Senate Bill sb0466e3

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    CS for SB 466                                  Third Engrossed



  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 and 110.109, F.S., relating to

  8         personnel pilot projects, productivity

  9         improvement, and personnel audits of executive

10         branch agencies; amending s. 110.1091, F.S.;

11         revising provisions relating to programs to

12         assist state employees; repealing s. 110.1095,

13         F.S., relating to supervisory and management

14         training and continuing education for executive

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

16         revising provisions relating to education and

17         training opportunities for state employees;

18         including courses at public community colleges

19         and technical centers; providing for funding;

20         amending s. 110.1127, F.S., relating to

21         security background checks for certain state

22         employee positions; amending s. 110.113, F.S.;

23         requiring all state employees except those who

24         receive an exemption to participate in the

25         direct deposit program; amending s. 110.1245,

26         F.S.; providing for a savings sharing program

27         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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    CS for SB 466                                  Third Engrossed



  1         revising the amount of certain awards;

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

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

  4         F.S., relating to 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 "layoff"; defining

15         "firefighter," "law enforcement or correctional

16         officer," and "professional health care

17         provider"; creating s. 110.2035, F.S.;

18         requiring the Department of Management Services

19         to develop a classification and compensation

20         program for certain employees; providing

21         requirements for the program; requiring that

22         the department submit a proposed plan to the

23         Governor and the Legislature; requiring the

24         department to adopt rules establishing

25         guidelines relating to specified pay additives

26         and providing duties of agencies with respect

27         thereto; amending s. 110.205, F.S.; revising

28         the positions that are exempt from the Career

29         Service System and providing additional exempt

30         positions; providing for carrying leave

31         forward; repealing ss. 110.207 and 110.209,


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    CS for SB 466                                  Third Engrossed



  1         F.S., which provide for establishment of

  2         uniform classification and pay plans; amending

  3         s. 110.211, F.S.; revising requirements

  4         relating to recruitment and responsibility

  5         therefor and authorizing assistance by

  6         contracted vendors; removing a requirement for

  7         model recruitment rules; amending s. 110.213,

  8         F.S.; revising requirements relating to

  9         selection and responsibility therefor;

10         requiring a probationary period for new

11         employees; removing a requirement for model

12         selection rules; amending s. 110.219, F.S.;

13         providing requirements for leave benefits for

14         Senior Management Service employees; providing

15         for a year-end payout of annual leave to

16         specified employees under specified

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

18         providing for a public employee performance

19         evaluation system; providing requirements for

20         the system; authorizing the department to adopt

21         rules; amending s. 110.227, F.S.; prohibiting

22         "bumping"; providing certain exceptions;

23         providing requirements relating to

24         implementation of layoffs and revising

25         application of existing provisions prescribing

26         layoff procedures; revising the definition of

27         cause, for which a career service employee may

28         be suspended or dismissed; revising certain

29         agency head duties; providing procedures for

30         the grievance process and specifying actions

31         subject to such process; revising notice


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    CS for SB 466                                  Third Engrossed



  1         requirements; providing procedures for appeals

  2         to the Public Employees Relations Commission

  3         and specifying actions subject to such appeal;

  4         providing requirements with respect to certain

  5         review of suspensions, dismissals, demotions,

  6         or reductions in pay; amending s. 110.233,

  7         F.S.; conforming language; amending s. 110.235,

  8         F.S.; requiring state agencies to implement

  9         training programs; amending s. 110.401, F.S.,

10         relating to a declaration of policy; amending

11         s. 110.403, F.S.; providing requirements for

12         the professional development program for the

13         Senior Management Service; increasing the

14         number of authorized positions within the

15         Senior Management Service; amending s. 110.601,

16         F.S., relating to a declaration of policy;

17         amending s. 110.602, F.S.; eliminating a

18         limitation on the number of authorized

19         positions within the Selected Exempt Service;

20         amending s. 110.605, F.S., relating to

21         maintenance of records and reports; amending s.

22         110.606, F.S.; correcting language; amending

23         ss. 288.708 and 440.4416, F.S.; correcting

24         references and conforming language; amending s.

25         216.262, F.S.; providing that the Legislative

26         Budgeting Commission may authorize a state

27         agency to retain moneys associated with

28         eliminated positions under certain

29         circumstances and providing for use of such

30         moneys; amending s. 447.201, F.S., relating to

31         public policy with respect to public employees;


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  1         amending s. 447.205, F.S.; conforming language;

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

  3         of the Public Employees Relations Commission to

  4         hear certain appeals; amending s. 447.208,

  5         F.S.; conforming language; amending procedures

  6         for specified appeals; amending s. 447.507,

  7         F.S.; revising requirements for the probation

  8         served by certain public employees who have

  9         violated the strike prohibition; amending s.

10         112.215, F.S.; authorizing certain pretax

11         trustee-to-trustee transfer of deferred

12         compensation accounts; transferring the Public

13         Employees Relations Commission from the

14         Department of Labor and Employment Security to

15         the Department of Management Services;

16         transferring powers, duties, functions, rules,

17         records, personnel, property, and unexpended

18         balances; providing for the commission's

19         independence under specified circumstances;

20         requiring the department to adopt rules and

21         providing for repeal of certain rules; creating

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

23         to contract for an alternative retirement

24         income security program for temporary and

25         seasonal employees; providing requirements for

26         selecting a vendor; amending s. 447.403, F.S.;

27         revising requirements for resolving an impasse

28         in collective bargaining negotiations;

29         prohibiting the appointment of a mediator if

30         the Governor is the employer; requiring notice

31         to the Legislature when an impasse exists;


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  1         providing for appointment of a joint select

  2         committee to recommend resolution; providing

  3         for legislative action; amending s. 216.163,

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

  5         bargaining negotiations; removing a requirement

  6         that the Governor furnish certain documentation

  7         to legislative appropriations committees;

  8         authorizing the department to develop

  9         tax-sheltered plans for state employees

10         eligible for payment for accumulated leave;

11         providing requirements with respect thereto;

12         authorizing the department to contract for a

13         tax-sheltered plan for leave and special

14         compensation pay for certain employees;

15         creating a Career Service Advisory Group;

16         providing for appointment and qualifications of

17         members; providing its duties; providing for

18         expiration; providing an appropriation;

19         providing for severability; providing effective

20         dates.

21

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

23

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

25  20.23, Florida Statutes, is amended to read:

26         20.23  Department of Transportation.--There is created

27  a Department of Transportation which shall be a decentralized

28  agency.

29         (3)

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

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


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    CS for SB 466                                  Third Engrossed



  1  auditing standards related to independence and objectivity,

  2  the inspector general shall be appointed to a position within

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

  4  with the concurrence of the Transportation Commission.  In

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

  6  technical and administrative skills necessary to comply with

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

  8  the inspector general to a classification level within the

  9  Career Service System that is equivalent to that provided for

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

11  organizationally located within another unit of the department

12  for administrative purposes, but shall function independently

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

14  20.055. The duties of the inspector general shall include, but

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

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

17  and other operations of the department and recommending

18  changes for the improvement thereof, as well as performing

19  audits of contracts and agreements between the department and

20  private entities or other governmental entities. The inspector

21  general shall give priority to reviewing major parts of the

22  department's accounting system and central office monitoring

23  function to determine whether such systems effectively ensure

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

25  and procedures applicable to the operation of the department.

26  The inspector general shall also give priority to assessing

27  the department's management information systems as required by

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

29  necessary expertise, in particular, engineering, financial,

30  and property appraising expertise, to independently evaluate

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


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  1  inspector general shall have access at all times to any

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

  3  department and shall determine the methods and procedures

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

  5  general is responsible for audits of departmental operations

  6  and for audits of consultant contracts and agreements, and

  7  such audits shall be conducted in accordance with generally

  8  accepted governmental auditing standards.  The inspector

  9  general shall annually perform a sufficient number of audits

10  to determine the efficiency and effectiveness, as well as

11  verify the accuracy of estimates and charges, of contracts

12  executed by the department with private entities and other

13  governmental entities.  The inspector general has the sole

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

15  copy of each report containing his or her findings and

16  recommendations shall be furnished directly to the secretary

17  and the commission.

18         2.  In addition to the authority and responsibilities

19  herein provided, the inspector general is required to report

20  to the:

21         a.  Secretary whenever the inspector general makes a

22  preliminary determination that particularly serious or

23  flagrant problems, abuses, or deficiencies relating to the

24  administration of programs and operations of the department

25  have occurred. The secretary shall review and assess the

26  correctness of the preliminary determination by the inspector

27  general. If the preliminary determination is substantiated,

28  the secretary shall submit such report to the appropriate

29  committees of the Legislature within 7 calendar days, together

30  with a report by the secretary containing any comments deemed

31  appropriate.  Nothing in this section shall be construed to


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  1  authorize the public disclosure of information which is

  2  specifically prohibited from disclosure by any other provision

  3  of law.

  4         b.  Transportation Commission and the Legislature any

  5  actions by the secretary that prohibit the inspector general

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

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

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

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

10  the Transportation Commission and the Legislature the reasons

11  for his or her actions.

