personnel management; amending s. 110.602,

  7         F.S.; eliminating a limitation on the

  8         percentage of authorized positions within the

  9         Selected Exempt Service; amending s. 110.605,

10         F.S.; providing for personnel rules, records,

11         reports, and performance appraisals; amending

12         s. 110.606, F.S.; requiring the department to

13         collect certain data with respect to

14         classifications with the Selected Exempt

15         Service; amending ss. 288.708, 440.4416, F.S.;

16         providing for the executive director of the

17         Florida Black Business Investment Board and the

18         members of the Workers' Compensation Oversight

19         Board to be subject to the Senior Management

20         Service System; amending s. 509.036, F.S.;

21         revising the standard under which an inspector

22         of public food service establishments may be

23         suspended or dismissed; amending s. 216.262,

24         F.S.; providing for the Legislative Budget

25         Commission to authorize a state agency to

26         retain moneys associated with eliminated

27         positions under certain circumstances; amending

28         s. 447.201, F.S.; providing public policy with

29         respect to public employees; amending s.

30         447.205, F.S.; providing that the Public

31         Employees Relations Commission is not subject

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  1         to the control of the Department of Management

  2         Services; amending s. 447.207, F.S.; revising

  3         authority of the commission to hear certain

  4         appeals; conforming provisions to changes made

  5         by the act; amending s. 447.503, F.S.; revising

  6         the standard for reinstating an employee who is

  7         suspended or discharged; amending s. 447.507,

  8         F.S.; revising requirements for the probation

  9         served by a public employee; amending s.

10         112.215, F.S.; authorizing certain pretax,

11         trustee-to-trustee transfer of deferred

12         compensation accounts; repealing s.

13         125.0108(2)(d), F.S., relating to the former

14         Career Service Commission; repealing ss.

15         944.35(3)(c), 985.4045(1)(b), F.S., relating to

16         cause for dismissal from employment by the

17         Department of Corrections or the Department of

18         Juvenile Justice; transferring the Public

19         Employees Relations Commission from the

20         Department of Labor and Employment Security to

21         the Department of Management Services;

22         transferring records, personnel, property,

23         balances of appropriations, and other funds;

24         requiring the Department of Management Services

25         to adopt rules; requiring that the department

26         develop a performance agreement between

27         management employees and agency heads; creating

28         s. 110.1315, F.S.; authorizing the department

29         to contract for an alternative retirement

30         program for temporary and seasonal employees;

31         providing requirements for selecting a vendor;

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  1         amending s. 447.403, F.S.; revising

  2         requirements for resolving an impasse in

  3         collective bargaining negotiations; prohibiting

  4         the appointment of a mediator if the Governor

  5         is the employer; providing a procedure for

  6         resolving such impasse; amending s. 216.163,

  7         F.S., relating to an impasse in collective

  8         bargaining negotiations; conforming provisions

  9         to changes made by the act; providing effective

10         dates.

11

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

13

14         Section 1.  Paragraph (h) of subsection (3) of section

15  20.23, F.S., is amended to read:

16         20.23  Department of Transportation.--There is created

17  a Department of Transportation which shall be a decentralized

18  agency.

19         (3)

20         (h)1.  The secretary shall appoint an inspector general

21  pursuant to s. 20.055. To comply with recommended professional

22  auditing standards related to independence and objectivity,

23  the inspector general shall be appointed to a position within

24  the Career Service System and may be removed by the secretary

25  with the concurrence of the Transportation Commission.  In

26  order to attract and retain an individual who has the proven

27  technical and administrative skills necessary to comply with

28  the requirements of this section, the agency head may appoint

29  the inspector general to a classification level within the

30  Career Service System that is equivalent to that provided for

31  in part III of chapter 110. The inspector general may be

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  1  organizationally located within another unit of the department

  2  for administrative purposes, but shall function independently

  3  and be directly responsible to the secretary pursuant to s.

  4  20.055. The duties of the inspector general shall include, but

  5  are not restricted to, reviewing, evaluating, and reporting on

  6  the policies, plans, procedures, and accounting, financial,

  7  and other operations of the department and recommending

  8  changes for the improvement thereof, as well as performing

  9  audits of contracts and agreements between the department and

10  private entities or other governmental entities. The inspector

11  general shall give priority to reviewing major parts of the

12  department's accounting system and central office monitoring

13  function to determine whether such systems effectively ensure

14  accountability and compliance with all laws, rules, policies,

15  and procedures applicable to the operation of the department.

16  The inspector general shall also give priority to assessing

17  the department's management information systems as required by

18  s. 282.318.  The internal audit function shall use the

19  necessary expertise, in particular, engineering, financial,

20  and property appraising expertise, to independently evaluate

21  the technical aspects of the department's operations.  The

22  inspector general shall have access at all times to any

23  personnel, records, data, or other information of the

24  department and shall determine the methods and procedures

25  necessary to carry out his or her duties. The inspector

26  general is responsible for audits of departmental operations

27  and for audits of consultant contracts and agreements, and

28  such audits shall be conducted in accordance with generally

29  accepted governmental auditing standards.  The inspector

30  general shall annually perform a sufficient number of audits

31  to determine the efficiency and effectiveness, as well as

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  1  verify the accuracy of estimates and charges, of contracts

  2  executed by the department with private entities and other

  3  governmental entities.  The inspector general has the sole

  4  responsibility for the contents of his or her reports, and a

  5  copy of each report containing his or her findings and

  6  recommendations shall be furnished directly to the secretary

  7  and the commission.

  8         2.  In addition to the authority and responsibilities

  9  herein provided, the inspector general is required to report

10  to the:

11         a.  Secretary whenever the inspector general makes a

12  preliminary determination that particularly serious or

13  flagrant problems, abuses, or deficiencies relating to the

14  administration of programs and operations of the department

15  have occurred. The secretary shall review and assess the

16  correctness of the preliminary determination by the inspector

17  general. If the preliminary determination is substantiated,

18  the secretary shall submit such report to the appropriate

19  committees of the Legislature within 7 calendar days, together

20  with a report by the secretary containing any comments deemed

21  appropriate.  Nothing in this section shall be construed to

22  authorize the public disclosure of information which is

23  specifically prohibited from disclosure by any other provision

24  of law.

25         b.  Transportation Commission and the Legislature any

26  actions by the secretary that prohibit the inspector general

27  from initiating, carrying out, or completing any audit after

28  the inspector general has decided to initiate, carry out, or

29  complete such audit.  The secretary shall, within 30 days

30  after transmission of the report, set forth in a statement to

31

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  1  the Transportation Commission and the Legislature the reasons

  2  for his or her actions.

  3         Section 2.  Sections 110.108 and 110.109, Florida

  4  Statutes, are repealed:

  5         Section 3.  Section 110.1091, Florida Statutes, is

  6  amended to read:

  7         110.1091  Program for assisting state employees;

  8  confidentiality.--An Each employing state agency may provide a

  9  program to assist any of its state employees employee who have

10  has a behavioral or medical disorder, substance abuse problem,

11  or emotional difficulty that which affects their the

12  employee's job performance, through referral for counseling,

13  therapy, or other professional treatment. Each employing state

14  agency may designate community diagnostic and referral

15  resources as necessary to implement the provisions of this

16  section.  Any communication between a state employee and

17  personnel or service providers of a state employee assistance

18  program relative to the employee's participation in the

19  program shall be a confidential communication. Any routine

20  monitoring of telephone calls by the state agency does not

21  violate this provision. All records relative to that

22  participation shall be confidential and exempt from the

23  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

24  Constitution. This section is subject to the Open Government

25  Sunset Review Act of 1995 in accordance with s. 119.15, and

26  shall stand repealed on October 2, 2003, unless reviewed and

27  saved from repeal through reenactment by the Legislature.

28         Section 4.  Section 110.1095, Florida Statutes, is

29  repealed.

30         Section 5.  Section 110.1099, Florida Statutes, is

31  amended to read:

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  1         110.1099  Education and training opportunities for

  2  state employees.--

  3         (1)  Education and training are an integral component

  4  in improving the delivery of services to the public.

  5  Recognizing that the application of productivity-enhancing

  6  technology and practice demands demand continuous educational

  7  and training opportunities, a state employee employees may be

  8  authorized to receive a fundable tuition waiver waivers on a

  9  space-available basis or a voucher vouchers to attend

10  work-related courses at a public community college or

11  university universities. Student credit hours generated by

12  state employee fee waivers shall be fundable credit hours.

13         (2)  The department, in conjunction with the agencies,

14  shall request that public universities such institutions

15  provide evening and weekend programs for state employees. When

16  evening and weekend training and educational programs are not

17  available, an employee employees may be authorized to take

18  paid time off during his or her their regular working hours

19  for training and career development, as provided in s.

20  110.105(1), if such training benefits the employer as

21  determined by that employee's agency head.

22         (3)  An employee Employees who exhibits exhibit

23  superior aptitude and performance may be authorized by that

24  employee's agency head to take a paid educational leave leaves

25  of absence for up to 1 academic year at a time, for specific

26  approved work-related education and training. That employee

27         (4)  Such employees must enter into a contract

28  contracts to return to state employment for a period of time

29  equal to the length of the leave of absence or refund salary

30  and benefits paid during his or her their educational leave

31  leaves of absence.

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  1         (5)  The Department of Management Services, in

  2  consultation with the agencies and, to the extent applicable,

  3  Florida's public postsecondary educational institutions, shall

  4  adopt rules to implement and administer this section.

