HB 1869 2003
   
1 A bill to be entitled
2          An act relating to government employment; amending s.
3    110.107, F.S.; providing definitions; amending s. 110.116,
4    F.S.; authorizing the Department of Management Services to
5    contract with a vendor to provide the personnel
6    information system; amending s. 110.1245, F.S.; revising
7    language regarding employee recognition; deleting a 5-year
8    employment requirement for certain recognition; amending
9    s. 110.152, F.S.; revising payment schedules for adoption
10    benefits for state employees; amending s. 110.191, F.S.;
11    correcting a cross reference; amending s. 110.2035, F.S.;
12    deleting requirement that the Department of Management
13    Services consult with the Executive Office of the Governor
14    and the Legislature with regard to a compensation and
15    classification program; providing requirements for the
16    program; providing duties and responsibilities to the
17    department with respect to employment actions by other
18    agencies; providing rule adoption authority; providing
19    that employing agencies shall have the responsibility for
20    the day-to-day application of such rules; providing
21    additional authority and responsibilities for employing
22    agencies; requiring the Department of Management Services
23    to establish and maintain an equitable pay plan for use by
24    state agencies; providing authority and responsibilities
25    of the department and employing agencies with respect to
26    such plan; amending s. 110.205, F.S.; conforming language;
27    amending s. 110.213, F.S.; providing that agencies shall
28    ensure that candidates for employment are properly
29    licensed, certified, or registered, when required by law;
30    amending s. 110.227, F.S.; providing for a 1-year
31    probationary period for Career Service employees; revising
32    procedures with respect to the employee grievance process;
33    correcting a cross reference; amending ss. 110.406,
34    110.603, and 110.606, F.S.; conforming language; amending
35    s. 215.92, F.S.; redefining the term “functional owner”;
36    amending s. 215.93, F.S.; authorizing the Department of
37    Management Services to contract with private entities to
38    design, develop, and implement the department’s
39    information systems and subsystems; amending s. 215.94,
40    F.S.; providing that the Department of Management Services
41    is the functional owner of the personnel information
42    system; amending s. 216.011, F.S.; correcting a cross
43    reference; repealing s. 110.203, F.S., relating to
44    definitions; providing an effective date.
45         
46          Be It Enacted by the Legislature of the State of Florida:
47         
48          Section 1. Subsections (4) through (31) are added to
49    section 110.107, Florida Statutes, to read:
50          110.107 Definitions.--As used in this chapter, the term:
51          (4) "State agency" or "agency" means any official,
52    officer, commission, board, authority, council, committee, or
53    department of the executive branch or the judicial branch of
54    state government as defined in chapter 216.
55          (5) "Position" means the work, consisting of duties and
56    responsibilities, assigned to be performed by an officer or
57    employee.
58          (6) "Full-time position" means a position authorized for
59    the entire normally established work period, daily, weekly,
60    monthly, or annually.
61          (7) "Part-time position" means a position authorized for
62    less than the entire normally established work period, daily,
63    weekly, monthly, or annually.
64          (8) "Occupation" means all positions which are
65    sufficiently similar in knowledge, skills, and abilities, and
66    sufficiently similar as to kind or subject matter of work.
67          (9) "Occupational group" means a group of occupations
68    which are sufficiently similar in kind of work performed to
69    warrant the use of the same performance factors in determining
70    the level of complexity for all occupations in that occupational
71    group.
72          (10) "Classification plan" means a formal description of
73    the concepts, rules, job family definitions, occupational group
74    characteristics, and occupational profiles used in the
75    classification of positions.
76          (11) "Pay plan" means a formal description of the
77    philosophy, methods, procedures, and salary schedules for
78    competitively compensating employees at market-based rates for
79    work performed.
80          (12) "Salary schedule" means an official document which
81    contains a complete list of occupation titles, broadband level
82    codes, and pay bands.