12         Section 2.  Sections 110.108 and 110.109, Florida

13  Statutes, are repealed.

14         Section 3.  Section 110.1091, Florida Statutes, is

15  amended to read:

16         110.1091  Program for assisting state employees;

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

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

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

20  or emotional difficulty that which affects their the

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

22  therapy, or other professional treatment. Each employing state

23  agency may designate community diagnostic and referral

24  resources as necessary to implement the provisions of this

25  section.  Any communication between a state employee and

26  personnel or service providers of a state employee assistance

27  program relative to the employee's participation in the

28  program shall be a confidential communication. Any routine

29  monitoring of telephone calls by the state agency does not

30  violate this provision. All records relative to that

31  participation shall be confidential and exempt from the


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

  2  Constitution. This section is subject to the Open Government

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

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

  5  saved from repeal through reenactment by the Legislature.

  6         Section 4.  Section 110.1095, Florida Statutes, is

  7  repealed.

  8         Section 5.  Effective July 1, 2001, section 110.1099,

  9  Florida Statutes, is amended to read:

10         110.1099  Education and training opportunities for

11  state employees.--

12         (1)  Education and training are an integral component

13  in improving the delivery of services to the public.

14  Recognizing that the application of productivity-enhancing

15  technology and practice demands demand continuous educational

16  and training opportunities, a state employee employees may be

17  authorized to receive a voucher or grant, for matriculation

18  fees, fundable tuition waivers on a space-available basis or

19  vouchers to attend work-related courses at public community

20  colleges, public technical centers, or public universities.

21  Student credit hours generated by state employee fee waivers

22  shall be fundable credit hours. The department may implement

23  the provisions of this section from funds appropriated to the

24  department for this purpose. In the event insufficient funds

25  are appropriated to the department, each state agency may

26  supplement these funds to support the training and education

27  needs of its employees from funds appropriated to the agency.

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

29  shall request that public universities such institutions

30  provide evening and weekend programs for state employees. When

31  evening and weekend training and educational programs are not


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  1  available, an employee employees may be authorized to take

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

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

  4  110.105(1), if such training benefits the employer as

  5  determined by that employee's agency head.

  6         (3)  An employee Employees who exhibits exhibit

  7  superior aptitude and performance may be authorized by that

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

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

10  approved work-related education and training. That employee

11         (4)  Such employees must enter into a contract

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

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

14  and benefits paid during his or her their educational leave

15  leaves of absence.

16         (5)  The Department of Management Services, in

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

18  Florida's public postsecondary educational institutions, shall

19  adopt rules to implement and administer this section.

20         (4)(6)  As a precondition to approving an employee's

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

22  an employee to enter into an agreement that requires the

23  employee to reimburse the agency or judicial branch for the

24  registration fee or similar expense for any training or

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

26  exceeds $1,000 if the employee voluntarily terminates

27  employment or is discharged for cause from the agency or

28  judicial branch within a specified period of time not to

29  exceed exceeding 4 years after the conclusion of the training.

30  This subsection does not apply to any training program that an

31  agency or the judicial branch requires an the employee to


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  1  attend. An agency or the judicial branch may pay the

  2  outstanding balance then due and owing on behalf of a state

  3  employee under this subsection in connection with recruitment

  4  and hiring of such state employee.

  5         (5)  The Department of Management Services, in

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

  7  with Florida's public community colleges, public technical

  8  centers, and public universities, shall adopt rules to

  9  administer this section.

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

11  Statutes, is amended to read:

12         110.1127  Employee security checks.--

13         (1)  Each employing agency shall designate those

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

15  because of the special trust or responsibility or sensitive

16  location of those such positions, require that persons

17  occupying those such positions be subject to a security

18  background check, including fingerprinting, as a condition of

19  employment.

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

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

22         110.113  Pay periods for state officers and employees;

23  salary payments by direct deposit.--

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

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

26  required to participate in the direct deposit program pursuant

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

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

29  subsequently receive promotion appointments, transfers, or

30  other changes in positions within the same personnel system

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


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  1  the provisions of this subsection when such employee can

  2  demonstrate a hardship or when such employee is in an

  3  other-personal-services position.

  4         Section 8.  Section 110.1245, Florida Statutes, is

  5  amended to read:

  6         110.1245  Savings sharing program; bonus payments;

  7  other awards Meritorious service awards program.--

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

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

10  promote a savings sharing program for an individual or group

11  of employees who propose procedures or ideas that are adopted

12  and that result in eliminating or reducing state expenditures,

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

14  under current statutory authority. of meritorious service

15  awards, incentives, and recognition to employees who:

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

17  which will result in increasing productivity, in eliminating

18  or reducing state expenditures or improving operations, or in

19  generating additional revenues, provided such proposals are

20  placed in effect and can be implemented under current

21  statutory authority; or

22         (b)  Each agency head shall recommend employees

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

24  which amount shall be directly related to the cost savings

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

26  approved by the Legislative Budgeting Commission. By their

27  superior accomplishments, make exceptional contributions to

28  the efficiency, economy, or other improvement in the

29  operations of the state government.

30         (c)  Each Every state agency, unless otherwise provided

31  by law, may shall participate in the program.  The Chief


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  1  Justice shall have the authority to establish a savings

  2  sharing meritorious service awards program for employees of

  3  the judicial branch within the parameters established in this

  4  section.  The component of the program specified in paragraph

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

  6  System, the Selected Exempt Service System, and comparable

  7  employees within the judicial branch.  The component of the

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

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

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

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

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

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

14  from the appropriation available to the judicial branch or

15  state agency affected by the award or from any specific

16  appropriation therefor.  No award granted under the component

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

18  plus applicable taxes per individual employee. The judicial

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

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

21  not exceed the limits specified in this subsection.  In

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

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

24  other tokens of recognition of meritorious service to an

25  employee eligible for recognition under either component of

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

27  $100 each plus applicable taxes.

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

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

30  of the House of Representatives information that outlines each

31  agency's level of participation in the savings sharing


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  1  meritorious service awards program.  The information shall

  2  must include, but is not limited to:

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

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

  5  employees or groups for adopted proposals.

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

  7  implementing employee or group proposals.

  8         4.  The number of employees or groups recognized for

  9  superior accomplishments.

10         (d)  Total expenditures incurred by the agency for

11  providing awards to employees for adopted proposals.

12         (e)  The number of employees recognized for superior

13  accomplishments.

14         (f)  The number of employees recognized for

15  satisfactory service to the state.

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

17  employees from funds authorized by the Legislature in an

18  appropriation specifically for bonuses. Each agency shall

19  develop a plan for awarding lump-sum bonuses, which plan shall

20  be submitted no later than September 15 of each year and

21  approved by the Office of Policy and Budget in the Executive

22  Office of the Governor. Such plan shall include, at a minimum,

23  but is not limited to:

24         (a)  A statement that bonuses are subject to specific

25  appropriation by the Legislature.

26         (b)  Eligibility criteria as follows:

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

28  1 of that fiscal year and have been continuously employed

29  through the date of distribution.

30

31


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

  2  pay consecutively for more than 6 months during the fiscal

  3  year.

  4         3.  The employee must have had no sustained

  5  disciplinary action during the period beginning July 1 through

  6  the date the bonus checks are distributed. Disciplinary

  7  actions include written reprimands, suspensions, dismissals,

  8  and involuntary or voluntary demotions that were associated

  9  with a disciplinary action.

10         4.  The employee must have demonstrated a commitment to

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

12  continually improving the way business is conducted, producing

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

14  improve processes.

15         5.  The employee must have demonstrated initiative in

16  work and have exceeded normal job expectations.

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

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

19  commitment, honesty, excellence, and teamwork.

20         (c)  A periodic evaluation process of the employee's

21  performance.

22         (d)  Peer input to account for at least 40 percent of

23  the bonus award determination.

24         (e)  A division of the agency by work unit for purposes

25  of peer input and bonus distribution.

26         (f)  A limitation on bonus distributions equal to 35

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

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

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

30  exceptional circumstances.

31


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  1         (3)  Each department head is authorized to incur

  2  expenditures to award suitable framed certificates, pins, and

  3  other tokens of recognition to retiring state employees whose

  4  service with the state has been satisfactory, in appreciation

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

  6  excess of $100 each plus applicable taxes.

  7         (4)  Each department head is authorized to incur

  8  expenditures to award suitable framed certificates, pins, or

  9  other tokens of recognition to state employees who have

10  achieved increments of 5 years of satisfactory service in the

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

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

13  each plus applicable taxes.

14         (5)  Each department head is authorized to incur

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

16  suitable framed certificates, plaques, or other tokens of

17  recognition to any appointed member of a state board or

18  commission whose service to the state has been satisfactory,

19  in appreciation and recognition of such service upon the

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

21  such position.

22         Section 9.  Section 110.1246, Florida Statutes, is

23  repealed.

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

25  110.129, Florida Statutes, are amended to read:

26         110.129  Services to political subdivisions.--

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

28  formal agreement agreements with any municipality or political

29  subdivision of the state to furnish technical assistance to

30  improve the system or methods of personnel administration of

31  that such municipality or political subdivision.  The


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  1  department shall provide such assistance within the

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

  3  All municipalities and political subdivisions of the state are

  4  authorized to enter into such agreements.