  5         (4)(6)  As a precondition to approving an employee's

  6  training request, an agency or the judicial branch may require

  7  an employee to enter into an agreement that requires the

  8  employee to reimburse the agency or judicial branch for the

  9  registration fee or similar expense for any training or

10  training series when the cost of the fee or similar expense

11  exceeds $1,000 if the employee voluntarily terminates

12  employment or is discharged for reasonable cause from the

13  agency or judicial branch within a specified period of time

14  not to exceed exceeding 4 years after the conclusion of the

15  training. This subsection does not apply to any training

16  program that an agency or the judicial branch requires an the

17  employee to attend. An agency or the judicial branch may pay

18  the outstanding balance then due and owing on behalf of a

19  state employee under this subsection in connection with

20  recruitment and hiring of such state employee.

21         (5)  The Department of Management Services, in

22  consultation with the agencies and, to the extent applicable,

23  with Florida's public community colleges and universities,

24  shall adopt rules to administer this section.

25         Section 6.  Subsection (1) of section 110.1127, Florida

26  Statutes, is amended to read:

27         110.1127  Employee security checks.--

28         (1)  Each employing agency shall designate those

29  employee such of its positions that of state employment which,

30  because of the special trust or responsibility or sensitive

31  location of those such positions, require that persons

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  1  occupying those such positions be subject to a security

  2  background check, including fingerprinting, as a condition of

  3  employment.

  4         Section 7.  Effective January 1, 2002, subsection (2)

  5  of section 110.113, Florida Statutes, is amended to read:

  6         110.113  Pay periods for state officers and employees;

  7  salary payments by direct deposit.--

  8         (2)  As a condition of employment, a person appointed

  9  to a position in state government on or after July 1, 1996, is

10  required to participate in the direct deposit program pursuant

11  to s. 17.076.  This subsection does not apply to persons who

12  are in the employment of the state on July 1, 1996, and

13  subsequently receive promotion appointments, transfers, or

14  other changes in positions within the same personnel system

15  after July 1, 1996. An employee may request an exemption from

16  the provisions of this subsection when such employee can

17  demonstrate a hardship or when such employee is in an

18  other-personal-services position.

19         Section 8.  Section 110.1245, Florida Statutes, is

20  amended to read:

21         110.1245  Savings-sharing program; bonus payments;

22  other awards.--Meritorious service awards program.--

23         (1)(a)  The Department of Management Services shall

24  adopt rules that prescribe set policy, develop procedures, and

25  promote a savings-sharing program for an individual or group

26  of employees who propose procedures or ideas that are adopted

27  and that result in eliminating or reducing state expenditures,

28  if such proposals are placed in effect and may be implemented

29  under current statutory authority. of meritorious service

30  awards, incentives, and recognition to employees who:

31

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  1         (a)  Propose procedures or ideas which are adopted and

  2  which will result in increasing productivity, in eliminating

  3  or reducing state expenditures or improving operations, or in

  4  generating additional revenues, provided such proposals are

  5  placed in effect and can be implemented under current

  6  statutory authority; or

  7         (b)  Each agency head shall recommend employees

  8  individually or by group to be awarded an amount of money,

  9  which amount shall be directly related to the cost savings

10  realized. Each proposed award and amount of money must be

11  approved by the Legislative Budgeting Commission. By their

12  superior accomplishments, make exceptional contributions to

13  the efficiency, economy, or other improvement in the

14  operations of the state government.

15

16  (c)  Each Every state agency, unless otherwise provided by

17  law, may shall participate in the program.  The Chief Justice

18  shall have the authority to establish a savings-sharing

19  meritorious service awards program for employees of the

20  judicial branch within the parameters established in this

21  section.  The component of the program specified in paragraph

22  (a) shall apply to all employees within the Career Service

23  System, the Selected Exempt Service System, and comparable

24  employees within the judicial branch.  The component of the

25  program specified in paragraph (b) shall apply to all

26  employees of the state.  No award granted under the component

27  of the program described in paragraph (a) shall exceed 10

28  percent of the first year's actual savings or actual revenue

29  increase, up to $25,000, plus applicable taxes, unless a

30  larger award is made by the Legislature, and shall be paid

31  from the appropriation available to the judicial branch or

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  1  state agency affected by the award or from any specific

  2  appropriation therefor.  No award granted under the component

  3  of the program described in paragraph (b) shall exceed $1,000

  4  plus applicable taxes per individual employee. The judicial

  5  branch or an agency may award savings bonds or other items in

  6  lieu of cash awards, provided that the cost of such item does

  7  not exceed the limits specified in this subsection.  In

  8  addition, the judicial branch or a state agency may award

  9  certificates, pins, plaques, letters of commendation, and

10  other tokens of recognition of meritorious service to an

11  employee eligible for recognition under either component of

12  the program, provided that the award may not cost in excess of

13  $100 each plus applicable taxes.

14         (d)(2)  The department and the judicial branch shall

15  submit annually to the President of the Senate and the Speaker

16  of the House of Representatives information that outlines each

17  agency's level of participation in the savings-sharing

18  meritorious service awards program.  The information shall

19  must include, but is not limited to:

20         1.(a)  The number of proposals made.

21         2.(b)  The number of dollars and awards made to

22  employees or groups for adopted proposals.

23         3.(c)  The actual cost savings realized as a result of

24  implementing employee or group proposals.

25         4.  The number of employees or groups recognized for

26  superior accomplishments.

27         (d)  Total expenditures incurred by the agency for

28  providing awards to employees for adopted proposals.

29         (e)  The number of employees recognized for superior

30  accomplishments.

31

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  1         (f)  The number of employees recognized for

  2  satisfactory service to the state.

  3         (2)  In June of each year, bonuses shall be paid to

  4  employees from funds authorized by the Legislature in an

  5  appropriation specifically for bonuses and taken from unused

  6  salary and expense dollars. Each agency shall develop a plan

  7  for awarding lump-sum bonuses, which plan shall be submitted

  8  no later than September 15 of each year and approved by the

  9  Office of Policy and Budget in the Executive Office of the

10  Governor. Such plan shall include, at a minimum, but is not

11  limited to:

12         (a)  A statement that bonuses shall be awarded from

13  unused salary and expense dollars.

14         (b)  A statement that all bonuses are subject to

15  appropriation by the Legislature.

16         (c)  Eligibility criteria as follows:

17         1.  The employee must have been employed prior to July

18  1 of that fiscal year and have been continuously employed

19  through the date of distribution.

20         2.  The employee must not have been on leave without

21  pay consecutively for more than 6 months during the fiscal

22  year.

23         3.  The employee must have had no disciplinary action

24  during the period beginning July 1 through the date the bonus

25  checks are distributed. Disciplinary actions include written

26  reprimands, suspensions, dismissals, and involuntary or

27  voluntary demotions that were associated with a disciplinary

28  action.

29         4.  The employee must have demonstrated a commitment to

30  the agency mission by reducing the burden on those served,

31  continually improving the way business is conducted, producing

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  1  results in the form of increased outputs, and working to

  2  improve processes.

  3         5.  The employee must have demonstrated initiative in

  4  work and have exceeded normal job expectations.

  5         6.  The employee must have modeled the way for others

  6  by displaying agency values of fairness, cooperation, respect,

  7  commitment, honesty, excellence, and teamwork.

  8         (d)  A periodic evaluation process of the employee's

  9  performance.

10         (e)  Peer input to account for at least 40 percent of

11  the bonus award determination.

12         (f)  A division of the agency by work unit for purposes

13  of peer input and bonus distribution.

14         (g)  A limitation on bonus distributions equal to 35

15  percent of the agency's total authorized positions. This

16  requirement may be waived by the Office of Policy and Budget

17  in the Executive Office of the Governor upon a showing of

18  exceptional circumstances.

19         (3)  Each department head is authorized to incur

20  expenditures to award suitable framed certificates, pins, and

21  other tokens of recognition to retiring state employees whose

22  service with the state has been satisfactory, in appreciation

23  and recognition of such service.  Such awards may not cost in

24  excess of $100 each plus applicable taxes.

25         (4)  Each department head is authorized to incur

26  expenditures to award suitable framed certificates, pins, or

27  other tokens of recognition to state employees who have

28  achieved increments of 5 years of satisfactory service in the

29  agency or to the state, in appreciation and recognition of

30  such service. Such awards may not cost in excess of $100 $50

31  each plus applicable taxes.

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  1         (5)  Each department head is authorized to incur

  2  expenditures not to exceed $100 each plus applicable taxes for

  3  suitable framed certificates, plaques, or other tokens of

  4  recognition to any appointed member of a state board or

  5  commission whose service to the state has been satisfactory,

  6  in appreciation and recognition of such service upon the

  7  expiration of such board or commission member's final term in

  8  such position.

  9         Section 9.  Section 110.1246, Florida Statutes, is

10  repealed.

11         Section 10.  Subsections (1) and (2) of section

12  110.129, Florida Statutes, are amended to read:

13         110.129  Services to political subdivisions.--

14         (1)  Upon request, the department may enter into a

15  formal agreement agreements with any municipality or political

16  subdivision of the state to furnish technical assistance to

17  improve the system or methods of personnel administration of

18  that such municipality or political subdivision.  The

19  department shall provide such assistance within the

20  limitations of available staff, funds, and other resources.

21  All municipalities and political subdivisions of the state are

22  authorized to enter into such agreements.

23         (2)  Technical assistance includes may include, but is

24  shall not be limited to, providing technical advice, written

25  reports, or and other information or materials that and may

26  cover such subjects as management and personnel systems,

27  central administrative and support services, employee

28  training, and employee productivity.

