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A bill to be entitled |
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An act relating to government employment; amending s. |
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110.107, F.S.; providing definitions; amending s. 110.116, |
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F.S.; authorizing the Department of Management Services to |
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contract with a vendor to provide the personnel |
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information system; amending s. 110.1245, F.S.; revising |
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language regarding employee recognition; deleting a 5-year |
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employment requirement for certain recognition; amending |
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s. 110.152, F.S.; revising payment schedules for adoption |
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benefits for state employees; amending s. 110.191, F.S.; |
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correcting a cross reference; amending s. 110.2035, F.S.; |
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deleting requirement that the Department of Management |
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Services consult with the Executive Office of the Governor |
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and the Legislature with regard to a compensation and |
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classification program; providing requirements for the |
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program; providing duties and responsibilities to the |
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department with respect to employment actions by other |
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agencies; providing rule adoption authority; providing |
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that employing agencies shall have the responsibility for |
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the day-to-day application of such rules; providing |
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additional authority and responsibilities for employing |
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agencies; requiring the Department of Management Services |
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to establish and maintain an equitable pay plan for use by |
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state agencies; providing authority and responsibilities |
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of the department and employing agencies with respect to |
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such plan; amending s. 110.205, F.S.; conforming language; |
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amending s. 110.213, F.S.; providing that agencies shall |
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ensure that candidates for employment are properly |
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licensed, certified, or registered, when required by law; |
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amending s. 110.227, F.S.; providing for a 1-year |
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probationary period for Career Service employees; revising |
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procedures with respect to the employee grievance process; |
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correcting a cross reference; amending ss. 110.406, |
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110.603, and 110.606, F.S.; conforming language; amending |
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s. 215.92, F.S.; redefining the term “functional owner”; |
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amending s. 215.93, F.S.; authorizing the Department of |
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Management Services to contract with private entities to |
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design, develop, and implement the department’s |
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information systems and subsystems; amending s. 215.94, |
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F.S.; providing that the Department of Management Services |
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is the functional owner of the personnel information |
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system; amending s. 216.011, F.S.; correcting a cross |
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reference; repealing s. 110.203, F.S., relating to |
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definitions; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Subsections (4) through (31) are added to |
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section 110.107, Florida Statutes, to read: |
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110.107 Definitions.--As used in this chapter, the term: |
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(4) "State agency" or "agency" means any official, |
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officer, commission, board, authority, council, committee, or |
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department of the executive branch or the judicial branch of |
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state government as defined in chapter 216.
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(5) "Position" means the work, consisting of duties and |
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responsibilities, assigned to be performed by an officer or |
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employee. |
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(6) "Full-time position" means a position authorized for |
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the entire normally established work period, daily, weekly, |
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monthly, or annually.
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(7) "Part-time position" means a position authorized for |
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less than the entire normally established work period, daily, |
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weekly, monthly, or annually. |
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(8) "Occupation" means all positions which are |
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sufficiently similar in knowledge, skills, and abilities, and |
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sufficiently similar as to kind or subject matter of work.
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(9) "Occupational group" means a group of occupations |
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which are sufficiently similar in kind of work performed to |
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warrant the use of the same performance factors in determining |
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the level of complexity for all occupations in that occupational |
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group.
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(10) "Classification plan" means a formal description of |
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the concepts, rules, job family definitions, occupational group |
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characteristics, and occupational profiles used in the |
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classification of positions.
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(11) "Pay plan" means a formal description of the |
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philosophy, methods, procedures, and salary schedules for |
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competitively compensating employees at market-based rates for |
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work performed.