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

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

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

  8  cover such subjects as management and personnel systems,

  9  central administrative and support services, employee

10  training, and employee productivity.

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

12  section 110.131, Florida Statutes, is amended to read:

13         110.131  Other-personal-services temporary

14  employment.--

15         (2)  An agency may employ any qualified individual in

16  other-personal-services temporary employment for 1,040 hours

17  within any 12-month period. An extension beyond a total of

18  1,040 hours within an agency for any individual requires a

19  recommendation by the approval of the agency head and approval

20  by the Executive Office of the Governor or a designee.

21  Approval of extensions shall be made in accordance with

22  criteria established by the department.  Each agency shall

23  maintain employee information as specified by the department

24  regarding each extension of other-personal-services temporary

25  employment.  The time limitation established by this

26  subsection does not apply to board members, consultants,

27  seasonal employees, institutional clients employed as part of

28  their rehabilitation, or bona fide, degree-seeking students in

29  accredited secondary or postsecondary educational programs,

30  employees hired to deal with an emergency situation that

31  affects the public health, safety, or welfare, or employees


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  1  hired for a project that is identified by a specific

  2  appropriation or time-limited grant.

  3         Section 12.  Subsections (11), (18), and (19) of

  4  section 110.203, Florida Statutes, are amended to read:

  5         110.203  Definitions.--For the purpose of this part and

  6  the personnel affairs of the state:

  7         (11)  "Pay plan" means a formal description of the

  8  philosophy, methods, procedures, and salary schedules schedule

  9  for competitively compensating employees at market-based rates

10  for work performed.

11         (18)  "Promotion" means the changing of the

12  classification of an employee to a class having a higher

13  maximum salary; or the changing of the classification of an

14  employee to a class having the same or a lower maximum salary

15  but a higher level of responsibility as determined by the

16  Department of Management Services.

17         (19)  "Demotion" means the changing of the

18  classification of an employee to a class having a lower

19  maximum salary; or the changing of the classification of an

20  employee to a class having the same or a higher maximum salary

21  but a lower level of responsibility as determined by the

22  Department of Management Services.

23         Section 13.  Effective July 1, 2001, subsections (22),

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

25  amended, and subsections (28), (29), and (30) are added to

26  said section, to read:

27         110.203  Definitions.--For the purpose of this part and

28  the personnel affairs of the state:

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

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

31


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

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

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

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

  5  temporarily relieve the employee of his or her duties and

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

  7  standards or for cause pursuant to s. 110.227.

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

  9  abolishment of positions necessitated by a shortage of funds

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

11  an agency, including the outsourcing or privatization of an

12  activity or function previously performed by career service

13  employees.

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

15  chapter 633.

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

17  law enforcement officer, special agent, correctional officer,

18  correctional probation officer, or institutional security

19  specialist required to be certified under chapter 943.

20         (30)  "Professional health care provider" means

21  registered nurses licensed under chapter 464, dentists

22  licensed under chapter 466, psychologists licensed under

23  chapter 490 or chapter 491, nutritionists or dietitians

24  licensed under part X of chapter 468, pharmacists licensed

25  under chapter 465, psychological specialists licensed under

26  chapter 491, physical therapists licensed under chapter 486,

27  and speech therapists licensed under part I of chapter 468.

28         Section 14.  Section 110.2035, Florida Statutes, is

29  created to read:

30         110.2035  Classification and compensation program.--

31


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  1         (1)  The Department of Management Services, in

  2  consultation with the Executive Office of the Governor and the

  3  Legislature, shall develop a classification and compensation

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

  5  agencies and shall address Career Service, Select Exempt

  6  Service, and Senior Management Service classes.

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

  8         (a)  A position classification system using no more

  9  than 50 occupational groups and up to a 6-class series

10  structure for each occupation within an occupational group.

11  Additional occupational groups may be established only by the

12  Executive Office of the Governor after consultation with the

13  Legislature.

14         (b)  A pay plan that shall provide broad-based salary

15  ranges for each occupational group.

16         (3)  The following goals shall be considered in

17  designing and implementing the program:

18         (a)  The classification system must significantly

19  reduce the need to reclassify positions due to work assignment

20  and organizational changes by decreasing the number of

21  classification changes required.

22         (b)  The classification system must establish

23  broad-based classes allowing flexibility in organizational

24  structure and must reduce the levels of supervisory classes.

25         (c)  The classification system and pay plan must

26  emphasize pay administration and job-performance evaluation by

27  management rather than emphasize use of the classification

28  system to award salary increases.

29         (d)  The pay administration system must contain

30  provisions to allow managers the flexibility to move employees

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  1  through the pay ranges and provide for salary increase

  2  additives and lump-sum bonuses.

  3         (4)  The classification system shall be structured such

  4  that each confidential, managerial, and supervisory employee

  5  shall be included in the Selected Exempt Service, in

  6  accordance with part V of this chapter.

  7         (5)  The Department of Management Services shall submit

  8  the proposed design of the classification and compensation

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

10  officers of the Legislature, and the appropriate legislative

11  fiscal and substantive standing committees on or before

12  December 1, 2001.

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

14  guidelines with respect to, and shall delegate to the

15  employing agencies, where appropriate, the authority to

16  administer the following:

17         (a)  Shift differentials.

18         (b)  On-call fees.

19         (c)  Hazardous-duty pay.

20         (d)  Advanced appointment rates.

21         (e)  Salary increase and decrease corrections.

22         (f)  Lead-worker pay.

23         (g)  Temporary special duties pay.

24         (h)  Trainer-additive pay.

25         (i)  Competitive area differentials.

26         (j)  Coordinator pay.

27         (k)  Critical market pay.

28

29  The employing agency must use such pay additives as are

30  appropriate within the guidelines established by the

31  department and shall advise the department in writing of the


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  1  plan for implementing such pay additives prior to the

  2  implementation date. Any action by an employing agency to

  3  implement temporary special duties pay, competitive area

  4  differentials, or critical market pay may be implemented only

  5  after the department has reviewed and recommended such action;

  6  however, an employing agency may use temporary special duties

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

  8  The department shall annually provide a summary report of the

  9  pay additives implemented pursuant to this section.

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

11  Statutes, is amended, and subsection (7) is added to said

12  section, to read:

13         110.205  Career service; exemptions.--

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

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

16  that no position, except for positions established for a

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

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

19  service:

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

21  popular vote and persons appointed to fill vacancies in such

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

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

24  department shall be set by the department in accordance with

25  the rules of the Senior Management Service.

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

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

28  employees of the Florida Public Service Commission.

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

30  judicial branch.

31


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

  2  System and the Correctional Education Program within the

  3  Department of Corrections, and the academic personnel and

  4  academic administrative personnel of the Florida School for

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

  6  chapter 242, the salaries for academic personnel and academic

  7  administrative personnel of the Florida School for the Deaf

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

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

10  Education. The salaries for all instructional personnel and

11  all administrative and noninstructional personnel of the

12  Correctional Education Program shall be set by the Department

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

14  Management Services.

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

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

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

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

19  the Senior Management Service.

20         (f)  Judges, referees, and receivers.

21         (g)  Patients or inmates in state institutions.

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

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

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

25  other-personal-services appropriation.  Unless otherwise fixed

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

27  set in accordance with rules established by the employing

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

29  110.131.

30         (i)  The appointed secretaries, assistant secretaries,

31  deputy secretaries, and deputy assistant secretaries of all


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  1  departments; the executive directors, assistant executive

  2  directors, deputy executive directors, and deputy assistant

  3  executive directors of all departments; and the directors of

  4  all divisions and those positions determined by the department

  5  to have managerial responsibilities comparable to such

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

  7  program directors, assistant program directors, district

  8  administrators, deputy district administrators, the Director

  9  of Central Operations Services of the Department of Children

10  and Family Services, and the State Transportation Planner,

11  State Highway Engineer, State Public Transportation

12  Administrator, district secretaries, district directors of

13  planning and programming, production, and operations, and the

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

15  Department of Transportation.  Unless otherwise fixed by law,

16  the department shall set the salary and benefits of these

17  positions in accordance with the rules of the Senior

18  Management Service.

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

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

21  secretary, assistant secretary, deputy secretary, executive

22  director, assistant executive director, and deputy executive

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

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

25  and benefits of these positions in accordance with the rules

26  of the Selected Exempt Service.

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

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

29  and employees within each separate budget entity, as defined

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

31


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

  2  be set by the department as follows:

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

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

  5  chief inspector general, Director of Cabinet Affairs, Director

  6  of Press Relations, Director of Planning and Budgeting,

  7  director of administration, director of state-federal

  8  relations, Director of Appointments, Director of External

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

10  Community Development, Chief of Staff for the Lieutenant

11  Governor, Deputy Director of Planning and Budgeting, policy

12  coordinators, and the director of each separate budget entity

13  shall have their salaries and benefits established by the

14  department in accordance with the rules of the Senior

15  Management Service.

16         2.  The salaries and benefits of positions not

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

18  employing agency. Salaries and benefits of employees whose

19  professional training is comparable to that of licensed

20  professionals under paragraph (q), or whose administrative

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

22  the Selected Exempt Service. The department shall make the

23  comparability determinations. Other employees shall have

24  benefits set comparable to legislative staff, except leave

25  shall be comparable to career service as if career service

26  employees.