29         Section 11.  Effective July 1, 2001, subsection (2) of

30  section 100.131, Florida Statutes, is amended to read:

31

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  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

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  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.  Effective July 1, 2001, subsections (22),

12  (23), and (24) of section 110.203, Florida Statutes, are

13  amended, and subsections (28) and (29) are added to that

14  section, to read:

15         110.203  Definitions.--For the purpose of this part and

16  the personnel affairs of the state:

17         (22)  "Dismissal" means a disciplinary action taken by

18  an agency pursuant to s. 110.227 against an employee resulting

19  in termination of his or her employment for a violation of

20  agency standards or for cause pursuant to s. 110.227.

21         (23)  "Suspension" means a disciplinary action taken by

22  an agency pursuant to s. 110.227 against an employee to

23  temporarily relieve the employee of his or her duties and

24  place him or her on leave without pay for violation of agency

25  standards or for cause pursuant to s. 110.227.

26         (24)  "Layoff" means termination of employment due to

27  abolishment of positions necessitated by a shortage of funds

28  or work, or a material change in the duties or organization of

29  an agency, including the outsourcing or privatization of an

30  activity or function previously performed by career service

31  employees.

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  1         (28)  "Firefighter" means a firefighter certified under

  2  chapter 633.

  3         (29)  "Law enforcement or correctional officer" means a

  4  law enforcement officer, special agent, correctional officer,

  5  correctional probation officer, or institutional security

  6  specialist required to be certified under chapter 943.

  7         Section 14.  Section 110.2035, Florida Statutes, is

  8  created to read:

  9         110.2035  Classification and compensation program.--

10         (1)  The Department of Management Services, in

11  consultation with the Executive Office of the Governor and the

12  Legislature, shall develop a classification and compensation

13  program.  This program shall be developed for use by all state

14  agencies and shall address Career Service, Select Exempt

15  Service, and Senior Management Service classes.

16         (2)  The program shall consist of the following:

17         (a)  A position classification system using no more

18  than 50 occupational groups and up to a six-class series

19  structure for each occupation within an occupational group.

20  Additional occupational groups may be established only by the

21  Executive Office of the Governor after consultation with the

22  Legislature.

23         (b)  A pay plan that shall provide broad, market-based

24  salary ranges for each occupational group.

25         (3)  The following goals shall be considered in

26  designing and implementing the program:

27         (a)  The classification system must significantly

28  reduce the need to reclassify positions due to work assignment

29  and organizational changes by decreasing the number of

30  classification changes required.

31

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  1         (b)  The classification system must establish

  2  broad-based classes allowing flexibility in organizational

  3  structure and must reduce the levels of supervisory classes.

  4         (c)  The classification system and pay plan must

  5  emphasize pay administration and job-performance evaluation by

  6  management rather than emphasize use of the classification

  7  system to award salary increases.

  8         (d)  The pay administration system must contain

  9  provisions to allow managers the flexibility to move employees

10  through the pay ranges and provide for salary increase

11  additives and lump-sum bonuses.

12         (4)  The classification system shall be structured such

13  that each confidential, managerial, and supervisory employee

14  shall be included in the Selected Exempt Service, in

15  accordance with part V of this chapter.

16         (5)  The Department of Management Services shall submit

17  the proposed design of the classification and compensation

18  program to the Executive Office of the Governor, the presiding

19  officers of the Legislature, and the appropriate legislative

20  fiscal and substantive standing committees on or before

21  December 1, 2001.

22         (6)  The department shall establish, by rule,

23  guidelines with respect to, and shall delegate to the

24  employing agencies, where appropriate, the authority to

25  administer the following:

26         (a)  Shift differentials.

27         (b)  On-call fees.

28         (c)  Hazardous-duty pay.

29         (d)  Advanced appointment rates.

30         (e)  Salary increase and decrease corrections.

31         (f)  Lead-worker pay.

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  1         (g)  Temporary special duties pay.

  2         (h)  Trainer-additive pay.

  3         (i)  Competitive area differentials.

  4         (j)  Coordinator pay.

  5         (k)  Critical market pay.

  6

  7  The employing agency must use such pay additives as are

  8  appropriate within the guidelines established by the

  9  department and shall advise the department in writing of the

10  plan for implementing such pay additives prior to the

11  implementation date. Any action by an employing agency to

12  implement temporary special duties pay, competitive area

13  differentials, or critical market pay may be implemented only

14  after the department has reviewed and recommended such action;

15  however, an employing agency may use temporary special duties

16  pay for up to 3 months without prior review by the department.

17  The department shall annually provide a summary report of the

18  pay additives implemented pursuant to this section.

19         Section 15.  Subsection (2) of section 110.205, Florida

20  Statutes, is amended, and subsection (7) is added to that

21  section, to read:

22         110.205  Career service; exemptions.--

23         (2)  EXEMPT POSITIONS.--The exempt positions that which

24  are not covered by this part include the following, provided

25  that no position, except for positions established for a

26  limited period of time pursuant to paragraph (h), shall be

27  exempted if the position reports to a position in the career

28  service:

29         (a)  All officers of the executive branch elected by

30  popular vote and persons appointed to fill vacancies in such

31  offices.  Unless otherwise fixed by law, the salary and

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  1  benefits for any such officer who serves as the head of a

  2  department shall be set by the department in accordance with

  3  the rules of the Senior Management Service.

  4         (b)  All members, officers, and employees of the

  5  legislative branch, except for the members, officers, and

  6  employees of the Florida Public Service Commission.

  7         (c)  All members, officers, and employees of the

  8  judicial branch.

  9         (d)  All officers and employees of the State University

10  System and the Correctional Education Program within the

11  Department of Corrections, and the academic personnel and

12  academic administrative personnel of the Florida School for

13  the Deaf and the Blind.  In accordance with the provisions of

14  chapter 242, the salaries for academic personnel and academic

15  administrative personnel of the Florida School for the Deaf

16  and the Blind shall be set by the board of trustees for the

17  school, subject only to the approval of the State Board of

18  Education. The salaries for all instructional personnel and

19  all administrative and noninstructional personnel of the

20  Correctional Education Program shall be set by the Department

21  of Corrections, subject to the approval of the Department of

22  Management Services.

23         (e)  All members of state boards and commissions,

24  however selected. Unless otherwise fixed by law, the salary

25  and benefits for any full-time board or commission member

26  shall be set by the department in accordance with the rules of

27  the Senior Management Service.

28         (f)  Judges, referees, and receivers.

29         (g)  Patients or inmates in state institutions.

30         (h)  All positions that which are established for a

31  limited period of time for the purpose of conducting a special

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  1  study, project, or investigation and any person paid from an

  2  other-personal-services appropriation.  Unless otherwise fixed

  3  by law, the salaries for such positions and persons shall be

  4  set in accordance with rules established by the employing

  5  agency for other-personal-services payments pursuant to s.

  6  110.131.

  7         (i)  The appointed secretaries, assistant secretaries,

  8  deputy secretaries, and deputy assistant secretaries of all

  9  departments; the executive directors, assistant executive

10  directors, deputy executive directors, and deputy assistant

11  executive directors of all departments; and the directors of

12  all divisions and those positions determined by the department

13  to have managerial responsibilities comparable to such

14  positions, which positions include, but are not limited to,

15  program directors, assistant program directors, district

16  administrators, deputy district administrators, the Director

17  of Central Operations Services of the Department of Children

18  and Family Services, and the State Transportation Planner,

19  State Highway Engineer, State Public Transportation

20  Administrator, district secretaries, district directors of

21  planning and programming, production, and operations, and the

22  managers of the offices specified in s. 20.23(3)(d)2., of the

23  Department of Transportation.  Unless otherwise fixed by law,

24  the department shall set the salary and benefits of these

25  positions in accordance with the rules of the Senior

26  Management Service.

27         (j)  The personal secretary to the incumbent of each

28  position exempted in paragraph (a), and to each appointed

29  secretary, assistant secretary, deputy secretary, executive

30  director, assistant executive director, and deputy executive

31  director of each department under paragraph (i). Unless

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  1  otherwise fixed by law, the department shall set the salary

  2  and benefits of these positions in accordance with the rules

  3  of the Selected Exempt Service.

  4         (k)  All officers and employees in the office of the

  5  Governor, including all employees at the Governor's mansion,

  6  and employees within each separate budget entity, as defined

  7  in chapter 216, assigned to the Governor. Unless otherwise

  8  fixed by law, the salary and benefits of these positions shall

  9  be set by the department as follows:

10         1.  The chief of staff, the assistant or deputy chief

11  of staff, general counsel, Director of Legislative Affairs,

12  chief inspector general, Director of Cabinet Affairs, Director

13  of Press Relations, Director of Planning and Budgeting,

14  director of administration, director of state-federal

15  relations, Director of Appointments, Director of External

16  Affairs, Deputy General Counsel, Governor's Liaison for

17  Community Development, Chief of Staff for the Lieutenant

18  Governor, Deputy Director of Planning and Budgeting, policy

19  coordinators, and the director of each separate budget entity

20  shall have their salaries and benefits established by the

21  department in accordance with the rules of the Senior

22  Management Service.

23         2.  The salaries and benefits of positions not

24  established in sub-subparagraph a. shall be set by the

25  employing agency. Salaries and benefits of employees whose

26  professional training is comparable to that of licensed

27  professionals under paragraph (q), or whose administrative

28  responsibility is comparable to a bureau chief shall be set by

29  the Selected Exempt Service. The department shall make the

30  comparability determinations. Other employees shall have

31  benefits set comparable to legislative staff, except leave

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  1  shall be comparable to career service as if career service

  2  employees.