83          (13) "Authorized position" means a position included in an
84    approved budget. In counting the number of authorized positions,
85    part-time positions may be converted to full-time equivalents.
86          (14) "Established position" means an authorized position
87    which has been classified in accordance with a classification
88    and pay plan as provided by law.
89          (15) "Position number" means the identification number
90    assigned to an established position.
91          (16) "Reclassification" means changing an established
92    position in one broadband level in an occupational group to a
93    higher or lower broadband level in the same occupational group
94    or to a broadband level in a different occupational group.
95          (17) "Promotion" means changing the classification of an
96    employee to a broadband level having a higher maximum salary; or
97    the changing of the classification of an employee to a broadband
98    level having the same or a lower maximum salary but a higher
99    level of responsibility.
100          (18) "Demotion" means changing the classification of an
101    employee to a broadband level having a lower maximum salary; or
102    the changing of the classification of an employee to a broadband
103    level having the same or a higher maximum salary but a lower
104    level of responsibility.
105          (19) "Transfer" means moving an employee from one
106    geographic location of the state to a different geographic
107    location in excess of 50 miles from the employee's current work
108    location.
109          (20) "Reassignment" means moving an employee from a
110    position in one broadband level to a different position in the
111    same broadband level or to a different broadband level having
112    the same maximum salary.
113          (21) "Dismissal" means a disciplinary action taken by an
114    agency pursuant to s. 110.227 against an employee resulting in
115    termination of his or her employment.
116          (22) "Suspension" means a disciplinary action taken by an
117    agency pursuant to s. 110.227 against an employee to temporarily
118    relieve the employee of his or her duties and place him or her
119    on leave without pay.
120          (23) "Layoff" means termination of employment due to a
121    shortage of funds or work, or a material change in the duties or
122    organization of an agency, including the outsourcing or
123    privatization of an activity or function previously performed by
124    career service employees.
125          (24) "Employing agency" means any agency authorized to
126    employ personnel to carry out the responsibilities of the agency
127    under the provisions of chapter 20 or other statutory authority.
128          (25) "Shared employment" means part-time career employment
129    whereby the duties and responsibilities of a full-time position
130    in the career service are divided among part-time employees who
131    are eligible for the position and who receive career service
132    benefits and wages pro rata. In no case shall "shared
133    employment" include the employment of persons paid from other-
134    personal-services funds.
135          (26) "Firefighter" means a firefighter certified under
136    chapter 633.
137          (27) "Law enforcement or correctional officer" means a law
138    enforcement officer, special agent, correctional officer,
139    correctional probation officer, or institutional security
140    specialist required to be certified under chapter 943.
141          (28) "Professional health care provider" means registered
142    nurses, physician's assistants, dentists, psychologists,
143    nutritionists or dietitians, pharmacists, psychological
144    specialists, physical therapists, and speech and hearing
145    therapists.
146          (29) “Job family” means a defined grouping of one or more
147    occupational groups.
148          (30) “Pay band” means the minimum salary, the maximum
149    salary, and intermediate rates which are payable for work in a
150    specific broadband level.
151          (31) “Broadband level” means all positions which are
152    sufficiently similar in knowledge, skills, and abilities, and
153    sufficiently similar as to kind or subject matter of work, level
154    of difficulty or responsibilities, and qualification
155    requirements of the work to warrant the same treatment as to
156    title, pay band, and other personnel transactions.