27         (l)  All assistant division director, deputy division

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

29  those positions determined by the department to have

30  managerial responsibilities comparable to such positions,

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


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  1  the Department of Health, the Department of Children and

  2  Family Services, and the Department of Corrections that are

  3  assigned primary duties of serving as the superintendent or

  4  assistant superintendent, or warden or assistant warden, of an

  5  institution; positions in the Department of Corrections that

  6  are assigned primary duties of serving as the circuit

  7  administrator or deputy circuit administrator; positions in

  8  the Department of Transportation that are assigned primary

  9  duties of serving as regional toll managers and managers of

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

11  in the Department of Environmental Protection that are

12  assigned the duty of an Environmental Administrator or program

13  administrator; those positions described in s. 20.171 as

14  included in the Senior Management Service; and positions in

15  the Department of Health that are assigned the duties of

16  Environmental Administrator, Assistant County Health

17  Department Director, and County Health Department Financial

18  Administrator. Unless otherwise fixed by law, the department

19  shall set the salary and benefits of these positions in

20  accordance with the rules established for the Selected Exempt

21  Service.

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

23  other paragraphs of this subsection, each department head may

24  designate a maximum of 20 policymaking or managerial

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

26  Administration Commission, as being exempt from the Career

27  Service System. Career service employees who occupy a position

28  designated as a position in the Selected Exempt Service under

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

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

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


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  1  department shall set the salary and benefits of these

  2  positions in accordance with the rules of the Selected Exempt

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

  4  that the general counsel, chief Cabinet aide, public

  5  information administrator or comparable position for a Cabinet

  6  officer, inspector general, or legislative affairs director

  7  has both policymaking and managerial responsibilities and if

  8  the department determines that any such position has both

  9  policymaking and managerial responsibilities, the salary and

10  benefits for each such position shall be established by the

11  department in accordance with the rules of the Senior

12  Management Service.

13         b.  In addition, each department may designate one

14  additional position in the Senior Management Service if that

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

16  in the Senior Management Service and if any additional costs

17  are absorbed from the existing budget of that department.

18         2.  If otherwise exempt, employees of the Public

19  Employees Relations Commission, the Commission on Human

20  Relations, and the Unemployment Appeals Commission, upon the

21  certification of their respective commission heads, may be

22  provided for under this paragraph as members of the Senior

23  Management Service, if otherwise qualified.  However, the

24  deputy general counsels of the Public Employees Relations

25  Commission shall be compensated as members of the Selected

26  Exempt Service.

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

28  general counsel, official reporters, and division directors

29  within the Public Service Commission and the personal

30  secretary and personal assistant to each member of the Public

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


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    CS for SB 466                                  Third Engrossed



  1  and benefits of the executive director, deputy executive

  2  directors, general counsel, Director of Administration,

  3  Director of Appeals, Director of Auditing and Financial

  4  Analysis, Director of Communications, Director of Consumer

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

  6  Processing, Director of Legal Services, Director of Records

  7  and Reporting, Director of Research, and Director of Water and

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

  9  rules of the Senior Management Service. The salary and

10  benefits of the personal secretary and the personal assistant

11  of each member of the commission and the official reporters

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

13  the Selected Exempt Service, notwithstanding any salary

14  limitations imposed by law for the official reporters.

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

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

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

18  Department of Military Affairs in accordance with the

19  appropriate military pay schedule.

20         2.  The military police chiefs, military police

21  officers, firefighter trainers, firefighter-rescuers, and

22  electronic security system technicians shall have salary and

23  benefits the same as career service employees.

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

25  district program managers, district program coordinators,

26  district subdistrict administrators, district administrative

27  services directors, district attorneys, and the Deputy

28  Director of Central Operations Services of the Department of

29  Children and Family Services and the county health department

30  directors and county health department administrators of the

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


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  1  department shall establish the salary range and benefits for

  2  these positions in accordance with the rules of the Selected

  3  Exempt Service.

  4         (q)  All positions not otherwise exempt under this

  5  subsection which require as a prerequisite to employment:

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

  7  an osteopathic physician pursuant to chapter 459, licensure as

  8  a chiropractic physician pursuant to chapter 460, including

  9  those positions which are occupied by employees who are

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

11  an engineer pursuant to chapter 471, which are supervisory

12  positions except for such positions in the Department of

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

14  prerequisite to employment that the employee have received the

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

16  accredited by the American Bar Association and thereafter

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

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

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

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

21  and benefits for these positions in accordance with the rules

22  established for the Selected Exempt Service.

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

24  of Statewide Prosecution of the Department of Legal Affairs

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

26  Affairs shall set the salary of these positions.

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

28  established within the Department of Business and Professional

29  Regulation or the Department of Health. Unless otherwise fixed

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

31


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  1  for these positions in accordance with the rules established

  2  for the Selected Exempt Service.

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

  4  Administration. The State Board of Administration shall set

  5  the salaries and benefits of these positions.

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

  7  state employee lease agreement expressly authorized by the

  8  Legislature pursuant to s. 110.191.

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

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

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

12  majority of their time communicating with, motivating,

13  training, and evaluating employees, and planning and directing

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

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

16  or discipline subordinate employees or effectively recommend

17  such action, including all employees serving as supervisors,

18  administrators, and directors. Excluded are employees also

19  designated as special risk or special risk administrative

20  support, attorneys who serve as administrative law judges

21  pursuant to s. 120.65 or for hearings conducted pursuant to s.

22  120.57(1)(a). Additionally, registered nurses licensed under

23  chapter 464, dentists licensed under chapter 466,

24  psychologists licensed under chapter 490 or chapter 491,

25  nutritionists or dietitians licensed under part X of chapter

26  468, pharmacists licensed under chapter 465, psychological

27  specialists licensed under chapter 491, physical therapists

28  licensed under chapter 486, and speech therapists licensed

29  under part I of chapter 468 are excluded, unless otherwise

30  collectively bargained.

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

  2  transferred or otherwise moves from the Career Service System

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

  4  annual leave, unused sick leave, and unused compensatory leave

  5  shall carry forward with the employee.

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

  7  and 110.209, Florida Statutes, are repealed.

  8         Section 17.  Section 110.211, Florida Statutes, is

  9  amended to read:

10         110.211  Recruitment.--

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

12  manner that assures open competition based upon current and

13  projected employing agency needs, taking into consideration

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

15  market conditions, with special emphasis placed on recruiting

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

17  underrepresented in the workforce of the employing agency.

18         (2)  Recruiting efforts to fill current or projected

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

20  agency head the responsibility of the employing agency.

21         (3)  Recruiting shall seek efficiency in advertising

22  and may be assisted by a contracted vendor responsible for

23  maintenance of the personnel data. The department shall

24  provide for executive-level recruitment and a recruitment

25  enhancement program designed to encourage individuals to seek

26  employment with state government and to promote better public

27  understanding of the state as an employer.

28         (4)  An application for a publicly announced vacancy

29  must be made directly to the employing agency.

30         (4)(5)  All recruitment literature printed after July

31  1, 1979, involving state position vacancies shall contain the


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  1  phrase "An Equal Opportunity Employer/Affirmative Action

  2  Employer."

  3         (6)  The department shall develop model recruitment

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

  5  must be approved by the Administration Commission before their

  6  adoption by the department. Employing agencies electing to

  7  adopt recruitment rules that are inconsistent with the model

  8  rules must consult with and submit such rules to the

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

10  the Administration Commission before their adoption by the

11  employing agencies.

12         Section 18.  Section 110.213, Florida Statutes, is

13  amended to read:

14         110.213  Selection.--

15         (1)  The department shall have the responsibility for

16  determining guidelines for selection procedures to be utilized

17  by the employing agencies.

18         (2)  Any selection procedure utilized in state

19  employment shall be designed to provide maximum validity,

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

21  analysis to ensure job relatedness; and shall measure the

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

23  job.

24         (1)(3)  Selection for appointment from among the most

25  qualified candidates available eligibles shall be the sole

26  responsibility of the employing agency. Effective July 1,

27  2001, all new employees must successfully complete at least a

28  1-year probationary period before attainment of permanent

29  status.

30         (2)  Selection shall reflect efficiency and simplicity

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


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  1  shall be required to document the qualifications of the

  2  selected candidate to ensure that the candidate meets the

  3  minimum qualifications and possesses the requisite knowledge,

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

  5  or justification shall be required prior to selecting a

  6  candidate for a position.

  7         (4)  The department shall develop model selection rules

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

  9  approved by the Administration Commission before their

10  adoption by the department.  Employing agencies electing to

11  adopt selection rules that are inconsistent with the model

12  rules shall consult with and submit such rules to the

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

14  Administration Commission before their adoption by the

15  employing agencies.