  3         (l)  All assistant division director, deputy division

  4  director, and bureau chief positions in any department, and

  5  those positions determined by the department to have

  6  managerial responsibilities comparable to such positions,

  7  which positions include, but are not limited to, positions in

  8  the Department of Health, the Department of Children and

  9  Family Services, and the Department of Corrections that are

10  assigned primary duties of serving as the superintendent or

11  assistant superintendent, or warden or assistant warden, of an

12  institution; positions in the Department of Corrections that

13  are assigned primary duties of serving as the circuit

14  administrator or deputy circuit administrator; positions in

15  the Department of Transportation that are assigned primary

16  duties of serving as regional toll managers and managers of

17  offices as defined in s. 20.23(3)(d)3. and (4)(d); positions

18  in the Department of Environmental Protection that are

19  assigned the duty of an Environmental Administrator or program

20  administrator; those positions described in s. 20.171 as

21  included in the Senior Management Service; and positions in

22  the Department of Health that are assigned the duties of

23  Environmental Administrator, Assistant County Health

24  Department Director, and County Health Department Financial

25  Administrator. Unless otherwise fixed by law, the department

26  shall set the salary and benefits of these positions in

27  accordance with the rules established for the Selected Exempt

28  Service.

29         (m)1. a.  In addition to those positions exempted by

30  other paragraphs of this subsection, each department head may

31  designate a maximum of 20 policymaking or managerial

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  1  positions, as defined by the department and approved by the

  2  Administration Commission, as being exempt from the Career

  3  Service System. Career service employees who occupy a position

  4  designated as a position in the Selected Exempt Service under

  5  this paragraph shall have the right to remain in the Career

  6  Service System by opting to serve in a position not exempted

  7  by the employing agency. Unless otherwise fixed by law, the

  8  department shall set the salary and benefits of these

  9  positions in accordance with the rules of the Selected Exempt

10  Service; provided, however, that if the agency head determines

11  that the general counsel, chief Cabinet aide, public

12  information administrator or comparable position for a Cabinet

13  officer, inspector general, or legislative affairs director

14  has both policymaking and managerial responsibilities and if

15  the department determines that any such position has both

16  policymaking and managerial responsibilities, the salary and

17  benefits for each such position shall be established by the

18  department in accordance with the rules of the Senior

19  Management Service.

20         b.  In addition, each department may designate one

21  additional position in the Senior Management Service if that

22  position reports directly to the agency head or to a position

23  in the Senior Management Service and if any additional costs

24  are absorbed from the existing budget of that department.

25         2.  If otherwise exempt, employees of the Public

26  Employees Relations Commission, the Commission on Human

27  Relations, and the Unemployment Appeals Commission, upon the

28  certification of their respective commission heads, may be

29  provided for under this paragraph as members of the Senior

30  Management Service, if otherwise qualified.  However, the

31  deputy general counsels of the Public Employees Relations

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  1  Commission shall be compensated as members of the Selected

  2  Exempt Service.

  3         (n)  The executive director, deputy executive director,

  4  general counsel, official reporters, and division directors

  5  within the Public Service Commission and the personal

  6  secretary and personal assistant to each member of the Public

  7  Service Commission. Unless otherwise fixed by law, the salary

  8  and benefits of the executive director, deputy executive

  9  directors, general counsel, Director of Administration,

10  Director of Appeals, Director of Auditing and Financial

11  Analysis, Director of Communications, Director of Consumer

12  Affairs, Director of Electric and Gas, Director of Information

13  Processing, Director of Legal Services, Director of Records

14  and Reporting, Director of Research, and Director of Water and

15  Sewer shall be set by the department in accordance with the

16  rules of the Senior Management Service. The salary and

17  benefits of the personal secretary and the personal assistant

18  of each member of the commission and the official reporters

19  shall be set by the department in accordance with the rules of

20  the Selected Exempt Service, notwithstanding any salary

21  limitations imposed by law for the official reporters.

22         (o)1.  All military personnel of the Department of

23  Military Affairs. Unless otherwise fixed by law, the salary

24  and benefits for such military personnel shall be set by the

25  Department of Military Affairs in accordance with the

26  appropriate military pay schedule.

27         2.  The military police chiefs, military police

28  officers, firefighter trainers, firefighter-rescuers, and

29  electronic security system technicians shall have salary and

30  benefits the same as career service employees.

31

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  1         (p)  The staff directors, assistant staff directors,

  2  district program managers, district program coordinators,

  3  district subdistrict administrators, district administrative

  4  services directors, district attorneys, and the Deputy

  5  Director of Central Operations Services of the Department of

  6  Children and Family Services and the county health department

  7  directors and county health department administrators of the

  8  Department of Health. Unless otherwise fixed by law, the

  9  department shall establish the salary range and benefits for

10  these positions in accordance with the rules of the Selected

11  Exempt Service.

12         (q)  All positions not otherwise exempt under this

13  subsection which require as a prerequisite to employment:

14  licensure as a physician pursuant to chapter 458, licensure as

15  an osteopathic physician pursuant to chapter 459, licensure as

16  a chiropractic physician pursuant to chapter 460, including

17  those positions which are occupied by employees who are

18  exempted from licensure pursuant to s. 409.352; licensure as

19  an engineer pursuant to chapter 471, which are supervisory

20  positions except for such positions in the Department of

21  Transportation; or for 12 calendar months, which require as a

22  prerequisite to employment that the employee have received the

23  degree of Bachelor of Laws or Juris Doctor from a law school

24  accredited by the American Bar Association and thereafter

25  membership in The Florida Bar, except for any attorney who

26  serves as an administrative law judge pursuant to s. 120.65 or

27  for hearings conducted pursuant to s. 120.57(1)(a). Unless

28  otherwise fixed by law, the department shall set the salary

29  and benefits for these positions in accordance with the rules

30  established for the Selected Exempt Service.

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  1         (r)  The statewide prosecutor in charge of the Office

  2  of Statewide Prosecution of the Department of Legal Affairs

  3  and all employees in the office. The Department of Legal

  4  Affairs shall set the salary of these positions.

  5         (s)  The executive director of each board or commission

  6  established within the Department of Business and Professional

  7  Regulation or the Department of Health. Unless otherwise fixed

  8  by law, the department shall establish the salary and benefits

  9  for these positions in accordance with the rules established

10  for the Selected Exempt Service.

11         (t)  All officers and employees of the State Board of

12  Administration. The State Board of Administration shall set

13  the salaries and benefits of these positions.

14         (u)  Positions that which are leased pursuant to a

15  state employee lease agreement expressly authorized by the

16  Legislature pursuant to s. 110.191.

17         (v)  Effective July 1, 2001, managerial employees, as

18  defined in s. 447.203(4), confidential employees, as defined

19  in s. 447.203(5), and supervisory employees who spend the

20  majority of their time communicating with, motivating,

21  training, and evaluating employees, and planning and directing

22  employees' work, and who have the authority to hire, transfer,

23  suspend, lay off, recall, promote, discharge, assign, reward,

24  or discipline subordinate employees or effectively recommend

25  such action, including all employees serving as supervisors,

26  administrators, and directors, except employees also

27  designated as special risk or special risk administrative

28  support and except administrative law judges and hearing

29  officers. Unless otherwise fixed by law, the department shall

30  establish the salary range and benefits for these positions in

31  accordance with the rules of the Selected Exempt Service.

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  1         (w)  Effective July 1, 2001, any employee exempted and

  2  moved to the Selected Exempt Service by way of an agreed-upon

  3  collective bargaining agreement.

  4         (7)  CARRYING LEAVE FORWARD.--If an employee is

  5  transferred or otherwise moves from the Career Service System

  6  into the Selected Exempt Service, all of the employee's unused

  7  annual leave, unused sick leave, and unused compensatory leave

  8  shall carry forward with the employee.

  9         Section 16.  Effective June 30, 2002, sections 110.207

10  and 110.209, Florida Statutes, are repealed.

11         Section 17.  Section 110.211, Florida Statutes, is

12  amended to read:

13         110.211  Recruitment.--

14         (1)  Recruiting shall be planned and carried out in a

15  manner that assures open competition based upon current and

16  projected employing agency needs, taking into consideration

17  the number and types of positions to be filled and the labor

18  market conditions, with special emphasis placed on recruiting

19  efforts to attract minorities, women, or other groups that are

20  underrepresented in the workforce of the employing agency.

21         (2)  Recruiting efforts to fill current or projected

22  vacancies shall be carried out in the sound discretion of the

23  agency head the responsibility of the employing agency.

24         (3)  Recruiting shall seek efficiency in advertising

25  and may be assisted by a contracted vendor responsible for

26  maintenance of the personnel data. The department shall

27  provide for executive-level recruitment and a recruitment

28  enhancement program designed to encourage individuals to seek

29  employment with state government and to promote better public

30  understanding of the state as an employer.

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  1         (4)  An application for a publicly announced vacancy

  2  must be made directly to the employing agency.

  3         (4)(5)  All recruitment literature printed after July

  4  1, 1979, involving state position vacancies shall contain the

  5  phrase "An Equal Opportunity Employer/Affirmative Action

  6  Employer."

  7         (6)  The department shall develop model recruitment

  8  rules which may be used by employing agencies.  Such rules

  9  must be approved by the Administration Commission before their

10  adoption by the department. Employing agencies electing to

11  adopt recruitment rules that are inconsistent with the model

12  rules must consult with and submit such rules to the

13  department for review.  Such rules must also be approved by

14  the Administration Commission before their adoption by the

15  employing agencies.

16         Section 18.  Section 110.213, Florida Statutes, is

17  amended to read:

18         110.213  Selection.--

19         (1)  The department shall have the responsibility for

20  determining guidelines for selection procedures to be utilized

21  by the employing agencies.