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(12) "Salary schedule" means an official document which |
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contains a complete list of occupation titles, broadband level |
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codes, and pay bands. |
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(13) "Authorized position" means a position included in an |
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approved budget. In counting the number of authorized positions, |
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part-time positions may be converted to full-time equivalents. |
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(14) "Established position" means an authorized position |
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which has been classified in accordance with a classification |
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and pay plan as provided by law. |
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(15) "Position number" means the identification number |
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assigned to an established position. |
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(16) "Reclassification" means changing an established |
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position in one broadband level in an occupational group to a |
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higher or lower broadband level in the same occupational group |
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or to a broadband level in a different occupational group. |
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(17) "Promotion" means changing the classification of an |
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employee to a broadband level having a higher maximum salary; or |
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the changing of the classification of an employee to a broadband |
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level having the same or a lower maximum salary but a higher |
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level of responsibility. |
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(18) "Demotion" means changing the classification of an |
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employee to a broadband level having a lower maximum salary; or |
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the changing of the classification of an employee to a broadband |
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level having the same or a higher maximum salary but a lower |
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level of responsibility. |
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(19) "Transfer" means moving an employee from one |
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geographic location of the state to a different geographic |
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location in excess of 50 miles from the employee's current work |
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location. |
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(20) "Reassignment" means moving an employee from a |
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position in one broadband level to a different position in the |
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same broadband level or to a different broadband level having |
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the same maximum salary. |
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(21) "Dismissal" means a disciplinary action taken by an |
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agency pursuant to s. 110.227 against an employee resulting in |
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termination of his or her employment. |
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(22) "Suspension" means a disciplinary action taken by an |
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agency pursuant to s. 110.227 against an employee to temporarily |
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relieve the employee of his or her duties and place him or her |
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on leave without pay. |
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(23) "Layoff" means termination of employment due to a |
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shortage of funds or work, or a material change in the duties or |
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organization of an agency, including the outsourcing or |
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privatization of an activity or function previously performed by |
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career service employees. |
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(24) "Employing agency" means any agency authorized to |
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employ personnel to carry out the responsibilities of the agency |
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under the provisions of chapter 20 or other statutory authority. |
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(25) "Shared employment" means part-time career employment |
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whereby the duties and responsibilities of a full-time position |
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in the career service are divided among part-time employees who |
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are eligible for the position and who receive career service |
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benefits and wages pro rata. In no case shall "shared |
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employment" include the employment of persons paid from other- |
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personal-services funds. |
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(26) "Firefighter" means a firefighter certified under |
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chapter 633. |
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(27) "Law enforcement or correctional officer" means a law |
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enforcement officer, special agent, correctional officer, |
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correctional probation officer, or institutional security |
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specialist required to be certified under chapter 943. |
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(28) "Professional health care provider" means registered |
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nurses, physician's assistants, dentists, psychologists, |
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nutritionists or dietitians, pharmacists, psychological |
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specialists, physical therapists, and speech and hearing |
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therapists. |
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(29) “Job family” means a defined grouping of one or more |
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occupational groups.
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(30) “Pay band” means the minimum salary, the maximum |
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salary, and intermediate rates which are payable for work in a |
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specific broadband level.
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(31) “Broadband level” means all positions which are |
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sufficiently similar in knowledge, skills, and abilities, and |
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sufficiently similar as to kind or subject matter of work, level |
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of difficulty or responsibilities, and qualification |
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requirements of the work to warrant the same treatment as to |
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title, pay band, and other personnel transactions.
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Section 2. Subsection (1) of section 110.116, Florida |
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Statutes, is amended to read: |
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110.116 Personnel information system; payroll |
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procedures.-- |
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(1) The Department of Management Services shall establish |
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and maintain, in coordination with the payroll system of the |
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Department of Banking and Finance, a complete personnel |
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information system for all authorized and established positions |
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in the state service, with the exception of employees of the |
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Legislature, unless the Legislature chooses to participate. The |
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department may contract with a vendor to provide the personnel |
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information system. The specifications shall be developed in |
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conjunction with the payroll system of the Department of Banking |
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and Finance and in coordination with the Auditor General. The |
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Department of Banking and Finance shall determine that the |
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position occupied by each employee has been authorized and |
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established in accordance with the provisions of s. 216.251. The |
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Department of Management Services shall develop and maintain a |
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position numbering system that will identify each established |
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position, and such information shall be a part of the payroll |
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system of the Department of Banking and Finance. With the |
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exception of employees of the Legislature, unless the |
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Legislature chooses to participate,this system shall include |
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all career service positions and those positions exempted from |
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career service provisions, notwithstanding the funding source of |
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the salary payments, and information regarding persons receiving |
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payments from other sources. Necessary revisions shall be made |
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in the personnel and payroll procedures of the state to avoid |
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duplication insofar as is feasible. A list shall be organized by |
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budget entity to show the employees or vacant positions within |
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each budget entity. This list shall be available to the Speaker |
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of the House of Representatives and the President of the Senate |
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upon request. |
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Section 3. Paragraph (d) of subsection (1), paragraph (d) |
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of subsection (2), and subsection (4) of section 110.1245, |
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Florida Statutes, are amended to read: |
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110.1245 Savings sharing program; bonus payments; other |
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awards.-- |
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(1) |
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(d) The department and the judicial branch shall submit |
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annually to the President of the Senate and the Speaker of the |
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House of Representatives information that outlines each agency's |
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level of participation in the savings sharing program. The |
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information shall include, but is not limited to: |
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1. The number of proposals made. |
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2. The number of dollars and awards made to employees or |
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groups for adopted proposals. |
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3. The actual cost savings realized as a result of |
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implementing employee or group proposals. |
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4. The number of employees or groups recognized for |
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superior accomplishments.