16         Section 19.  Effective July 1, 2001, subsection (6) is

17  added to section 110.219, Florida Statutes, and, effective

18  January 1, 2002, subsection (7) is added to said section, to

19  read:

20         110.219  Attendance and leave; general policies.--

21         (6)  The leave benefits provided to Senior Management

22  Service employees shall not exceed those provided to employees

23  in the Select Exempt Service.

24         (7)  Each December, a permanent career service employee

25  shall be entitled, subject to available funds, to a payout of

26  up to 24 hours of unused annual leave as follows:

27         (a)  A permanent career service employee must have an

28  annual leave balance of no less than 24 hours, after the

29  payout, in order to qualify for this benefit.

30         (b)  No permanent career service employee shall receive

31  a payout of greater than 240 hours over the course of the


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  1  employee's career with the state, including any leave received

  2  at the time of separation.

  3         Section 20.  Section 110.224, Florida Statutes, is

  4  amended to read:

  5         110.224  Public employee Review and performance

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

  7  performance evaluation planning system shall be established as

  8  a basis for evaluating and improving the performance of the

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

10  recommendations for salary increases, promotions, demotions,

11  reassignments, or dismissals; to inform employees of strong

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

13  improvements expected, and current and future training needs,

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

15  110.1245(2); and to assist in determining the order of layoff

16  and reemployment.

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

18  reassignment, a job description of the position assigned each

19  career service employee must be made available to the career

20  service employee given a statement of the work expectations

21  and performance standards applicable to the position. The job

22  description may be made available in an electronic format.

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

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

25  work expectations or performance standards that have not been

26  furnished in writing to the employee.

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

28  evaluation must be reviewed at least annually, and the

29  employee must receive an oral and written assessment of his or

30  her performance evaluation. The performance evaluation

31  assessment may include a plan of corrective action for


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

  2  expectations or performance standards applicable to the

  3  position as determined by the agency head.

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

  5  public employee review and performance evaluation planning

  6  system which establish procedures for performance evaluation,

  7  procedures to be followed in case of failure to meet

  8  performance standards, review periods, and forms.

  9         Section 21.  Subsections (2) and (3) of section

10  110.227, Florida Statutes, are amended to read:

11         110.227  Suspensions, dismissals, reductions in pay,

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

13         (2)  The department shall establish rules and

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

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

16  service. Except with regard to law enforcement or correctional

17  officers, firefighters, or professional health care providers,

18  rules regarding layoff procedures shall not include any system

19  whereby a career service employee with greater seniority has

20  the option of selecting a different position not being

21  eliminated, but either vacant or already occupied by an

22  employee of less seniority, and taking that position, commonly

23  referred to as "bumping." For the implementation of layoffs as

24  defined in s. 110.203, the department shall develop rules

25  requiring that consideration be given to comparative merit,

26  demonstrated skills, and the employee's experience. Such rules

27  shall be approved by the Administration Commission prior to

28  their adoption by the department.

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

30  officers, firefighters, or professional health care providers,

31  when a layoff becomes necessary, such layoff shall be


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  1  conducted within the competitive area identified by the agency

  2  head and approved by the Department of Management Services.

  3  Such competitive area shall be established taking into

  4  consideration the similarity of work; the organizational unit,

  5  which may be by agency, department, division, bureau, or other

  6  organizational unit; and the commuting area for the work

  7  affected.

  8         (b)  With regard to law enforcement or correctional

  9  officers, firefighters, or professional health care providers,

10  layoff procedures shall be developed to establish the relative

11  merit and fitness of employees and shall include a formula for

12  uniform application among all employees in the competitive

13  area, taking into consideration the type of appointment, the

14  length of service, and the evaluations of the employee's

15  performance within the last 5 years of employment.

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

17  (4), (5), (6), and (7) of section 110.227, Florida Statutes,

18  are amended to read:

19         110.227  Suspensions, dismissals, reductions in pay,

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

21         (1)  Any employee who has permanent status in the

22  career service may only be suspended or dismissed only for

23  cause. Cause shall include, but is not be limited to, poor

24  performance, negligence, inefficiency or inability to perform

25  assigned duties, insubordination, willful violation of the

26  provisions of law or agency rules, conduct unbecoming a public

27  employee, misconduct, habitual drug abuse, or conviction of

28  any crime involving moral turpitude. The Each agency head

29  shall ensure that all employees of the agency have reasonable

30  access to the agency's personnel manual are completely

31


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  1  familiar with the agency's established procedures on

  2  disciplinary actions and grievances.

  3         (4)  A grievance process shall be available to

  4  permanent career service employees. A grievance is defined as

  5  the dissatisfaction that occurs when an employee believes that

  6  any condition affecting the employee is unjust, inequitable,

  7  or a hinderance to effective operation. Claims of

  8  discrimination and sexual harassment or claims related to

  9  suspensions, reductions in pay, demotions, and dismissals are

10  not subject to the career service grievance process. The

11  following procedures shall apply to any grievance filed

12  pursuant to this subsection:

13         (a)  Step One.--The employee may submit a signed,

14  written grievance on a form provided by the agency to his or

15  her supervisor within 7 calendar days following the occurrence

16  of the event giving rise to the grievance. The supervisor must

17  meet with the employee to discuss the grievance within 5

18  business days following receipt of the grievance.

19         (b)  Step Two.--If the employee is dissatisfied with

20  the response of his or her supervisor, the employee may submit

21  the written grievance to the agency head or his or her

22  designee within 2 business days following the meeting with his

23  or her supervisor. The agency head or his or her designee must

24  meet with the employee to discuss the grievance within 5

25  business days following receipt of the grievance. The agency

26  head or his or her designee must respond in writing to the

27  employee within 5 business days following the meeting. The

28  written decision of the agency head shall be the final

29  authority for all grievances filed pursuant to this

30  subsection. Such grievances may not be appealed beyond Step

31  Two. Any permanent career service employee subject to


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

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

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

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

  5  employee personally or may be sent by certified mail with

  6  return receipt requested. Such actions shall be appealable to

  7  the Public Employees Relations Commission, pursuant to s.

  8  447.208 and rules adopted by the commission.

  9         (5)(a)  A Any permanent career service employee who is

10  subject to a suspension, reduction in pay, demotion, or

11  dismissal shall receive written notice of such action at least

12  10 days prior to the date such action is to be taken.

13  Subsequent to such notice, and prior to the date the action is

14  to be taken, the affected employee shall be given an

15  opportunity to appear before the agency or official taking the

16  action to answer orally and in writing the charges against him

17  or her. The notice to the employee required by this paragraph

18  may be delivered to the employee personally or may be sent by

19  certified mail with return receipt requested. Such actions

20  shall be appealable to the Public Employees Relations

21  Commission as provided in subsection (6). Written notice of

22  any such appeal shall be filed by the employee with the

23  commission within 14 calendar days after the date on which the

24  notice of suspension, reduction in pay, demotion, or dismissal

25  is received by the employee. An employee who is suspended or

26  dismissed shall be entitled to a hearing before the Public

27  Employees Relations Commission or its designated agent

28  pursuant to s. 447.208 and rules adopted by the commission.

29         (b)  In extraordinary situations such as when the

30  retention of a permanent career service employee would result

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


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

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

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

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

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

  6  the charges are furnished to the employee prior to such

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

  8  employee personally or may be sent by certified mail with

  9  return receipt requested. Agency compliance with the foregoing

10  procedure requiring notice, evidence, and an opportunity for

11  rebuttal must be substantiated. Any employee who is suspended

12  or dismissed pursuant to the provisions of this paragraph may

13  appeal to shall be entitled to a hearing before the Public

14  Employees Relations Commission as provided in subsection (6).

15  Written notice of any such appeal shall be filed with the

16  commission by the employee within 14 days after the date on

17  which the notice of suspension, reduction in pay, demotion, or

18  dismissal is received by the employee or its designated agent

19  pursuant to s. 447.208, except that such hearing shall be held

20  no more than 20 days after the filing of the notice of appeal

21  by the employee.

22         (6)  The following procedures shall apply to appeals

23  filed pursuant to subsection (5), with the Public Employees

24  Relations Commission, hereinafter referred to as the

25  commission:

26         (a)  The commission must conduct a hearing within 30

27  calendar days following the filing of a notice of appeal. No

28  extension of time for the hearing may exceed 30 calendar days,

29  absent exceptional circumstances, and no extension of time may

30  be granted without the consent of all parties. Discovery may

31  be granted only upon the showing of extraordinary


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  1  circumstances. A party requesting discovery shall demonstrate

  2  a substantial need for the information requested and an

  3  inability to obtain relevant information by other means.

  4  Except where inconsistent with the requirements of this

  5  subsection, the provisions of s. 447.503(4) and (5) and

  6  chapter 120 apply to proceedings held pursuant to this

  7  subsection.

  8         (b)  A person may represent himself or herself in

  9  proceedings before the commission or may be represented by

10  legal counsel or by any individual who qualifies as a

11  representative pursuant to rules adopted by the commission.

12         (c)  If the commission finds that cause did not exist

13  for the agency action, the commission shall reverse the

14  decision of the agency head and the employee shall be

15  reinstated with or without back pay. If the commission finds

16  that cause existed for the agency action, the commission shall

17  affirm the decision of the agency head. The commission may not

18  reduce the penalty imposed by the agency head, except in the

19  case of law enforcement or correctional officers,

20  firefighters, and professional health care providers, if the

21  commission makes specific written findings of mitigation.