22         (2)  Any selection procedure utilized in state

23  employment shall be designed to provide maximum validity,

24  reliability, and objectivity; shall be based on adequate job

25  analysis to ensure job relatedness; and shall measure the

26  relative ability, knowledge, and skill needed for entry to a

27  job.

28         (1)(3)  Selection for appointment from among the most

29  qualified candidates available eligibles shall be the sole

30  responsibility of the employing agency. Effective July 1,

31  2001, all new employees must successfully complete at least a

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  1  1-year probationary period before attainment of permanent

  2  status.

  3         (2)  Selection shall reflect efficiency and simplicity

  4  in hiring procedures. The agency head or his or her designee

  5  shall be required to document the qualifications of the

  6  selected candidate to ensure that the candidate meets the

  7  minimum qualifications and possesses the requisite knowledge,

  8  skills, and abilities for the position. No other documentation

  9  or justification shall be required prior to selecting a

10  candidate for a position.

11         (4)  The department shall develop model selection rules

12  that may be used by employing agencies.  Such rules must be

13  approved by the Administration Commission before their

14  adoption by the department.  Employing agencies electing to

15  adopt selection rules that are inconsistent with the model

16  rules shall consult with and submit such rules to the

17  department for review. Such rules must also be approved by the

18  Administration Commission before their adoption by the

19  employing agencies.

20         Section 19.  Effective January 1, 2002, subsections (6)

21  and (7) are added to section 110.219, Florida Statutes, to

22  read:

23         110.219  Attendance and leave; general policies.--

24         (6)  The leave benefits provided to Senior Management

25  Service employees shall not exceed those provided to employees

26  in the Select Exempt Service.

27         (7)  Each December, a career service employee shall be

28  entitled, subject to available funds, to a payout of up to 24

29  hours of unused annual leave as follows:

30

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  1         (a)  A career service employee must have an annual

  2  leave balance of no less than 24 hours, after the payout, in

  3  order to qualify for this benefit.

  4         (b)  No career service employee shall receive a payout

  5  of greater than 240 hours over the course of the employee's

  6  career with the state, excluding any leave received at the

  7  time of separation.

  8         Section 20.  Section 110.224, Florida Statutes, is

  9  amended to read:

10         110.224  Public employee Review and performance

11  evaluation planning system.--A public employee review and

12  performance evaluation planning system shall be established as

13  a basis for evaluating and improving the performance of the

14  state's workforce, to provide documentation in support of

15  recommendations for salary increases, promotions, demotions,

16  reassignments, or dismissals; to inform employees of strong

17  and weak points in the employee's performance, to identify

18  improvements expected, and current and future training needs,

19  and to award lump-sum bonuses in accordance with s.

20  110.1245(2); and to assist in determining the order of layoff

21  and reemployment.

22         (1)  Upon original appointment, promotion, demotion, or

23  reassignment, a job description of the position assigned each

24  career service employee must be made available to the career

25  service employee given a statement of the work expectations

26  and performance standards applicable to the position. The job

27  description may be made available in an electronic format.

28  statement may be included in the position description or in a

29  separate document. An employee will not be required to meet

30  work expectations or performance standards that have not been

31  furnished in writing to the employee.

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  1         (2)  Each employee must have a employee's performance

  2  evaluation must be reviewed at least annually, and the

  3  employee must receive a copy an oral and written assessment of

  4  his or her performance evaluation. The performance evaluation

  5  assessment may include a plan of corrective action for

  6  improvement of the employee's performance based on the work

  7  expectations or performance standards applicable to the

  8  position as determined by the agency head.

  9         (3)  The department may adopt rules to administer the

10  public employee review and performance evaluation planning

11  system which establish procedures for performance evaluation,

12  procedures to be followed in case of failure to meet

13  performance standards, review periods, and forms.

14         Section 21.  Effective July 1, 2001, section 110.227,

15  Florida Statutes, is amended to read:

16         110.227  Suspensions, dismissals, reductions in pay,

17  demotions, layoffs, transfers, and grievances.--

18         (1)  Any employee, other than a law enforcement or

19  correctional officer or a firefighter, who has permanent

20  status in the career service may only be suspended or

21  dismissed only for reasonable cause.  Reasonable cause means a

22  set of facts and circumstances that would lead a prudent

23  person to take the same or similar action taken by the agency

24  head. Reasonable cause shall include, but is not be limited

25  to, poor performance, negligence, inefficiency or inability to

26  perform assigned duties, insubordination, willful violation of

27  the provisions of law or agency rules, conduct unbecoming a

28  public employee, misconduct, habitual drug abuse, or

29  conviction of any crime involving moral turpitude. Suspension

30  or dismissal based upon patronage, discrimination, or

31  arbitrariness or for any conduct that is otherwise protected

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  1  under state or federal law shall not constitute reasonable

  2  cause. A law enforcement or correctional officer or a

  3  firefighter who has permanent status in the career service may

  4  be suspended or dismissed only for just cause. The Each agency

  5  head shall ensure that all employees of the agency have

  6  reasonable access to the agency's personnel manual are

  7  completely familiar with the agency's established procedures

  8  on disciplinary actions and grievances.

  9         (2)  The department shall establish rules and

10  procedures for the suspension, reduction in pay, transfer,

11  layoff, demotion, and dismissal of employees in the career

12  service. Except with regard to law enforcement or correctional

13  officers or firefighters, rules regarding layoff procedures

14  shall not include any system whereby a career service employee

15  with greater seniority has the option of selecting a different

16  position not being eliminated, but either vacant or already

17  occupied by an employee of less seniority, and taking that

18  position, commonly referred to as "bumping." For the

19  implementation of layoffs as defined in s. 110.131, the

20  department shall develop rules requiring that consideration be

21  given to comparative merit, demonstrated skills, and the

22  employee's experience. Such rules shall be approved by the

23  Administration Commission prior to their adoption by the

24  department. This subsection does not prohibit collective

25  bargaining units from seeking to incorporate "bumping" in

26  their collective bargaining agreements.

27         (3)(a)  With regard to law enforcement or correctional

28  officers or firefighters, when a layoff becomes necessary,

29  such layoff shall be conducted within the competitive area

30  identified by the agency head and approved by the Department

31  of Management Services.  Such competitive area shall be

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  1  established taking into consideration the similarity of work;

  2  the organizational unit, which may be by agency, department,

  3  division, bureau, or other organizational unit; and the

  4  commuting area for the work affected.

  5         (b)  Layoff procedures shall be developed to establish

  6  the relative merit and fitness of employees and shall include

  7  a formula for uniform application among potentially adversely

  8  affected employees, or with respect to law enforcement or

  9  correctional officers or firefighters, among all employees in

10  the competitive area, taking into consideration the type of

11  appointment, the length of service, and the evaluations of the

12  employee's performance within the last 5 years of employment.

13         (4)  The following procedures shall apply to any

14  grievance filed by a Career Service employee:

15         (a)  Step One.--A Career Service employee who believes

16  that any condition affecting the employee is unjust,

17  inequitable, or a hindrance to effective operation may file a

18  grievance with the agency. Within 7 calendar days thereafter,

19  the employee is entitled to an informal hearing with his or

20  her supervisor.

21         (b)  Step Two.--A Career Service employee who has filed

22  a grievance with his or her supervisor is entitled to an

23  informal hearing with the agency head or his or her designee

24  within 14 calendar days after filing the grievance with the

25  agency. The agency head or his or her designee must respond in

26  writing to the employee within 7 calendar days after the

27  hearing.

28         (c)  The agency head shall be the final authority for

29  all grievances not related to a dismissal, suspension,

30  demotion, or reduction in pay from a class in which the

31

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  1  employee has obtained permanent status. Such grievances shall

  2  not be appealed beyond Step Two.

  3         (d)  Step Three.--A Career Service employee subject to

  4  a dismissal, suspension, demotion, or reduction in pay from a

  5  class in which he or she has obtained permanent status in the

  6  Career Service system shall be notified in writing by the

  7  agency prior to its taking such action. The notice may be

  8  delivered to the employee personally or may be sent by regular

  9  mail. Prior to the agency taking action, the employee shall be

10  entitled to remain in his or her position with full salary and

11  benefits and shall be entitled to a Step One and Step Two

12  informal hearing outlined in paragraphs (a) and (b). After the

13  agency has taken its final action, the employee shall be

14  entitled to file an appeal with the Public Employees Relations

15  Commission within 10 days after receipt of the response from

16  the agency head in accordance with paragraph (b).

17         (5)  The following timeline shall apply to any Step

18  Three proceeding held by the Public Employees Relations

19  Commission:

20         (a)  The hearing shall be held within 30 days after the

21  notice of appeal is filed. Discovery may be granted only upon

22  the showing of extraordinary circumstances. A party requesting

23  discovery shall demonstrate a substantial need for the

24  information requested and an inability to obtain relevant

25  information by other means.

26         (b)  Absent exceptional circumstances, no continuance

27  shall be granted without the consent of all parties. In no

28  event shall the continuance be granted for more than 30 days.

29         (c)  The proposed recommended order shall be filed by

30  the hearing officer within 21 days after the hearing.

31

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  1         (d)  Exceptions to the proposed recommended order shall

  2  be filed within 5 working days after the proposed recommended

  3  order is filed.

  4         (e)  The final order shall be issued no later than 7

  5  days after the filing of exceptions or oral arguments if

  6  granted.

  7         (f) Final orders issued by the Public Employees

  8  Relations Commission pursuant to paragraph (e) shall be

  9  reviewable as provided in s. 447.504.

10         (g)  The provisions of chapter 120 shall not apply to

11  any proceeding under subsection (4) or this subsection.