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(2) In June of each year, bonuses shall be paid to |
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employees from funds authorized by the Legislature in an |
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appropriation specifically for bonuses. Each agency shall |
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develop a plan for awarding lump-sum bonuses, which plan shall |
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be submitted no later than September 15 of each year and |
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approved by the Office of Policy and Budget in the Executive |
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Office of the Governor. Such plan shall include, at a minimum, |
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but is not limited to: |
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(d) A process for peer input that is fair, respectful of |
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employees, and affects the outcome of the bonus distribution |
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Peer input to account for at least 40 percent of the bonus award |
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determination. |
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(4) Each department head is authorized to incur |
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expenditures to award suitable framed certificates, pins, or |
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other tokens of recognition to state employees who demonstrate |
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have achieved increments of 5 years ofsatisfactory service in |
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the agency or to the state, in appreciation and recognition of |
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such service. Such awards may not cost in excess of $100 each |
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plus applicable taxes. |
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Section 4. Paragraph (a) of subsection (1) of section |
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110.152, Florida Statutes, is amended to read: |
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110.152 Adoption benefits for state employees; parental |
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leave.-- |
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(1)(a)1.Any full-time or part-time employee of the state |
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who is paid from regular salary appropriations and who adopts a |
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special-needs child, as defined in paragraph (b), is eligible to |
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receive a monetary benefit in the amount of $10,000 per child, |
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$5,000 of which is payable in equal monthly installments over a |
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1-year2-yearperiod. Any employee of the state who adopts a |
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child whose permanent custody has been awarded to the Department |
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of Children and Family Services or to a Florida-licensed child- |
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placing agency, other than a special-needs child as defined in |
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paragraph (b), shall be eligible to receive a monetary benefit |
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in the amount of $5,000 per child, $2,000 ofwhich is payable in |
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equal monthly installments over a 1-year2-yearperiod. Benefits |
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paid under this subsection to a part-time employee must be |
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prorated based on the employee's full-time-equivalency status at |
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the time of applying for the benefits. |
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2. For the 2002-2003 fiscal year only, the Department of |
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Management Services is authorized to make lump-sum payments for |
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adoption benefits awarded during fiscal years 2000-2001 and |
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2001-2002. This subparagraph expires July 1, 2003.
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Section 5. Subsection (1) of section 110.191, Florida |
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Statutes, is amended to read: |
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110.191 State employee leasing.-- |
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(1) In situations where the Legislature has expressly |
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authorized the state, an agency, or the judicial branch as |
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defined in s. 110.107110.203to lease employees, the Executive |
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Office of the Governor for the executive branch or the Chief |
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Justice for the judicial branch may authorize any of the |
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following actions related to such state employee leasing |
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activities, provided that the direct cost of such actions is to |
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be paid or reimbursed within 30 days after payment by the entity |
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or person to whom the employees are leased: |
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(a) Create a separate budget entity from which leased |
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employees shall be paid and transfer the positions authorized to |
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be leased to that budget entity. |
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(b) Provide increases in the operating budget entity. |
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(c) Authorized lump-sum salary bonuses to leased |
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employees; however, any lump-sum salary bonus above the |
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automatic salary increases which may be contained in the General |
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Appropriations Act must be funded from private sources. |
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(d) Approve increases in salary rate for positions which |
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are leased; however, any salary rate above the automatic salary |
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increases which may be contained in the General Appropriations |
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Act must be funded from private sources. |
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(e) Waive any requirement for automatic salary increases |
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which may be contained in the General Appropriations Act. |
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Section 6. Section 110.2035, Florida Statutes, is amended |
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to read: |
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110.2035 Classification and compensation program.-- |
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(1) The Department of Management Services, in consultation |
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with the Executive Office of the Governor and the Legislature, |
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shall establish and maintaindevelopa classification and |
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compensation program addressing. This program shall be developed |
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for use by all state agencies and shall addressCareer Service, |
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Selected Exempt Service, and Senior Management Service positions |
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classes. No action may be taken to fill any position until it |
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has been classified in accordance with the classification plan.
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(a) The department shall develop occupation profiles |
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necessary for the establishment of new occupations or for the |
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revision of existing occupations and shall adopt the appropriate |
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occupation title and broadband level code for each occupation. |
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Such occupation profiles, titles, and codes shall not constitute |
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rules within the meaning of s. 120.52.
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(b) The department shall be responsible for conducting |
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periodic studies and surveys to ensure that the classification |
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plan is maintained on a current basis.
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(c) The department may review in a postaudit capacity the |
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action taken by an employing agency in classifying or |
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reclassifying a position.