157          Section 2. Subsection (1) of section 110.116, Florida
158    Statutes, is amended to read:
159          110.116 Personnel information system; payroll
160    procedures.--
161          (1) The Department of Management Services shall establish
162    and maintain, in coordination with the payroll system of the
163    Department of Banking and Finance, a complete personnel
164    information system for all authorized and established positions
165    in the state service, with the exception of employees of the
166    Legislature, unless the Legislature chooses to participate. The
167    department may contract with a vendor to provide the personnel
168    information system. The specifications shall be developed in
169    conjunction with the payroll system of the Department of Banking
170    and Finance and in coordination with the Auditor General. The
171    Department of Banking and Finance shall determine that the
172    position occupied by each employee has been authorized and
173    established in accordance with the provisions of s. 216.251. The
174    Department of Management Services shall develop and maintain a
175    position numbering system that will identify each established
176    position, and such information shall be a part of the payroll
177    system of the Department of Banking and Finance. With the
178    exception of employees of the Legislature, unless the
179    Legislature chooses to participate,this system shall include
180    all career service positions and those positions exempted from
181    career service provisions, notwithstanding the funding source of
182    the salary payments, and information regarding persons receiving
183    payments from other sources. Necessary revisions shall be made
184    in the personnel and payroll procedures of the state to avoid
185    duplication insofar as is feasible. A list shall be organized by
186    budget entity to show the employees or vacant positions within
187    each budget entity. This list shall be available to the Speaker
188    of the House of Representatives and the President of the Senate
189    upon request.
190          Section 3. Paragraph (d) of subsection (1), paragraph (d)
191    of subsection (2), and subsection (4) of section 110.1245,
192    Florida Statutes, are amended to read:
193          110.1245 Savings sharing program; bonus payments; other
194    awards.--
195          (1)
196          (d) The department and the judicial branch shall submit
197    annually to the President of the Senate and the Speaker of the
198    House of Representatives information that outlines each agency's
199    level of participation in the savings sharing program. The
200    information shall include, but is not limited to:
201          1. The number of proposals made.
202          2. The number of dollars and awards made to employees or
203    groups for adopted proposals.
204          3. The actual cost savings realized as a result of
205    implementing employee or group proposals.
206          4. The number of employees or groups recognized for
207    superior accomplishments.
208          (2) In June of each year, bonuses shall be paid to
209    employees from funds authorized by the Legislature in an
210    appropriation specifically for bonuses. Each agency shall
211    develop a plan for awarding lump-sum bonuses, which plan shall
212    be submitted no later than September 15 of each year and
213    approved by the Office of Policy and Budget in the Executive
214    Office of the Governor. Such plan shall include, at a minimum,
215    but is not limited to:
216          (d) A process for peer input that is fair, respectful of
217    employees, and affects the outcome of the bonus distribution
218    Peer input to account for at least 40 percent of the bonus award
219    determination.
220          (4) Each department head is authorized to incur
221    expenditures to award suitable framed certificates, pins, or
222    other tokens of recognition to state employees who demonstrate
223    have achieved increments of 5 years ofsatisfactory service in
224    the agency or to the state, in appreciation and recognition of
225    such service. Such awards may not cost in excess of $100 each
226    plus applicable taxes.
227          Section 4. Paragraph (a) of subsection (1) of section
228    110.152, Florida Statutes, is amended to read:
229          110.152 Adoption benefits for state employees; parental
230    leave.--
231          (1)(a)1.Any full-time or part-time employee of the state
232    who is paid from regular salary appropriations and who adopts a
233    special-needs child, as defined in paragraph (b), is eligible to
234    receive a monetary benefit in the amount of $10,000 per child,
235    $5,000 of which is payable in equal monthly installments over a
236    1-year2-yearperiod. Any employee of the state who adopts a
237    child whose permanent custody has been awarded to the Department
238    of Children and Family Services or to a Florida-licensed child-
239    placing agency, other than a special-needs child as defined in
240    paragraph (b), shall be eligible to receive a monetary benefit
241    in the amount of $5,000 per child, $2,000 ofwhich is payable in
242    equal monthly installments over a 1-year2-yearperiod. Benefits
243    paid under this subsection to a part-time employee must be
244    prorated based on the employee's full-time-equivalency status at
245    the time of applying for the benefits.