12         (h) This section does not prohibit any person from

13  representing himself or herself in proceedings before the

14  Public Employees Relations Commission or from being

15  represented by legal counsel or by any individual who

16  qualifies as a representative pursuant to rules adopted by the

17  commission.

18         (i)  Upon a finding that no reasonable cause existed,

19  the commission shall reverse the decision of the agency head

20  and the employee shall be reinstated with or without back pay.

21         (j)  Upon a finding of reasonable cause, the commission

22  shall affirm the decision of the agency head.

23         (k)  The commission may not reduce the penalty imposed

24  by the agency head.

25         (6)  Each suspension, dismissal, demotion, or reduction

26  in pay must be reviewed without consideration of any other

27  case or set of facts. An action shall not be considered

28  arbitrary if the employer has reasonable cause for the action

29  taken based upon the employee's conduct without regard for the

30  conduct of any similarly situated employee or any other action

31  taken.

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  1         (4)  Any permanent career service employee subject to

  2  reduction in pay, transfer, layoff, or demotion from a class

  3  in which he or she has permanent status in the Career Service

  4  System shall be notified in writing by the agency prior to its

  5  taking such action.  The notice may be delivered to the

  6  employee personally or may be sent by certified mail with

  7  return receipt requested. Such actions shall be appealable to

  8  the Public Employees Relations Commission, pursuant to s.

  9  447.208 and rules adopted by the commission.

10         (5)(a)  Any permanent career service employee who is

11  subject to suspension or dismissal shall receive written

12  notice of such action at least 10 days prior to the date such

13  action is to be taken.  Subsequent to such notice, and prior

14  to the date the action is to be taken, the affected employee

15  shall be given an opportunity to appear before the agency or

16  official taking the action to answer orally and in writing the

17  charges against him or her. The notice to the employee

18  required by this paragraph may be delivered to the employee

19  personally or may be sent by certified mail with return

20  receipt requested.  An employee who is suspended or dismissed

21  shall be entitled to a hearing before the Public Employees

22  Relations Commission or its designated agent pursuant to s.

23  447.208 and rules adopted by the commission.

24         (b)  In extraordinary situations such as when the

25  retention of a permanent career service employee would result

26  in damage to state property, would be detrimental to the best

27  interest of the state, or would result in injury to the

28  employee, a fellow employee, or some other person, such

29  employee may be suspended or dismissed without 10 days' prior

30  notice, provided that written or oral notice of such action,

31  evidence of the reasons therefor, and an opportunity to rebut

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  1  the charges are furnished to the employee prior to such

  2  dismissal or suspension.  Such notice may be delivered to the

  3  employee personally or may be sent by certified mail with

  4  return receipt requested. Agency compliance with the foregoing

  5  procedure requiring notice, evidence, and an opportunity for

  6  rebuttal must be substantiated.  Any employee who is suspended

  7  or dismissed pursuant to the provisions of this paragraph

  8  shall be entitled to a hearing before the Public Employees

  9  Relations Commission or its designated agent pursuant to s.

10  447.208, except that such hearing shall be held no more than

11  20 days after the filing of the notice of appeal by the

12  employee.

13         (6)  A grievance process shall be available to career

14  service employees. A grievance is defined as the

15  dissatisfaction that occurs when an employee thinks or feels

16  that any condition affecting the employee is unjust,

17  inequitable, or a hinderance to effective operation, or

18  creates a problem, except that an employee shall not have the

19  right to file a grievance against performance evaluations

20  unless it is alleged that the evaluation is based on factors

21  other than the employee's performance. Claims of

22  discrimination and sexual harassment, suspensions, reductions

23  in pay, transfers, layoffs, demotions, and dismissals are not

24  subject to the career service grievance process.

25         (7)  The department shall adopt rules for

26  administration of the grievance process for career service

27  employees. Such rules shall establish agency grievance

28  procedures, eligibility, filing deadlines, forms, and review

29  and evaluation governing the grievance process.

30         Section 22.  Paragraph (a) of subsection (4) of section

31  110.233, Florida Statutes, is amended to read:

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  1         110.233  Political activities and unlawful acts

  2  prohibited.--

  3         (4)  As an individual, each employee retains all rights

  4  and obligations of citizenship provided in the Constitution

  5  and laws of the state and the Constitution and laws of the

  6  United States.  However, no employee in the career service

  7  shall:

  8         (a)  Hold, or be a candidate for, public office while

  9  in the employment of the state or take any active part in a

10  political campaign while on duty or within any period of time

11  during which the employee is expected to perform services for

12  which he or she receives compensation from the state. However,

13  when authorized by his or her agency head and approved by the

14  department of Management Services as involving no interest

15  which conflicts or activity which interferes with his or her

16  state employment, an employee in the career service may be a

17  candidate for or hold local public office. The department of

18  Management Services shall prepare and make available to all

19  affected personnel who make such request a definite set of

20  rules and procedures consistent with the provisions herein.

21         Section 23.  Subsection (1) of section 110.235, Florida

22  Statutes, is amended to read:

23         110.235  Training.--

24         (1)  It is the intent of the Legislature that State

25  agencies shall implement training programs that encompass

26  modern management principles, and that provide the framework

27  to develop human resources through empowerment, training, and

28  rewards for productivity enhancement; to continuously improve

29  the quality of services; and to satisfy the expectations of

30  the public.

31

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  1         Section 24.  Section 110.401, Florida Statutes, is

  2  amended to read:

  3         110.401  Declaration of policy.--It is the intent of

  4  This part creates to create a uniform system for attracting,

  5  retaining, and developing highly competent senior-level

  6  managers at the highest executive-management-level agency

  7  positions in order for the highly complex programs and

  8  agencies of state government to function effectively,

  9  efficiently, and productively. The Legislature recognizes that

10  senior-level management is an established profession and that

11  the public interest is best served by developing and refining

12  the management skills of its Senior Management Service

13  employees.  Accordingly To this end, training and

14  management-development programs are regarded as a major

15  administrative function within agencies.

16         Section 25.  Subsections (3), (4), and (5) of section

17  110.403, Florida Statutes, are amended to read:

18         110.403  Powers and duties of the Department of

19         (3)  The department of Management Services shall have

20  the following additional responsibilities:

21         (a)  To establish and administer a professional

22  development program that which shall provide for the

23  systematic development of managerial, executive, or

24  administrative skills. Such a program shall include the

25  following topics:

26         1.  Improving the performance of individual employees.

27  This topic provides skills in understanding and motivating

28  individual performance, providing effective and timely

29  evaluations of employees, and making recommendations on

30  performance incentives and disincentives.

31

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  1         2.  Improving the performance of groups of employees.

  2  This topic provides skills in creating and maintaining

  3  productive workgroups and making recommendations on

  4  performance incentives and disincentives.

  5         3.  Relating the efforts of employees to the goals of

  6  the organization. This topic provides skills in linking the

  7  work of individual employees to the goals of the agency

  8  program, service, or activity.

  9         4.  Strategic planning. This topic provides the skills

10  for defining agency business processes, measuring performance

11  of such processes, and reengineering such processes for

12  improved efficiency and effectiveness.

13         5.  Team leadership. This topic provides skills in

14  effective group processes for organizational motivation and

15  productivity based on proven business and military

16  applications that emphasize respect for and courtesy to the

17  public.

18         (b)  To promote public understanding of the purposes,

19  policies, and programs of the Senior Management Service.

20         (c)  To approve contracts of employing agencies with

21  persons engaged in the business of conducting multistate

22  executive searches to identify qualified and available

23  applicants for Senior Management Service positions for which

24  the department of Management Services sets salaries in

25  accordance with the classification and pay plan.  Such

26  contracts may be entered by the agency head only after

27  completion of an unsuccessful in-house search.  The department

28  of Management Services shall establish, by rule, the minimum

29  qualifications for persons desiring to conduct executive

30  searches, including a requirement for the use of contingency

31  contracts.  These Such rules shall ensure that such persons

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  1  possess the requisite capacities to perform effectively at

  2  competitive industry prices.  These The Department of

  3  Management Services shall make the rules shall also required

  4  pursuant to this paragraph in such a manner as to comply with

  5  state and federal laws and regulations governing equal

  6  opportunity employment.

  7         (4)  All policies and procedures adopted by the

  8  department of Management Services regarding the Senior

  9  Management Service shall comply with all federal regulations

10  necessary to permit the state agencies to be eligible to

11  receive federal funds.

12         (5)  The department of Management Services shall adopt,

13  by rule, procedures for Senior Management Service employees

14  that require disclosure to the agency head of any application

15  for or offer of employment, gift, contractual relationship, or

16  financial interest with any individual, partnership,

17  association, corporation, utility, or other organization,

18  whether public or private, doing business with or subject to

19  regulation by the agency.

20         Section 26.  Effective July 1, 2001, paragraph (a) of

21  subsection (1) of section 110.403, Florida Statutes, is

22  amended to read:

23         110.403  Powers and duties of the Department of

24  Management Services.--

25         (1)  In order to implement the purposes of this part,

26  the Department of Management Services, after approval by the

27  Administration Commission, shall adopt and amend rules

28  providing for:

29         (a)  A system for employing, promoting, or reassigning

30  managers that is responsive to organizational or program

31  needs.  In no event shall the number of positions included in

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  1  the Senior Management Service exceed 1.0 0.5 percent of the

  2  total full-time equivalent positions in the career service.