22         (d)  A recommended order shall be issued by the hearing

23  officer within 30 days following the hearing. Exceptions to

24  the recommended order shall be filed within 5 business days

25  after the recommended order is issued. The final order shall

26  be filed by the commission no later than 30 calendar days

27  after the hearing or after the filing of exceptions or oral

28  arguments if granted.

29         (e)  Final orders issued by the commission pursuant to

30  paragraph (d) shall be reviewable as provided in s. 447.504. A

31  grievance process shall be available to career service


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  1  employees. A grievance is defined as the dissatisfaction that

  2  occurs when an employee thinks or feels that any condition

  3  affecting the employee is unjust, inequitable, or a hinderance

  4  to effective operation, or creates a problem, except that an

  5  employee shall not have the right to file a grievance against

  6  performance evaluations unless it is alleged that the

  7  evaluation is based on factors other than the employee's

  8  performance. Claims of discrimination and sexual harassment,

  9  suspensions, reductions in pay, transfers, layoffs, demotions,

10  and dismissals are not subject to the career service grievance

11  process.

12         (7)  Other than for law enforcement or correctional

13  officers, firefighters, and professional health care

14  providers, each suspension, dismissal, demotion, or reduction

15  in pay must be reviewed without consideration of any other

16  case or set of facts. The department shall adopt rules for

17  administration of the grievance process for career service

18  employees. Such rules shall establish agency grievance

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

20  and evaluation governing the grievance process.

21         Section 23.  Paragraph (a) of subsection (4) of section

22  110.233, Florida Statutes, is amended to read:

23         110.233  Political activities and unlawful acts

24  prohibited.--

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

26  and obligations of citizenship provided in the Constitution

27  and laws of the state and the Constitution and laws of the

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

29  shall:

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

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


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

  2  during which the employee is expected to perform services for

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

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

  5  department of Management Services as involving no interest

  6  which conflicts or activity which interferes with his or her

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

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

  9  Management Services shall prepare and make available to all

10  affected personnel who make such request a definite set of

11  rules and procedures consistent with the provisions herein.

12         Section 24.  Subsection (1) of section 110.235, Florida

13  Statutes, is amended to read:

14         110.235  Training.--

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

16  agencies shall implement training programs that encompass

17  modern management principles, and that provide the framework

18  to develop human resources through empowerment, training, and

19  rewards for productivity enhancement; to continuously improve

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

21  the public.

22         Section 25.  Section 110.401, Florida Statutes, is

23  amended to read:

24         110.401  Declaration of policy.--It is the intent of

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

26  retaining, and developing highly competent senior-level

27  managers at the highest executive-management-level agency

28  positions in order for the highly complex programs and

29  agencies of state government to function effectively,

30  efficiently, and productively. The Legislature recognizes that

31  senior-level management is an established profession and that


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  1  the public interest is best served by developing and refining

  2  the management skills of its Senior Management Service

  3  employees.  Accordingly To this end, training and

  4  management-development programs are regarded as a major

  5  administrative function within agencies.

  6         Section 26.  Subsections (3), (4), and (5) of section

  7  110.403, Florida Statutes, are amended to read:

  8         110.403  Powers and duties of the department of

  9  Management Services.--

10         (3)  The department of Management Services shall have

11  the following additional responsibilities:

12         (a)  To establish and administer a professional

13  development program that which shall provide for the

14  systematic development of managerial, executive, or

15  administrative skills. Such a program shall include the

16  following topics:

17         1.  Improving the performance of individual employees.

18  This topic provides skills in understanding and motivating

19  individual performance, providing effective and timely

20  evaluations of employees, and making recommendations on

21  performance incentives and disincentives.

22         2.  Improving the performance of groups of employees.

23  This topic provides skills in creating and maintaining

24  productive workgroups and making recommendations on

25  performance incentives and disincentives.

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

27  the organization. This topic provides skills in linking the

28  work of individual employees to the goals of the agency

29  program, service, or activity.

30         4.  Strategic planning. This topic provides the skills

31  for defining agency business processes, measuring performance


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    CS for SB 466                                  Third Engrossed



  1  of such processes, and reengineering such processes for

  2  improved efficiency and effectiveness.

  3         5.  Team leadership. This topic provides skills in

  4  effective group processes for organizational motivation and

  5  productivity based on proven business and military

  6  applications that emphasize respect for and courtesy to the

  7  public.

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

  9  policies, and programs of the Senior Management Service.

10         (c)  To approve contracts of employing agencies with

11  persons engaged in the business of conducting multistate

12  executive searches to identify qualified and available

13  applicants for Senior Management Service positions for which

14  the department of Management Services sets salaries in

15  accordance with the classification and pay plan.  Such

16  contracts may be entered by the agency head only after

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

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

19  qualifications for persons desiring to conduct executive

20  searches, including a requirement for the use of contingency

21  contracts.  These Such rules shall ensure that such persons

22  possess the requisite capacities to perform effectively at

23  competitive industry prices.  These The Department of

24  Management Services shall make the rules shall also required

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

26  state and federal laws and regulations governing equal

27  opportunity employment.

28         (4)  All policies and procedures adopted by the

29  department of Management Services regarding the Senior

30  Management Service shall comply with all federal regulations

31


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    CS for SB 466                                  Third Engrossed



  1  necessary to permit the state agencies to be eligible to

  2  receive federal funds.

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

  4  by rule, procedures for Senior Management Service employees

  5  that require disclosure to the agency head of any application

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

  7  financial interest with any individual, partnership,

  8  association, corporation, utility, or other organization,

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

10  regulation by the agency.

11         Section 27.  Effective July 1, 2001, paragraph (a) of

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

13  amended to read:

14         110.403  Powers and duties of the Department of

15  Management Services.--

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

17  the Department of Management Services, after approval by the

18  Administration Commission, shall adopt and amend rules

19  providing for:

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

21  managers that is responsive to organizational or program

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

23  the Senior Management Service exceed 1.0 0.5 percent of the

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

25  The department shall deny approval to establish any position

26  within the Senior Management Service which would exceed the

27  limitation established in this paragraph.  The department

28  shall report that the limitation has been reached to the

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

30  House of Representatives, as soon as practicable after such

31  event occurs. Employees in the Senior Management Service shall


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

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

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

  4  agency head. Such personnel actions are exempt from the

  5  provisions of chapter 120.

  6         Section 28.  Section 110.601, Florida Statutes, is

  7  amended to read:

  8         110.601  Declaration of policy.--It is the purpose of

  9  This part creates to create a system of personnel management

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

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

12  select exempt classifications by facilitating the state's

13  ability to attract and retain qualified personnel in these

14  positions, while also providing sufficient management

15  flexibility to ensure that the workforce is responsive to

16  agency needs.  The Legislature recognizes that the public

17  interest is best served by developing and refining the

18  technical and managerial skills of its Selected Exempt Service

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

20  development programs are regarded as a major administrative

21  function within agencies.

22         Section 29.  Effective July 1, 2001, section 110.602,

23  Florida Statutes, is amended to read:

24         110.602  Selected Exempt Service; creation,

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

26  separate system of personnel administration for select exempt

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

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

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

30  salaries and benefits are set by the department in accordance

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


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  1  shall designate all positions included in the Selected Exempt

  2  Service as either managerial/policymaking, professional, or

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

  4  positions included in the Selected Exempt Service, excluding

  5  those positions designated as professional or

  6  nonmanagerial/nonpolicymaking, exceed 1.5 percent of the total

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

  8  department shall deny approval to establish any position

  9  within the Selected Exempt Service which would exceed the

10  limitation established in this section.  The department shall

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

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

13  Representatives, as soon as practicable after such event

14  occurs.

15         Section 30.  Subsection (1) of section 110.605, Florida

16  Statutes, is amended to read:

17         110.605  Powers and duties; personnel rules, records,

18  reports, and performance appraisal.--

19         (1)  The department shall adopt and administer uniform

20  personnel rules, records, and reports relating to employees

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

22  other rules and procedures relating to personnel

23  administration which are necessary to carry out the purposes

24  of this part.

25         (a)  The department shall develop uniform forms and

26  instructions to be used in reporting transactions which

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

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

29  appointment action or any additional transactions as the

30  department may deem appropriate.

31


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

  2  to maintain these records and all other records and reports

  3  prescribed in applicable rules on a current basis.

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

  5  performance appraisal system for employees and positions in

  6  the Selected Exempt Service covered by a collective bargaining

  7  agreement. Each employing agency shall develop a performance

  8  appraisal system for all other employees and positions in the

  9  Selected Exempt System.  Such agency system shall take into

10  consideration individual and organizational efficiency,

11  productivity, and effectiveness.

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

13  current basis, all records and reports required by applicable

14  rules. The department shall periodically audit employing

15  agency records to determine compliance with the provisions of

16  this part and the rules of the department.

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

18  affirmative and positive actions that will ensure full

19  utilization of women and minorities in Selected Exempt Service

20  positions.