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(d) The department shall effect a classification change on |
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any classification or reclassification action taken by an |
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employing agency if the action taken by the agency was not based |
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on the duties and responsibilities officially assigned the |
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position as they relate to the concepts and description |
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contained in the official occupation profile and the level |
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definition defined in the occupational group characteristics |
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adopted by the department.
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(e) In cooperation and consultation with the employing |
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agencies, the department shall adopt rules necessary to govern |
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the administration of the classification plan. Such rules shall |
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be approved by the Administration Commission prior to their |
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adoption by the department.
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(2) The program shall consist of the following: |
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(a) A position classification system using no more than 38 |
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50 occupational groups and up to a 6-broadband level6-class |
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seriesstructure for each occupation within an occupational |
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group. Additional occupational groups may be established only by |
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the Executive Office of the Governor after consultation with the |
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Legislature. |
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(b) A pay plan that shall provide broad-based pay bands |
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broad-based salary ranges for each occupational group and shall |
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consist of no more than 25 pay bands. |
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(3) The following goals shall be considered in designing |
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and implementing and maintainingthe program: |
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(a) The classification system must significantly reduce |
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the need to reclassify positions due to work assignment and |
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organizational changes by decreasing the number of |
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classification changes required. |
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(b) The classification system must establish broadband |
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levelsbroad-based classesallowing flexibility in |
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organizational structure and must reduce the numberlevelsof |
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supervisory broadband levelsclasses. |
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(c) The classification system and compensation programpay |
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planmust emphasize pay administration and job-performance |
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evaluation by management rather than emphasize use of the |
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classification system to award salary increases. |
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(d) The pay administration system must contain provisions |
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to allow managers the flexibility to move employees through the |
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pay bandsrangesand provide for salary increase additives and |
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lump-sum bonuses. |
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(4) The classification system shall be structured such |
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that each confidential, managerial, and supervisory employee |
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shall be included in the Selected Exempt Service, in accordance |
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with part V of this chapter. |
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(5) The employing agency shall be responsible for the day- |
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to-day application of classification rules promulgated by the |
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departmentThe Department of Management Services shall submit |
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the proposed design of the classification and compensation |
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program to the Executive Office of the Governor, the presiding |
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officers of the Legislature, and the appropriate legislative |
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fiscal and substantive standing committees on or before December |
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1, 2001. |
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(a) The employing agency shall maintain on a current basis |
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a position description for each authorized and established |
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position assigned the agency. The position description shall |
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include an accurate description of assigned duties and |
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responsibilities and other pertinent information concerning a |
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position and shall serve as a record of the official assignment |
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of duties to the position. Such description shall be used in the |
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comparison of positions to ensure uniformity of classifications.
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(b) The employing agency shall have the authority and |
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responsibility to classify positions authorized by the |
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Legislature or authorized pursuant to s. 216.262; to classify |
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positions that are added in lieu of positions deleted pursuant |
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to s. 216.262; and to reclassify established positions. |
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Classification and reclassification actions taken by an |
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employing agency shall be within the occupations established by |
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the department, shall be funded within the limits of currently |
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authorized appropriations, and shall be in accordance with the |
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uniform procedures adopted by the department.
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(6) The department shall establish and maintain an |
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equitable pay plan applicable to all occupations and shall be |
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responsible for the overall review, coordination, and |
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administration of the pay plan.
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(a) The department shall provide for broad, market-based |
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pay bands for occupations and shall establish guidelines for the |
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employing agencies to move employees through these pay bands. |
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The employing agencies may determine the appropriate salary |
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within the pay bands and guidelines adopted by the department. |
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Such pay bands, and the assignment of broadband levels to |
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positions, shall not constitute rules within the meaning of s. |
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120.52.
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(b) The department shall conduct wage and salary surveys |
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as necessary for the purpose of achieving the goal of an |
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equitable, competitive, market-based pay policy.
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(c)(6)The department shall establish, by rule, guidelines |
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with respect to, and shall delegate to the employing agencies, |
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where appropriate, the authority to administer the following: |
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1.(a)Shift differentials. |
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2.(b)On-call fees. |
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3.(c)Hazardous-duty pay. |
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(d) Advanced appointment rates.
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4.(e)Salary increase and decrease corrections. |
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5.(f)Lead-worker pay. |
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6.(g)Temporary special duties pay. |
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7.(h)Trainer-additive pay. |
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8.(i)Competitive area differentials. |
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(j) Coordinator pay.