246          2. For the 2002-2003 fiscal year only, the Department of
247    Management Services is authorized to make lump-sum payments for
248    adoption benefits awarded during fiscal years 2000-2001 and
249    2001-2002. This subparagraph expires July 1, 2003.
250          Section 5. Subsection (1) of section 110.191, Florida
251    Statutes, is amended to read:
252          110.191 State employee leasing.--
253          (1) In situations where the Legislature has expressly
254    authorized the state, an agency, or the judicial branch as
255    defined in s. 110.107110.203to lease employees, the Executive
256    Office of the Governor for the executive branch or the Chief
257    Justice for the judicial branch may authorize any of the
258    following actions related to such state employee leasing
259    activities, provided that the direct cost of such actions is to
260    be paid or reimbursed within 30 days after payment by the entity
261    or person to whom the employees are leased:
262          (a) Create a separate budget entity from which leased
263    employees shall be paid and transfer the positions authorized to
264    be leased to that budget entity.
265          (b) Provide increases in the operating budget entity.
266          (c) Authorized lump-sum salary bonuses to leased
267    employees; however, any lump-sum salary bonus above the
268    automatic salary increases which may be contained in the General
269    Appropriations Act must be funded from private sources.
270          (d) Approve increases in salary rate for positions which
271    are leased; however, any salary rate above the automatic salary
272    increases which may be contained in the General Appropriations
273    Act must be funded from private sources.
274          (e) Waive any requirement for automatic salary increases
275    which may be contained in the General Appropriations Act.
276          Section 6. Section 110.2035, Florida Statutes, is amended
277    to read:
278          110.2035 Classification and compensation program.--
279          (1) The Department of Management Services, in consultation
280    with the Executive Office of the Governor and the Legislature,
281    shall establish and maintaindevelopa classification and
282    compensation program addressing. This program shall be developed
283    for use by all state agencies and shall addressCareer Service,
284    Selected Exempt Service, and Senior Management Service positions
285    classes. No action may be taken to fill any position until it
286    has been classified in accordance with the classification plan.
287          (a) The department shall develop occupation profiles
288    necessary for the establishment of new occupations or for the
289    revision of existing occupations and shall adopt the appropriate
290    occupation title and broadband level code for each occupation.
291    Such occupation profiles, titles, and codes shall not constitute
292    rules within the meaning of s. 120.52.
293          (b) The department shall be responsible for conducting
294    periodic studies and surveys to ensure that the classification
295    plan is maintained on a current basis.
296          (c) The department may review in a postaudit capacity the
297    action taken by an employing agency in classifying or
298    reclassifying a position.
299          (d) The department shall effect a classification change on
300    any classification or reclassification action taken by an
301    employing agency if the action taken by the agency was not based
302    on the duties and responsibilities officially assigned the
303    position as they relate to the concepts and description
304    contained in the official occupation profile and the level
305    definition defined in the occupational group characteristics
306    adopted by the department.
307          (e) In cooperation and consultation with the employing
308    agencies, the department shall adopt rules necessary to govern
309    the administration of the classification plan. Such rules shall
310    be approved by the Administration Commission prior to their
311    adoption by the department.
312          (2) The program shall consist of the following:
313          (a) A position classification system using no more than 38
314    50 occupational groups and up to a 6-broadband level6-class
315    seriesstructure for each occupation within an occupational
316    group. Additional occupational groups may be established only by
317    the Executive Office of the Governor after consultation with the
318    Legislature.
319          (b) A pay plan that shall provide broad-based pay bands
320    broad-based salary ranges for each occupational group and shall
321    consist of no more than 25 pay bands.
322          (3) The following goals shall be considered in designing
323    and implementing and maintainingthe program:
324          (a) The classification system must significantly reduce
325    the need to reclassify positions due to work assignment and
326    organizational changes by decreasing the number of
327    classification changes required.
328          (b) The classification system must establish broadband
329    levelsbroad-based classesallowing flexibility in
330    organizational structure and must reduce the numberlevelsof
331    supervisory broadband levelsclasses.