21         Section 31.  Paragraph (c) of subsection (2) of section

22  110.606, Florida Statutes, is amended to read:

23         110.606  Selected Exempt Service; data collection.--

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

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

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

27  positions comparable to those included in the Selected Exempt

28  Service and recommendations with respect to whether, and to

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

30  Exempt Service classifications should be implemented.

31


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    CS for SB 466                                  Third Engrossed



  1         2.  An analysis of actual salary levels for each

  2  classification within the Selected Exempt Service, indicating

  3  the mean salary for each classification within the Selected

  4  Exempt Service and the deviation from such means with respect

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

  6  reviewing the duties and responsibilities in relation to the

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

  8  abilities; and discussing whether the salary practices

  9  reflected thereby indicate interagency salary inequities among

10  positions within the Selected Exempt Service.

11         Section 32.  Subsection (2) of section 288.708, Florida

12  Statutes, is amended to read:

13         288.708  Executive director; employees.--

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

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

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

17  the provisions of part III IV of chapter 110.

18         Section 33.  Paragraph (a) of subsection (3) of section

19  440.4416, Florida Statutes, is amended to read:

20         440.4416  Workers' Compensation Oversight Board.--

21         (3)  EXECUTIVE DIRECTOR; EXPENSES.--

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

23  direct and supervise the administrative affairs and general

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

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

26  persons and obtain technical assistance as authorized by the

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

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

29         Section 34.  Notwithstanding section 216.351, Florida

30  Statutes, paragraph (c) of subsection (1) of section 216.262,

31  Florida Statutes, is amended to read:


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    CS for SB 466                                  Third Engrossed



  1         216.262  Authorized positions.--

  2         (1)

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

  4  procedures and qualifications as it deems appropriate, shall,

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

  6  add and delete authorized positions or transfer authorized

  7  positions from one budget entity to another budget entity

  8  within the same division, and may approve additions and

  9  deletions of authorized positions or transfers of authorized

10  positions within the state agency when such changes would

11  enable the agency to administer more effectively its

12  authorized and approved programs.  The additions or deletions

13  must be consistent with the intent of the approved operating

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

15  and must not conflict with specific spending policies

16  specified in the General Appropriations Act.

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

18  the authority to establish procedures for the judicial branch

19  to add and delete authorized positions or transfer authorized

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

21  to add and delete authorized positions within the same budget

22  entity, when such changes are consistent with legislative

23  policy and intent and do not conflict with spending policies

24  specified in the General Appropriations Act.

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

26  dollars for authorized positions eliminated after July 1,

27  2001. The agency must certify the eliminated positions to the

28  Legislative Budgeting Commission.

29         b.  The Legislative Budgeting Commission shall

30  authorize the agency to retain 20 percent of the salary

31  dollars associated with the eliminated positions and may


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  1  authorize retention of a greater percentage. All such salary

  2  dollars shall be used for permanent salary increases.

  3         Section 35.  Section 447.201, Florida Statutes, is

  4  amended to read:

  5         447.201  Statement of policy.--It is declared that The

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

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

  8  State Constitution, with respect to public employees; to

  9  promote harmonious and cooperative relationships between

10  government and its employees, both collectively and

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

12  times, the orderly and uninterrupted operations and functions

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

14  Nothing herein shall be construed either to encourage or

15  discourage organization of public employees. This state's

16  public policy is These policies are best effectuated by:

17         (1)  Granting to public employees the right of

18  organization and representation;

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

20  political subdivisions to negotiate with bargaining agents

21  duly certified to represent public employees;

22         (3)  Creating a Public Employees Relations Commission

23  to assist in resolving disputes between public employees and

24  public employers; and

25         (4)  Recognizing the constitutional prohibition against

26  strikes by public employees and providing remedies for

27  violations of such prohibition.

28         Section 36.  Effective July 1, 2001, subsections (1),

29  (3), and (4) of section 447.205, Florida Statutes, are amended

30  to read:

31         447.205  Public Employees Relations Commission.--


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

  2  Labor and Employment Security The Public Employees Relations

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

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

  5  members to be appointed by the Governor, subject to

  6  confirmation by the Senate, from persons representative of the

  7  public and known for their objective and independent judgment,

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

  9  governmental unit in the state or any employee organization,

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

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

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

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

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

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

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

17  employee organizations.  The commissioners shall devote full

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

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

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

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

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

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

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

25  each regularly scheduled general election at which a Governor

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

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

28  appointment shall be made for the unexpired term of that

29  office. The chair shall be responsible for the administrative

30  functions of the commission and shall have the authority to

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


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

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

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

  4  chair or commissioner from serving multiple terms.

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

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

  7  supervision, or direction by the Department of Management

  8  Services Labor and Employment Security.

  9         (4)  The property, personnel, and appropriations

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

11  duties, and responsibilities shall be provided to the

12  commission by the Department of Management Services Labor and

13  Employment Security.

14         Section 37.  Subsection (8) of section 447.207, Florida

15  Statutes, is amended to read:

16         447.207  Commission; powers and duties.--

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

18  designated agent shall hear appeals arising out of any

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

20  dismissal of any permanent employee in the State Career

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

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

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

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

25  dismissal is received by the employee.

26         Section 38.  Section 447.208, Florida Statutes, is

27  amended to read:

28         447.208  Procedure with respect to certain appeals

29  under s. 447.207.--

30         (1)  Any person filing an appeal pursuant to subsection

31  (8) or subsection (9) of s. 447.207 shall be entitled to a


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  1  hearing pursuant to subsections (4) and (5) of s. 447.503 and

  2  in accordance with chapter 120; however, the hearing shall be

  3  conducted within 30 days of the filing of an appeal with the

  4  commission, unless an extension of time is granted by the

  5  commission for good cause. Discovery may be granted only upon

  6  a showing of extraordinary circumstances. A party requesting

  7  discovery shall demonstrate a substantial need for the

  8  information requested and an inability to obtain relevant

  9  information by other means.  To the extent that chapter 120 is

10  inconsistent with these provisions, the procedures contained

11  in this section shall govern.

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

13  representing himself or herself in proceedings before the

14  commission or from being represented by legal counsel or by

15  any individual who qualifies as a representative pursuant to

16  rules promulgated and adopted by the commission.

17         (3)  With respect to hearings relating to demotions,

18  suspensions, or dismissals pursuant to the provisions of this

19  section:

20         (a)  Upon a finding that just cause existed for the

21  demotion, suspension, or dismissal, the commission shall

22  affirm the demotion, suspension, or dismissal.

23         (b)  Upon a finding that just cause did not exist for

24  the demotion, suspension, or dismissal, the commission may

25  order the reinstatement of the employee, with or without back

26  pay.

27         (c)  Upon a finding that just cause for disciplinary

28  action existed, but did not justify the severity of the action

29  taken, the commission may, in its limited discretion, reduce

30  the penalty.

31


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  1         (d)  The commission is limited in its discretionary

  2  reduction of dismissals and suspensions to consider only the

  3  following circumstances:

  4         1.  The seriousness of the conduct as it relates to the

  5  employee's duties and responsibilities.

  6         2.  Action taken with respect to similar conduct by

  7  other employees.

  8         3.  The previous employment record and disciplinary

  9  record of the employee.

10         4.  Extraordinary circumstances beyond the employee's

11  control which temporarily diminished the employee's capacity

12  to effectively perform his or her duties or which

13  substantially contributed to the violation for which

14  punishment is being considered.

15

16  The agency may present evidence to refute the existence of

17  these circumstances.

18         (3)(e)  Any order of the commission issued under this

19  section pursuant to this subsection may include back pay, if

20  applicable, and an amount, to be determined by the commission

21  and paid by the agency, for reasonable attorney's fees,

22  witness fees, and other out-of-pocket expenses incurred during

23  the prosecution of an appeal against an agency in which the

24  commission sustains the employee. In determining the amount of

25  an attorney's fee, the commission shall consider only the

26  number of hours reasonably spent on the appeal, comparing the

27  number of hours spent on similar cases Career Service System

28  appeals and the reasonable hourly rate charged in the

29  geographic area for similar appeals, but not including

30  litigation over the amount of the attorney's fee. This

31  paragraph applies to future and pending cases.


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  1         Section 39.  Paragraph (a) of subsection (5) of section

  2  447.507, Florida Statutes, is amended to read:

  3         447.507  Violation of strike prohibition; penalties.--

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

  5  conducted according to rules promulgated by the commission,

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

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

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

  9  knowingly violating the provision of said section may,

10  subsequent to such violation, be appointed, reappointed,

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

12  the following conditions:

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

14  18 6 months following his or her appointment, reappointment,

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

16  shall serve without permanent status and at the pleasure of

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

18  discharged only upon a showing of just cause.

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

20  112.215, Florida Statutes, to read:

21         112.215  Government employees; deferred compensation

22  program.--

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

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

25  transfer of amounts in a participant's deferred compensation

26  account for the purchase of prior service credit in a public

27  sector retirement system.