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9.(k)Critical market pay. |
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The employing agency must use such pay additives as are |
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appropriate within the guidelines established by the department |
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and shall advise the department in writing of the plan for |
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implementing such pay additives prior to the implementation |
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date. Any action by an employing agency to implement temporary |
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special duties pay, competitive area differentials, or critical |
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market pay may be implemented only after the department has |
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reviewed and recommended such action; however, an employing |
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agency may use temporary special duties pay for up to 3 months |
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without prior review by the department. The department shall |
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annually provide a summary report of the pay additives |
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implemented pursuant to this section. |
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Section 7. Paragraph (q) of subsection (2), and |
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subsections (4), (5), and (6) of section 110.205, Florida |
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Statutes, are amended to read: |
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110.205 Career service; exemptions.-- |
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(2) EXEMPT POSITIONS.--The exempt positions that are not |
417
|
covered by this part include the following: |
418
|
(q) The staff directors, assistant staff directors, |
419
|
district program managers, district program coordinators, |
420
|
district subdistrict administrators, district administrative |
421
|
services directors, district attorneys, and the Deputy Director |
422
|
of Central Operations Services of the Department of Children and |
423
|
Family Services. Unless otherwise fixed by law, the department |
424
|
shall establish the pay bandsalary rangeand benefits for these |
425
|
positions in accordance with the rules of the Selected Exempt |
426
|
Service. |
427
|
(4) DEFINITION OF DEPARTMENT.--When used in this section, |
428
|
the term "department" shall mean all departments and commissions |
429
|
of the executive branch, whether created by the State |
430
|
Constitution or chapter 20; the office of the Governor; and the |
431
|
Public Service Commission; however, the term "department" shall |
432
|
mean the Department of Management Services when used in the |
433
|
context of the authority to establish pay bandssalary ranges |
434
|
and benefits. |
435
|
(5) POSITIONS EXEMPTED BY OTHER STATUTES.--If any position |
436
|
is exempted from the career service by any other statute and the |
437
|
personnel system to which that position is assigned is not |
438
|
specifically included in the statute, the position shall be |
439
|
placed in the Selected Exempt Service, and the department shall |
440
|
establish the pay bandsalary rangeand benefits for that |
441
|
position in accordance with the rules of the Selected Exempt |
442
|
Service. |
443
|
(6) EXEMPTION OF CHIEF INSPECTOR OF BOILER SAFETY PROGRAM, |
444
|
DEPARTMENT OF INSURANCE.--In addition to those positions |
445
|
exempted from this part, there is hereby exempted from the |
446
|
Career Service System the chief inspector of the boiler |
447
|
inspection program of the Department of Insurance. The pay band |
448
|
salary rangeof this position shall be established by the |
449
|
Department of Management Services in accordance with the |
450
|
classification and pay plan established for the Selected Exempt |
451
|
Service. |
452
|
Section 8. Section 110.213, Florida Statutes, is amended |
453
|
to read: |
454
|
110.213 Selection.-- |
455
|
(1) Selection for appointment from among the most |
456
|
qualified candidates shall be the sole responsibility of the |
457
|
employing agency. Effective July 1, 2001,All new employees must |
458
|
successfully complete at least a 1-year probationary period |
459
|
before attainment of permanent status. |
460
|
(2) Selection shall reflect efficiency and simplicity in |
461
|
hiring procedures. The agency head or his or her designee shall |
462
|
be required to document the qualifications of the selected |
463
|
candidate to ensure that the candidate meets the minimum |
464
|
requirementsqualificationsas specified by the employing |
465
|
agency, meets the licensure, certification, or registration |
466
|
requirements, if any, as specified by statute,and possesses the |
467
|
requisite knowledge, skills, and abilities for the position. No |
468
|
other documentation or justification shall be required prior to |
469
|
selecting a candidate for a position. |
470
|
Section 9. Subsections (1), (2), (4), and (5) of section |
471
|
110.227, Florida Statutes, are amended to read: |
472
|
110.227 Suspensions, dismissals, reductions in pay, |
473
|
demotions, layoffs, transfers, and grievances.-- |
474
|
(1) Any employee who has satisfactorily completed at least |
475
|
a 1-year probationary period in his or her current position |