  3  The department shall deny approval to establish any position

  4  within the Senior Management Service which would exceed the

  5  limitation established in this paragraph.  The department

  6  shall report that the limitation has been reached to the

  7  Governor, the President of the Senate, and the Speaker of the

  8  House of Representatives, as soon as practicable after such

  9  event occurs. Employees in the Senior Management Service shall

10  serve at the pleasure of the agency head and shall be subject

11  to suspension, dismissal, reduction in pay, demotion,

12  transfer, or other personnel action at the discretion of the

13  agency head. Such personnel actions are exempt from the

14  provisions of chapter 120.

15         Section 27.  Section 110.601, Florida Statutes, is

16  amended to read:

17         110.601  Declaration of policy.--It is the purpose of

18  This part creates to create a system of personnel management

19  the purpose of which is to deliver which ensures to the state

20  the delivery of high-quality performance by those employees in

21  select exempt classifications by facilitating the state's

22  ability to attract and retain qualified personnel in these

23  positions, while also providing sufficient management

24  flexibility to ensure that the workforce is responsive to

25  agency needs.  The Legislature recognizes that the public

26  interest is best served by developing and refining the

27  technical and managerial skills of its Selected Exempt Service

28  employees, and, to this end, technical training and management

29  development programs are regarded as a major administrative

30  function within agencies.

31

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  1         Section 28.  Effective July 1, 2001, section 110.602,

  2  Florida Statutes, is amended to read:

  3         110.602  Selected Exempt Service; creation,

  4  coverage.--The Selected Exempt Service is created as a

  5  separate system of personnel administration for select exempt

  6  positions. Such positions shall include, and shall be limited

  7  to, those positions which are exempt from the Career Service

  8  System pursuant to s. 110.205(2) and (5) and for which the

  9  salaries and benefits are set by the department in accordance

10  with the rules of the Selected Exempt Service. The department

11  shall designate all positions included in the Selected Exempt

12  Service as either managerial/policymaking, professional, or

13  nonmanagerial/nonpolicymaking. In no event shall the number of

14  positions included in the Selected Exempt Service, excluding

15  those positions designated as professional or

16  nonmanagerial/nonpolicymaking, exceed 1.5 percent of the total

17  full-time equivalent positions in the career service.  The

18  department shall deny approval to establish any position

19  within the Selected Exempt Service which would exceed the

20  limitation established in this section.  The department shall

21  report that the limitation has been reached to the Governor,

22  the President of the Senate, and the Speaker of the House of

23  Representatives, as soon as practicable after such event

24  occurs.

25         Section 29.  Subsection (1) of section 110.605, Florida

26  Statutes, is amended to read:

27         110.605  Powers and duties; personnel rules, records,

28  reports, and performance appraisal.--

29         (1)  The department shall adopt and administer uniform

30  personnel rules, records, and reports relating to employees

31  and positions in the Selected Exempt Service, as well as any

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  1  other rules and procedures relating to personnel

  2  administration which are necessary to carry out the purposes

  3  of this part.

  4         (a)  The department shall develop uniform forms and

  5  instructions to be used in reporting transactions which

  6  involve changes in an employee's salary, status, performance,

  7  leave, fingerprint record, loyalty oath, payroll change, or

  8  appointment action or any additional transactions as the

  9  department may deem appropriate.

10         (b)  It is the responsibility of the employing agency

11  to maintain these records and all other records and reports

12  prescribed in applicable rules on a current basis.

13         (b)(c)  The department shall develop a uniform

14  performance appraisal system for employees and positions in

15  the Selected Exempt Service covered by a collective bargaining

16  agreement. Each employing agency shall develop a performance

17  appraisal system for all other employees and positions in the

18  Selected Exempt System.  Such agency system shall take into

19  consideration individual and organizational efficiency,

20  productivity, and effectiveness.

21         (c)(d)  The employing agency must maintain, on a

22  current basis, all records and reports required by applicable

23  rules. The department shall periodically audit employing

24  agency records to determine compliance with the provisions of

25  this part and the rules of the department.

26         (d)(e)  The department shall develop a program of

27  affirmative and positive actions that will ensure full

28  utilization of women and minorities in Selected Exempt Service

29  positions.

30         Section 30.  Paragraph (c) of subsection (2) of section

31  110.606, Florida Statutes, is amended to read:

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  1         110.606  Selected Exempt Service; data collection.--

  2         (2)  The data required by this section shall include:

  3         (c)  In addition, as needed, the data shall include:

  4         1.  A pricing analysis based on a market survey of

  5  positions comparable to those included in the Selected Exempt

  6  Service and recommendations with respect to whether, and to

  7  what extent, revisions to the salary ranges for the Selected

  8  Exempt Service classifications should be implemented.

  9         2.  An analysis of actual salary levels for each

10  classification within the Selected Exempt Service, indicating

11  the mean salary for each classification within the Selected

12  Exempt Service and the deviation from such means with respect

13  to each agency's salary practice in each classification;

14  reviewing the duties and responsibilities in relation to the

15  incumbents' salary levels, credentials, skills, knowledge, and

16  abilities; and discussing whether the salary practices

17  reflected thereby indicate interagency salary inequities among

18  positions within the Selected Exempt Service.

19         Section 31.  Subsection (2) of section 288.708, Florida

20  Statutes, is amended to read:

21         288.708  Executive director; employees.--

22         (2)  The executive director and all employees of the

23  board shall be exempt from the provisions of part II of

24  chapter 110, and the executive director shall be subject to

25  the provisions of part III IV of chapter 110.

26         Section 32.  Paragraph (a) of subsection (3) of section

27  440.4416, Florida Statutes, is amended to read:

28         440.4416  Workers' Compensation Oversight Board.--

29         (3)  EXECUTIVE DIRECTOR; EXPENSES.--

30         (a)  The board shall appoint an executive director to

31  direct and supervise the administrative affairs and general

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  1  management of the board who shall be subject to the provisions

  2  of part V IV of chapter 110. The executive director may employ

  3  persons and obtain technical assistance as authorized by the

  4  board and shall attend all meetings of the board. Board

  5  employees shall be exempt from part II of chapter 110.

  6         Section 33.  Effective July 1, 2001, subsection (3) of

  7  section 509.036, Florida Statutes, is amended to read:

  8         509.036  Public food service inspector

  9  standardization.--

10         (3)  The division and its agent shall adopt rules in

11  accordance with the provisions of chapter 120 to provide for

12  disciplinary action in cases of inspector negligence.  An

13  inspector may be subject to suspension or dismissal for

14  reasonable cause as set forth in s. 110.227.

15         Section 34.  Paragraph (c) of subsection (1) of section

16  216.262, Florida Statutes, is amended to read:

17         216.262  Authorized positions.--

18         (1)

19         (c)1.  The Executive Office of the Governor, under such

20  procedures and qualifications as it deems appropriate, shall,

21  upon agency request, delegate to any state agency authority to

22  add and delete authorized positions or transfer authorized

23  positions from one budget entity to another budget entity

24  within the same division, and may approve additions and

25  deletions of authorized positions or transfers of authorized

26  positions within the state agency when such changes would

27  enable the agency to administer more effectively its

28  authorized and approved programs.  The additions or deletions

29  must be consistent with the intent of the approved operating

30  budget, must be consistent with legislative policy and intent,

31

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  1  and must not conflict with specific spending policies

  2  specified in the General Appropriations Act.

  3         2.  The Chief Justice of the Supreme Court shall have

  4  the authority to establish procedures for the judicial branch

  5  to add and delete authorized positions or transfer authorized

  6  positions from one budget entity to another budget entity, and

  7  to add and delete authorized positions within the same budget

  8  entity, when such changes are consistent with legislative

  9  policy and intent and do not conflict with spending policies

10  specified in the General Appropriations Act.

11         3.a.  A state agency may be eligible to retain salary

12  dollars for authorized positions eliminated after July 1,

13  2001. The agency must certify the eliminated positions to the

14  Legislative Budget Commission.

15         b.  The Legislative Budget Commission shall authorize

16  the agency to retain 20 percent of the salary dollars

17  associated with the eliminated positions and may authorize

18  retention of a greater percentage. All such salary dollars

19  shall be used for permanent salary increases.

20         Section 35.  Effective January 1, 2202, section

21  447.001, Florida Statutes, is amended to read:

22         447.201  Statement of policy.--It is declared that The

23  public policy of this the state, and the purpose of this part,

24  is to provide statutory implementation of s. 6, Art. I of the

25  State Constitution, with respect to public employees; to

26  promote harmonious and cooperative relationships between

27  government and its employees, both collectively and

28  individually; and to protect the public by assuring, at all

29  times, the orderly and uninterrupted operations and functions

30  of government. It is the intent of the Legislature that

31  Nothing herein shall be construed either to encourage or

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  1  discourage organization of public employees. This state's

  2  public policy is These policies are best effectuated by:

  3         (1)  Granting to public employees the right of

  4  organization and representation;

  5         (2)  Requiring the state, local governments, and other

  6  political subdivisions to negotiate with bargaining agents

  7  duly certified to represent public employees;

  8         (3)  Creating a Public Employees Relations Commission

  9  to assist in resolving disputes between public employees and

10  public employers; and

11         (4)  Recognizing the constitutional prohibition against

12  strikes by public employees and providing remedies for

13  violations of such prohibition.