28         Section 41.  Effective July 1, 2001, all powers,

29  duties, functions, rules, records, personnel, property, and

30  unexpended balances of appropriations, allocations, and other

31  funds of the Public Employees Relations Commission relating to


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  1  the commission's specified authority, powers, duties, and

  2  responsibilities are transferred by a type one transfer, as

  3  defined in section 20.06(1), Florida Statutes, to the

  4  Department of Management Services. The independence of the

  5  commission in matters relating to the disposition of all

  6  cases, including Career Service appeals, shall be preserved.

  7         Section 42.  The Department of Management Services

  8  shall adopt rules as necessary to effectuate the provisions of

  9  chapter 110, Florida Statutes, as amended by this act, and in

10  accordance with the authority granted to the department in

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

12  chapter 110, Florida Statutes, are statutorily repealed

13  January 1, 2002, unless otherwise readopted.

14         Section 43.  Section 110.1315, Florida Statutes, is

15  created to read:

16         110.1315  Alternative benefits; other-personal-services

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

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

19  the implementation of an alternative retirement income

20  security program for eligible temporary and seasonal employees

21  of the state who are compensated from appropriations for other

22  personal services. The contract may provide for a private

23  vendor or vendors to administer the program under a

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

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

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

27  Internal Revenue Code. The department may develop a request

28  for proposals and solicit qualified vendors to compete for the

29  award of the contract. A vendor shall be selected on the basis

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

31


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

  2  necessary federal and state laws and rules.

  3         Section 44.  Subsections (1) and (2) of section

  4  447.403, Florida Statutes, are amended, and subsection (5) is

  5  added to said section, to read:

  6         447.403  Resolution of impasses.--

  7         (1)  If, after a reasonable period of negotiation

  8  concerning the terms and conditions of employment to be

  9  incorporated in a collective bargaining agreement, a dispute

10  exists between a public employer and a bargaining agent, an

11  impasse shall be deemed to have occurred when one of the

12  parties so declares in writing to the other party and to the

13  commission. When an impasse occurs, the public employer or the

14  bargaining agent, or both parties acting jointly, may appoint,

15  or secure the appointment of, a mediator to assist in the

16  resolution of the impasse. If the Governor is the public

17  employer no mediator shall be appointed.

18         (2)(a)  If no mediator is appointed, or upon the

19  request of either party, the commission shall appoint, and

20  submit all unresolved issues to, a special master acceptable

21  to both parties. If the parties are unable to agree on the

22  appointment of a special master, the commission shall appoint,

23  in its discretion, a qualified special master.  However, if

24  the parties agree in writing to waive the appointment of a

25  special master, the parties may proceed directly to resolution

26  of the impasse by the legislative body pursuant to paragraph

27  (4)(d). Nothing in this section precludes the parties from

28  using the services of a mediator at any time during the

29  conduct of collective bargaining.

30         (b)  If the Governor is the public employer, no special

31  master shall be appointed. The parties may proceed directly to


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  1  the Legislature for resolution of the impasse pursuant to

  2  paragraph (4)(d).

  3         (5)(a)  Within 5 days after the beginning of the

  4  impasse period in accordance with s. 216.163(6), each party

  5  shall notify the President of the Senate and the Speaker of

  6  the House of Representatives as to all unresolved issues. Upon

  7  receipt of the notification, the presiding officers shall

  8  appoint a joint select committee to review the position of the

  9  parties and render a recommended resolution of all issues

10  remaining at impasse. The recommended resolution shall be

11  returned by the joint select committee to the presiding

12  officers not later than 10 days prior to the date upon which

13  the legislative session is scheduled to commence. During the

14  legislative session, the Legislature shall take action in

15  accordance with this section.

16         (b)  Any actions taken by the Legislature shall bind

17  the parties in accordance with paragraph (4)(c).

18         Section 45.  Notwithstanding section 216.351, Florida

19  Statutes, subsection (6) of section 216.163, Florida Statutes,

20  is amended to read:

21         216.163  Governor's recommended budget; form and

22  content; declaration of collective bargaining impasses.--

23         (6)  At the time the Governor is required to furnish

24  copies of his or her recommended budget to each senator and

25  representative under s. 216.162(1), the Governor shall declare

26  an impasse in all collective bargaining negotiations for which

27  he or she is deemed to be the public employer and for which a

28  collective bargaining agreement has not been executed.  Within

29  14 days thereafter, the Governor shall furnish the legislative

30  appropriations committees with documentation relating to the

31  last offer he or she made during such collective bargaining


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  1  negotiations or recommended to a mediator or special master

  2  appointed to resolve the impasse.

  3         Section 46.  Alternative benefits; tax-sheltered annual

  4  leave and sick leave payments and special compensation

  5  payments.--

  6         (1)  The Department of Management Services has

  7  authority to adopt tax-sheltered plans under section 401(a) of

  8  the Internal Revenue Code for state employees who are eligible

  9  for payment for accumulated leave. The department, upon

10  adoption of the plans, shall contract for a private vendor or

11  vendors to administer the plans. These plans shall be limited

12  to state employees who are over age 55 and who are: eligible

13  for accumulated leave and special compensation payments and

14  separating from employment with 10 years of service in

15  accordance with the Internal Revenue Code, or who are

16  participating in the Deferred Retirement Option Program on or

17  after July 1, 2001. The plans must provide benefits in a

18  manner that minimizes the tax liability of the state and

19  participants. The plans must be funded by employer

20  contributions of payments for accumulated leave or special

21  compensation payments, or both, as specified by the

22  department. The plans must have received all necessary federal

23  and state approval as required by law, must not adversely

24  impact the qualified status of the Florida Retirement System

25  defined benefit or defined contribution plans or the pretax

26  benefits program, and must comply with the provisions of

27  section 112.65, Florida Statutes. Adoption of any plan is

28  contingent on: the department receiving appropriate favorable

29  rulings from the Internal Revenue Service; the department

30  negotiating under the provisions of chapter 447, Florida

31  Statutes, where applicable; and the Comptroller making


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  1  appropriate changes to the state payroll system. The

  2  department's request for proposals by vendors for such plans

  3  may require that the vendors provide market-risk or volatility

  4  ratings from recognized rating agencies for each of their

  5  investment products. The department shall provide for a system

  6  of continuous quality assurance oversight to ensure that the

  7  program objectives are achieved and that the program is

  8  prudently managed.

  9         (2)  Within 30 days after termination of employment, an

10  employee may elect to withdraw the moneys without penalty by

11  the plan administrator. If any employee is adversely affected

12  by payment of an excise tax or any Internal Revenue Service

13  penalty by electing to withdraw funds within 30 days, the plan

14  shall include a provision which will provide the employee with

15  no less cash than if the employee had not participated in the

16  plan.

17         (3)  These contracts may be used by any other pay plans

18  or personnel systems in the executive, legislative, or

19  judicial branches of government upon approval of the

20  appropriate administrative authority.

21         (4)  Notwithstanding the terminal pay provisions of s.

22  110.122, Florida Statutes, the department may contract for a

23  tax-sheltered plan for leave and special compensation pay for

24  employees terminating over age 55 with 10 years of service and

25  for employees participating in the Deferred Retirement Option

26  Program on or after July 1, 2001, and who are over age 55. The

27  frequency of payments into the plan shall be determined by the

28  department or as provided in the General Appropriations Act.

29  This plan or plans shall provide the greatest tax benefits to

30  the employees and maximize the savings to the state.

31


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  1         (5)  The department shall determine by rule the design

  2  of the plans and the eligibility of participants.

  3         (6)  Nothing in this section shall be construed to

  4  remove plan participants from the scope of section 110.122(5),

  5  Florida Statutes.

  6         Section 47.  Career Service Advisory Group.--

  7         (1)  There is created the Career Service Advisory

  8  Group. The advisory group shall be composed of the following

  9  members, each of whom shall have knowledge of, or experience

10  with, human resource management operations:

11         (a)  Two members selected by the Governor.

12         (b)  One member selected by the President of the

13  Senate.

14         (c)  One member selected by the Speaker of the House of

15  Representatives.

16

17  The selections provided for by this subsection shall be made

18  on or before July 1, 2001. The group shall expire on January

19  1, 2002.

20         (2)  The advisory group members shall be human resource

21  officials of Florida-domiciled corporations with a salaried

22  workforce of at least 25,000 companywide.

23         (3)  The group shall be considered advisory and shall

24  provide advice to the Department of Management Services and

25  the Executive Office of the Governor on issues presented to it

26  related to the implementation of this act. The Department of

27  Management Services shall provide to the board copies of any

28  rules proposed to implement this act.

29         Section 48.  There is hereby appropriated for fiscal

30  year 2001-2002 to Administered Funds the lump sum of $7.4

31  million from the General Revenue Fund and $14 million from


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  1  trust funds to fund the benefits to employees transferred from

  2  Career Service to Selected Exempt Service pursuant to the

  3  provisions of this act. This appropriation to Administered

  4  Funds shall be processed in the same manner as if it had been

  5  made in the General Appropriations Act.

  6         Section 49.  If any provision of this act or its

  7  application to any particular person or circumstance is held

  8  invalid, that provision or its application shall be deemed

  9  severable and shall not affect the validity of other

10  provisions or applications of this act.

11         Section 50.  Except as otherwise provided herein, this

12  act shall take effect upon becoming a law.

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