476
|
permanent status in the career servicemay be suspended or |
477
|
dismissed only for cause. Cause shall include, but is not |
478
|
limited to, poor performance, negligence, inefficiency or |
479
|
inability to perform assigned duties, insubordination, violation |
480
|
of the provisions of law or agency rules, conduct unbecoming a |
481
|
public employee, misconduct, habitual drug abuse, or conviction |
482
|
of any crime. The agency head shall ensure that all employees of |
483
|
the agency have reasonable access to the agency's personnel |
484
|
manual. |
485
|
(2) The department shall establish rules and procedures |
486
|
for the suspension, reduction in pay, transfer, layoff, |
487
|
demotion, and dismissal of employees in the career service. |
488
|
Except with regard to law enforcement or correctional officers, |
489
|
firefighters, or professional health care providers, rules |
490
|
regarding layoff procedures shall not include any system whereby |
491
|
a career service employee with greater seniority has the option |
492
|
of selecting a different position not being eliminated, but |
493
|
either vacant or already occupied by an employee of less |
494
|
seniority, and taking that position, commonly referred to as |
495
|
"bumping." For the implementation of layoffs as defined in s. |
496
|
110.107110.203, the department shall develop rules requiring |
497
|
that consideration be given to comparative merit, demonstrated |
498
|
skills, and the employee's experience. Such rules shall be |
499
|
approved by the Administration Commission prior to their |
500
|
adoption by the department. |
501
|
(4) A grievance process shall be available to permanent |
502
|
career service employees who have satisfactorily completed at |
503
|
least a 1-year probationary period in their current positions. A |
504
|
grievance is defined as the dissatisfaction that occurs when an |
505
|
employee believes that any condition affecting the employee is |
506
|
unjust, inequitable, or a hindrance to effective operation. |
507
|
Claims of discrimination and sexual harassment or claims related |
508
|
to suspensions, reductions in pay, demotions, and dismissals are |
509
|
not subject to the career service grievance process. The |
510
|
following procedures shall apply to any grievance filed pursuant |
511
|
to this subsection, except that all timeframes may be extended |
512
|
in writing by mutual agreement: |
513
|
(a) Step One.--The employee may submit a signed, written |
514
|
grievance on a form provided by the agency to his or her |
515
|
supervisor within 7 calendar days following the occurrence of |
516
|
the event giving rise to the grievance. The supervisor must meet |
517
|
with the employee to discuss the grievance within and provide a |
518
|
written response to the employee5 business days following |
519
|
receipt of the grievance. |
520
|
(b) Step Two.--If the employee is dissatisfied with the |
521
|
response of his or her supervisor, the employee may submit the |
522
|
written grievance to the agency head or his or her designee |
523
|
within 2 business days following receipt of the supervisor’s |
524
|
written responsethe meeting with his or her supervisor. The |
525
|
agency head or his or her designee must meet with the employee |
526
|
to discuss the grievance within 5 business days following |
527
|
receipt of the grievance. The agency head or his or her designee |
528
|
must respond in writing to the employee within 5 business days |
529
|
following the meeting. The written decision of the agency head |
530
|
shall be the final authority for all grievances filed pursuant |
531
|
to this subsection. Such grievances may not be appealed beyond |
532
|
Step Two. |
533
|
(5)(a) A permanent career service employee who has |
534
|
satisfactorily completed at least a 1-year probationary period |
535
|
in his or her current position andwho is subject to a |
536
|
suspension, reduction in pay, demotion, or dismissal shall |
537
|
receive written notice of such action at least 10 days prior to |
538
|
the date such action is to be taken. Subsequent to such notice, |
539
|
and prior to the date the action is to be taken, the affected |
540
|
employee shall be given an opportunity to appear before the |
541
|
agency or official taking the action to answer orally and in |
542
|
writing the charges against him or her. The notice to the |
543
|
employee required by this paragraph may be delivered to the |
544
|
employee personally or may be sent by certified mail with return |
545
|
receipt requested. Such actions shall be appealable to the |
546
|
Public Employees Relations Commission as provided in subsection |
547
|
(6). Written notice of any such appeal shall be filed by the |
548
|
employee with the commission within 14 calendar days after the |
549
|
date on which the notice of suspension, reduction in pay, |
550
|
demotion, or dismissal is received by the employee. |
551
|
(b) In extraordinary situations such as when the retention |
552
|
of a permanent career service employee who has satisfactorily |
553
|
completed at least a 1-year probationary period in his or her |
554
|
current positionwould result in damage to state property, would |
555
|
be detrimental to the best interest of the state, or would |
556
|
result in injury to the employee, a fellow employee, or some |
557
|
other person, such employee may be suspended or dismissed |
558
|
without 10 days' prior notice, provided that written or oral |
559
|
notice of such action, evidence of the reasons therefor, and an |