332          (c) The classification system and compensation programpay
333    planmust emphasize pay administration and job-performance
334    evaluation by management rather than emphasize use of the
335    classification system to award salary increases.
336          (d) The pay administration system must contain provisions
337    to allow managers the flexibility to move employees through the
338    pay bandsrangesand provide for salary increase additives and
339    lump-sum bonuses.
340          (4) The classification system shall be structured such
341    that each confidential, managerial, and supervisory employee
342    shall be included in the Selected Exempt Service, in accordance
343    with part V of this chapter.
344          (5) The employing agency shall be responsible for the day-
345    to-day application of classification rules promulgated by the
346    departmentThe Department of Management Services shall submit
347    the proposed design of the classification and compensation
348    program to the Executive Office of the Governor, the presiding
349    officers of the Legislature, and the appropriate legislative
350    fiscal and substantive standing committees on or before December
351    1, 2001.
352          (a) The employing agency shall maintain on a current basis
353    a position description for each authorized and established
354    position assigned the agency. The position description shall
355    include an accurate description of assigned duties and
356    responsibilities and other pertinent information concerning a
357    position and shall serve as a record of the official assignment
358    of duties to the position. Such description shall be used in the
359    comparison of positions to ensure uniformity of classifications.
360          (b) The employing agency shall have the authority and
361    responsibility to classify positions authorized by the
362    Legislature or authorized pursuant to s. 216.262; to classify
363    positions that are added in lieu of positions deleted pursuant
364    to s. 216.262; and to reclassify established positions.
365    Classification and reclassification actions taken by an
366    employing agency shall be within the occupations established by
367    the department, shall be funded within the limits of currently
368    authorized appropriations, and shall be in accordance with the
369    uniform procedures adopted by the department.
370          (6) The department shall establish and maintain an
371    equitable pay plan applicable to all occupations and shall be
372    responsible for the overall review, coordination, and
373    administration of the pay plan.
374          (a) The department shall provide for broad, market-based
375    pay bands for occupations and shall establish guidelines for the
376    employing agencies to move employees through these pay bands.
377    The employing agencies may determine the appropriate salary
378    within the pay bands and guidelines adopted by the department.
379    Such pay bands, and the assignment of broadband levels to
380    positions, shall not constitute rules within the meaning of s.
381    120.52.
382          (b) The department shall conduct wage and salary surveys
383    as necessary for the purpose of achieving the goal of an
384    equitable, competitive, market-based pay policy.
385          (c)(6)The department shall establish, by rule, guidelines
386    with respect to, and shall delegate to the employing agencies,
387    where appropriate, the authority to administer the following:
388          1.(a)Shift differentials.
389          2.(b)On-call fees.
390          3.(c)Hazardous-duty pay.
391          (d) Advanced appointment rates.
392          4.(e)Salary increase and decrease corrections.
393          5.(f)Lead-worker pay.
394          6.(g)Temporary special duties pay.
395          7.(h)Trainer-additive pay.
396          8.(i)Competitive area differentials.
397          (j) Coordinator pay.
398          9.(k)Critical market pay.
399         
400          The employing agency must use such pay additives as are
401    appropriate within the guidelines established by the department
402    and shall advise the department in writing of the plan for
403    implementing such pay additives prior to the implementation
404    date. Any action by an employing agency to implement temporary
405    special duties pay, competitive area differentials, or critical
406    market pay may be implemented only after the department has
407    reviewed and recommended such action; however, an employing
408    agency may use temporary special duties pay for up to 3 months
409    without prior review by the department. The department shall
410    annually provide a summary report of the pay additives
411    implemented pursuant to this section.
412          Section 7. Paragraph (q) of subsection (2), and
413    subsections (4), (5), and (6) of section 110.205, Florida
414    Statutes, are amended to read:
415          110.205 Career service; exemptions.--
416          (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.