14         Section 36.  Effective January 1, 2002, subsections

15  (1), (3), and (4) of section 447.205, Florida Statutes, are

16  amended to read:

17         447.205  Public Employees Relations Commission.--

18         (1)  There is hereby created within the Department of

19  Labor and Employment Security The Public Employees Relations

20  Commission, hereinafter referred to as the "commission,." The

21  commission shall be composed of a chair and two full-time

22  members to be appointed by the Governor, subject to

23  confirmation by the Senate, from persons representative of the

24  public and known for their objective and independent judgment,

25  who shall not be employed by, or hold any commission with, any

26  governmental unit in the state or any employee organization,

27  as defined in this part, while in such office.  In no event

28  shall more than one appointee be a person who, on account of

29  previous vocation, employment, or affiliation, is, or has

30  been, classified as a representative of employers; and in no

31  event shall more than one such appointee be a person who, on

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  1  account of previous vocation, employment, or affiliation, is,

  2  or has been, classified as a representative of employees or

  3  employee organizations.  The commissioners shall devote full

  4  time to commission duties and shall not engage in any other

  5  business, vocation, or employment while in such office.

  6  Beginning January 1, 1980, the chair shall be appointed for a

  7  term of 4 years, one commissioner for a term of 1 year, and

  8  one commissioner for a term of 2 years. Thereafter, every term

  9  of office shall be for 4 years; and each term of the office of

10  chair shall commence on January 1 of the second year following

11  each regularly scheduled general election at which a Governor

12  is elected to a full term of office.  In the event of a

13  vacancy prior to the expiration of a term of office, an

14  appointment shall be made for the unexpired term of that

15  office. The chair shall be responsible for the administrative

16  functions of the commission and shall have the authority to

17  employ such personnel as may be necessary to carry out the

18  provisions of this part.  Once appointed to the office of

19  chair, the chair shall serve as chair for the duration of the

20  term of office of chair.  Nothing contained herein prohibits a

21  chair or commissioner from serving multiple terms.

22         (3)  The commission, in the performance of its powers

23  and duties under this part, shall not be subject to control,

24  supervision, or direction by the Department of Management

25  Services Labor and Employment Security.

26         (4)  The property, personnel, and appropriations

27  related to the commission's specified authority, powers,

28  duties, and responsibilities shall be provided to the

29  commission by the Department of Management Services Labor and

30  Employment Security.

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  1         Section 37.  Subsection (8) of s. 447.207, Florida

  2  Statutes, is amended to read:

  3         447.207  Commission; powers and duties.--

  4         (8)  Pursuant to s. 447.208, The commission or its

  5  designated agent shall hear appeals arising out of any

  6  suspension, reduction in pay, transfer, layoff, demotion, or

  7  dismissal of any permanent employee in the State Career

  8  Service System in the manner provided in s. 110.227. Written

  9  notice of any such appeal shall be filed with the commission

10  within 14 calendar days after the date on which the notice of

11  suspension, reduction in pay, transfer, layoff, demotion, or

12  dismissal is received by the employee.

13         Section 38.  Effective July 1, 2001, paragraph (a) of

14  subsection (6) of section 447.503, Florida Statutes, is

15  amended to read:

16         447.503  Charges of unfair labor practices.--It is the

17  intent of the Legislature that the commission act as

18  expeditiously as possible to settle disputes regarding alleged

19  unfair labor practices.  To this end, violations of the

20  provisions of s. 447.501 shall be remedied by the commission

21  in accordance with the following procedures and in accordance

22  with chapter 120; however, to the extent that chapter 120 is

23  inconsistent with the provisions of this section, the

24  procedures contained in this section shall govern:

25         (6)(a)  If, upon consideration of the record in the

26  case, the commission finds that an unfair labor practice has

27  been committed, it shall issue and cause to be served an order

28  requiring the appropriate party or parties to cease and desist

29  from the unfair labor practice and take such positive action,

30  including reinstatement of employees with or without back pay,

31  as will best implement the general policies expressed in this

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  1  part.  However, no order of the commission shall require the

  2  reinstatement of any individual as an employee who has been

  3  suspended or discharged, or the payment of any back pay, if

  4  the individual was suspended or discharged for reasonable

  5  cause. The order may further require the party or parties to

  6  make periodic reports showing the extent to which it has

  7  complied with the order.  If, upon consideration of the record

  8  in the case, the commission finds that an unfair labor

  9  practice has not been or is not being committed, it shall

10  issue an order dismissing the case.

11         Section 39.

12         Paragraph (a) of subsection (5) of section 447.507,

13  Florida Statutes, is amended to read:

14         447.507  Violation of strike prohibition; penalties.--

15         (5)  If the commission, after a hearing on notice

16  conducted according to rules promulgated by the commission,

17  determines that an employee has violated s. 447.505, it may

18  order the termination of his or her employment by the public

19  employer. Notwithstanding any other provision of law, a person

20  knowingly violating the provision of said section may,

21  subsequent to such violation, be appointed, reappointed,

22  employed, or reemployed as a public employee, but only upon

23  the following conditions:

24         (a)  Such person shall be on probation for a period of

25  18 6 months following his or her appointment, reappointment,

26  employment, or reemployment, during which period he or she

27  shall serve without permanent status and at the pleasure of

28  the agency head tenure. During this period, the person may be

29  discharged only upon a showing of just cause.

30         Section 40.  Subsection (13) is added to section

31  112.215, Florida Statutes, to read:

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  1         112.215  Government employees; deferred compensation

  2  program.--

  3         (13)  When permitted by federal law, the plan

  4  administrator may provide for a pretax trustee-to-trustee

  5  transfer of amounts in a participant's deferred compensation

  6  account for the purchase of prior service credit in a

  7  public-sector retirement system.

  8         Section 41.  Paragraph (d) of subsection (2) of section

  9  125.0108, Florida Statutes, is repealed.

10         Section 42.  Effective January 1, 2002, paragraph (c)

11  of subsection (3) of section 944.35, Florida Statutes, and

12  paragraph (b) of subsection (1) of section 985.4045, Florida

13  Statutes, are repealed.

14         Section 43.  Effective January 1, 2002, the Public

15  Employees Relations Commission is transferred from the

16  Department of Labor and Employment Security to the Department

17  of Management Services. The Public Employees Relations

18  Commission shall have all its statutory powers, duties, and

19  functions, as otherwise provided for in this act, transferred

20  to the Department of Management Services. All of the Public

21  Employees Relations Commission's records, personnel, property,

22  and unexpended balances of appropriations, allocations, or

23  other funds are transferred to the Department of Management

24  Services effective January 1, 2002.

25         Section 44.  The Department of Management Services

26  shall adopt rules as necessary to effectuate the provisions of

27  chapter 110, Florida Statutes, as created by this act, and in

28  accordance with the authority granted to the department in

29  chapter 110, Florida Statutes. All existing rules relating to

30  chapter 110, Florida Statutes, are statutorily repealed

31  January 1, 2002, unless otherwise readopted.

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  1         Section 45.  The Department of Management Services

  2  shall develop a performance agreement between the management

  3  employees and their agency head that will specify the

  4  performance measures and levels of performance expected. A

  5  portion of the management employee's salary, at least 5

  6  percent but not greater than 10 percent, shall be paid upon

  7  achievement of the performance expectations. No bonus shall be

  8  paid to any management employee on the basis of team

  9  achievement unless it is equitably allocated among affected

10  line staff.

11         Section 46.  Section 110.1315, Florida Statutes, is

12  created to read:

13         110.1315  Alternative benefits; other-personal-services

14  employees.--Upon review and recommendation of the department

15  and approval of the Governor, the department may contract for

16  the implementation of an alternative retirement income

17  security program for eligible temporary and seasonal employees

18  of the state which is funded from appropriations for other

19  personal services. The contract may provide for a private

20  vendor or vendors to administer the program under a

21  defined-contribution plan under ss. 401(a) and 403(b) or 457

22  of the Internal Revenue Code, and the program must provide

23  retirement benefits as required under s. 3121(b)(7)(F) of the

24  Internal Revenue Code. The department may develop a request

25  for proposals and solicit qualified vendors to compete for the

26  award of the contract. A vendor shall be elected on the basis

27  of the plan that best serves the interest of the participating

28  employees and the state. The proposal must comply with all

29  necessary federal and state laws and rules and receive

30  favorable determination letters from the Internal Revenue

31  Service prior to implementation.

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  1         Section 47.  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).

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  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 a joint select committee to

12  review the position of the parties and render a recommended

13  resolution of all issues at impasse. The recommended

14  resolution shall be returned by the joint select committee to

15  the presiding officers not later than 20 days prior to the

16  date upon which the legislative session is scheduled to

17  commence. During the legislative session, the legislature

18  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).

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  1         Section 48.  Subsection (6) of section 216.163, Florida

  2  Statutes, 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 49.  Except as otherwise expressly provided in

17  this act, this act shall take effect upon becoming a law.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 466

  3

  4  The Committee Substitute completely revises the original bill
    to make significant changes to the Career Service System for
  5  State of Florida employees. It expands the number and types of
    positions exempted from civil service protections; shortens
  6  the review process for disciplinary cases; provides extra
    compensation for employees on the basis of individual and team
  7  achievement; repeals the layoff practice of "bumping" in which
    preference for retention in times of cutback management is
  8  based on the accumulation of points; changes the employer
    disciplinary standard for non-public safety employees from
  9  just cause to reasonable cause, and defines that term;
    implements an alternative retirement benefit program for
10  casual labor employees; provides for training and management
    development programs; implements on a statewide basis a
11  revised "broad-banding" classification plan which permits
    employees to receive extra compensation without being
12  promoted; reduces leave accumulations for senior management
    service employees; transfers the Public Employees Relations
13  Commission from the Department of Labor and Employment
    Security to the Department of Management Services; repeals
14  provisions authorizing appointment of a a special master or
    mediator in labor agreement impasses and revises the
15  legislative impasse procedures; permits an
    end-of-calendar-year redemption of annual leave by Career
16  Service employees; permits state agencies to retain a
    percentage of salaries of abolished positions for subsequent
17  salary increases; and increases the probationary period for
    employees from six months to one year.
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