560
|
opportunity to rebut the charges are furnished to the employee |
561
|
prior to such dismissal or suspension. Such notice may be |
562
|
delivered to the employee personally or may be sent by certified |
563
|
mail with return receipt requested. Agency compliance with the |
564
|
foregoing procedure requiring notice, evidence, and an |
565
|
opportunity for rebuttal must be substantiated. Any employee who |
566
|
is suspended or dismissed pursuant to the provisions of this |
567
|
paragraph may appeal to the Public Employees Relations |
568
|
Commission as provided in subsection (6). Written notice of any |
569
|
such appeal shall be filed with the commission by the employee |
570
|
within 14 days after the date on which the notice of suspension, |
571
|
reduction in pay, demotion, or dismissal is received by the |
572
|
employee. |
573
|
Section 10. Paragraph (c) of subsection (2) of section |
574
|
110.406, Florida Statutes, is amended to read: |
575
|
110.406 Senior Management Service; data collection.-- |
576
|
(2) The data required by this section shall include: |
577
|
(c) In addition, as needed, the data shall include: |
578
|
1. A pricing analysis based on a market survey of |
579
|
positions comparable to those included in the Senior Management |
580
|
Service and recommendations with respect to whether, and to what |
581
|
extent, revisions to the pay bandssalary rangesfor the Senior |
582
|
Management Service classifications should be implemented. |
583
|
2. An analysis of actual salary levels for each |
584
|
classification within the Senior Management Service, indicating |
585
|
the mean salary for each classification within the Senior |
586
|
Management Service and the deviation from such mean with respect |
587
|
to each agency's salary practice in each classification; a |
588
|
review of the duties and responsibilities in relation to the |
589
|
incumbents' salary levels, credentials, skills, knowledge, and |
590
|
abilities; and an opinion as to whether the salary practices |
591
|
reflected thereby indicate interagency salary inequities among |
592
|
positions within the Senior Management Service. |
593
|
Section 11. Subsection (1) of section 110.603, Florida |
594
|
Statutes, is amended to read: |
595
|
110.603 Pay and benefits.--The department shall adopt: |
596
|
(1) A classification plan and a pay plan consisting of pay |
597
|
bandssalary rangesappropriate to the positions included in the |
598
|
Selected Exempt Service and which provides for salary increases |
599
|
based on performance. Such pay bandssalary rangesshall be |
600
|
designed to attract and retain qualified personnel for the |
601
|
Selected Exempt Service. |
602
|
Section 12. Paragraph (c) of subsection (2) of section |
603
|
110.606, Florida Statutes, is amended to read: |
604
|
110.606 Selected Exempt Service; data collection.-- |
605
|
(2) The data required by this section shall include: |
606
|
(c) In addition, as needed: |
607
|
1. A pricing analysis based on a market survey of |
608
|
positions comparable to those included in the Selected Exempt |
609
|
Service and recommendations with respect to whether, and to what |
610
|
extent, revisions to the pay bandssalary rangesfor the |
611
|
Selected Exempt Service classifications should be implemented. |
612
|
2. An analysis of actual salary levels for each |
613
|
classification within the Selected Exempt Service, indicating |
614
|
the mean salary for each classification within the Selected |
615
|
Exempt Service and the deviation from such means with respect to |
616
|
each agency's salary practice in each classification; reviewing |
617
|
the duties and responsibilities in relation to the incumbents' |
618
|
salary levels, credentials, skills, knowledge, and abilities; |
619
|
and discussing whether the salary practices reflected thereby |
620
|
indicate interagency salary inequities among positions within |
621
|
the Selected Exempt Service. |
622
|
Section 13. Subsection (6) of section 215.92, Florida |
623
|
Statutes, is amended to read: |
624
|
215.92 Definitions relating to Florida Financial |
625
|
Management Information System Act.--For the purposes of ss. |
626
|
215.90-215.96: |
627
|
(6) "Functional owner" means the agency, or thethatpart |
628
|
of the judicial branch, thatwhichhas the legal responsibility |
629
|
to ensure that a subsystem is designed, implemented, and |
630
|
operated in accordance withdesign, implement, and operate an |
631
|
information subsystem as provided byss. 215.90-215.96. |
632
|
Section 14. Subsections (1) and (2) of section 215.93, |
633
|
Florida Statutes, are amended to read: |
634
|
215.93 Florida Financial Management Information System.-- |
635
|
(1) To provide the information necessary to carry out the |
636
|
intent of the Legislature, there shall be a Florida Financial |
637
|
Management Information System. The Florida Financial Management |
638
|
Information System shall be fully implemented and shall be |
639
|
upgraded as necessary to ensure the efficient operation of an |
640
|
integrated financial management information system and to |
641
|
provide necessary information for the effective operation of |
642
|
state government. Upon the recommendation of the coordinating |
643
|
council and approval of the board, the Florida Financial |
644
|
Management Information System may require data from any state |
645
|
agency information system or information subsystem or may |
646
|
request data from any judicial branch information system or |
647
|
information subsystem that the coordinating council and board |
648
|
have determined to have statewide financial management |
649
|
significance. Each functional owner information subsystem within |
650
|
the Florida Financial Management Information System shall be |
651
|
developed in such a fashion as to allow for timely, positive, |
652
|
preplanned, and prescribed data transfers between the Florida |
653
|
Financial Management Information System functional owner |
654
|
information subsystems and from other information systems. The |
655
|
principal unit of the system shall be the functional owner |
656
|
information subsystem, and the system shall include, but shall |
657
|
not be limited to, the following: |
658
|
(a) Planning and Budgeting Subsystem. |
659
|
(b) Florida Accounting Information Resource Subsystem. |
660
|
(c) Cash Management Subsystem. |
661
|
(d) Purchasing Subsystem. |
662
|
(e) Personnel Information SystemCooperative Personnel |
663
|
Employment Subsystem. |
664
|
(2) Each information subsystem shall have a functional |
665
|
owner, who may establish additional functions for the subsystem |
666
|
unless specifically prohibited by ss. 215.90-215.96. However, |
667
|
without the express approval of the board upon recommendation of |
668
|
the coordinating council, no functional owner nor any other |
669
|
agency shall have the authority to establish or maintain |
670
|
additional subsystems which duplicate any of the information |
671
|
subsystems of the Florida Financial Management Information |
672
|
System. Each functional owner shall solicit input and responses |
673
|
from agencies utilizing the information subsystem. Each |
674
|
functional owner may contract with the other functional owners |
675
|
or private sector entitiesfor assistancein the design, |
676
|
development, and implementation of their information systems and |
677
|
subsystems. Each functional owner shall include in its |
678
|
information subsystem functional specifications the data |
679
|
requirements and standards of the Florida Financial Management |
680
|
Information System as approved by the board. Each functional |
681
|
owner shall establish design teams that shall plan and |
682
|
coordinate the design and implementation of its subsystem within |
683
|
the framework established by the board. The design teams shall |
684
|
assist the design and coordination staff in carrying out the |
685
|
duties assigned by the board or the coordinating council. The |
686
|
coordinating council shall review and approve the work plans for |
687
|
these projects. |
688
|
Section 15. Subsections (5) and (6) of section 215.94, |
689
|
Florida Statutes, are amended to read: |
690
|
215.94 Designation, duties, and responsibilities of |
691
|
functional owners.-- |
692
|
(5) The Department of Management Services shall be the |
693
|
functional owner of the Personnel Information SystemCooperative |
694
|
Personnel Employment Subsystem. The department shall ensure that |
695
|
the system is designed, implemented, and operateddesign, |
696
|
implement, and operate the subsystemin accordance with the |
697
|
provisions of ss. 110.116 and 215.90-215.96. The department may |
698
|
contract with a vendor to provide the system and services |
699
|
required of the Personnel Information System.The subsystem |
700
|
shall include, but shall not be limited to, functions for: |
701
|
(a) Maintenance of employee and position data, including |
702
|
funding sources and percentages and salary lapse. The employee |
703
|
data shall include, but not be limited to, information to meet |
704
|
the payroll system requirements of the Department of Banking and |
705
|
Finance and to meet the employee benefit system requirements of |
706
|
the Department of Management Services. |
707
|
(b) Recruitment and selectionexamination. |
708
|
(c) Time and leavereporting. |
709
|
(d) Collective bargaining. |
710
|
(6)(a) The Auditor General shall be advised by the |
711
|
functional owner of each information subsystem as to the date |
712
|
that the development or significant modification of its |
713
|
functional system specifications is to begin. |
714
|
(b) Upon such notification, the Auditor General shall |
715
|
participate with each functional owner to the extent necessary |
716
|
to provide assurance that: |
717
|
1. The accounting information produced by the information |
718
|
subsystem adheres to generally accepted accounting principles. |
719
|
2. The information subsystem contains the necessary |
720
|
controls to maintain its integrity, within acceptable limits and |
721
|
at an acceptable cost. |
722
|
3. The information subsystem is auditable. |
723
|
(c) The Auditor General shall specify those additional |
724
|
features, characteristics, controls, and internal control |
725
|
measures deemed necessary to carry out the provisions of this |
726
|
subsection. Further, it shall be the responsibility of each |
727
|
functional owner to ensure installation and incorporation of |
728
|
install and incorporatesuch specified features, |
729
|
characteristics, controls, and internal control measures within |
730
|
each information subsystem. |
731
|
Section 16. Subsection (2) of section 216.011, Florida |
732
|
Statutes, is amended to read: |
733
|
216.011 Definitions.-- |
734
|
(2) For purposes of this chapter, terms related to |
735
|
personnel affairs of the state shall be defined as set forth in |
736
|
s. 110.107110.203. |
737
|
Section 17. Section 110.203, Florida Statutes, is |
738
|
repealed. |
739
|
Section 18. This act shall take effect July 1, 2003. |