ENROLLED HB 1869, Engrossed 1 2003 Legislature
1	A bill to be entitled
2	An act relating to government; providing a legislative
3	finding; requiring the Department of Management Services
4	to issue an invitation to negotiate for the purpose of
5	establishing a state term contract to conduct a review of
6	certain agency contracts; amending s. 110.107, F.S.;
7	providing definitions; amending s. 110.116, F.S.;
8	authorizing the Department of Management Services to
9	contract with a vendor to provide the personnel
10	information system; amending s. 110.1245, F.S.; revising
11	language regarding employee recognition; deleting a 5-year
12	employment requirement for certain recognition; amending
13	s. 110.152, F.S.; revising payment schedules for adoption
14	benefits for state employees; amending s. 110.191, F.S.;
15	correcting a cross reference; amending s. 110.2035, F.S.;
16	deleting requirement that the Department of Management
17	Services consult with the Executive Office of the Governor
18	and the Legislature with regard to a compensation and
19	classification program; providing requirements for the
20	program; providing duties and responsibilities to the
21	department with respect to employment actions by other
22	agencies; providing rule adoption authority; providing
23	that employing agencies shall have the responsibility for
24	the day-to-day application of such rules; providing
25	additional authority and responsibilities for employing
26	agencies; requiring the Department of Management Services
27	to establish and maintain an equitable pay plan for use by
28	state agencies; providing authority and responsibilities
29	of the department and employing agencies with respect to
30	such plan; amending s. 110.205, F.S.; conforming language;
31	amending s. 110.213, F.S.; providing that agencies shall
32	ensure that candidates for employment are properly
33	licensed, certified, or registered, when required by law;
34	amending s. 110.227, F.S.; providing for a 1-year
35	probationary period for Career Service employees; revising
36	procedures with respect to the employee grievance process;
37	correcting a cross reference; amending ss. 110.406,
38	110.603, and 110.606, F.S.; conforming language; amending
39	s. 215.92, F.S.; redefining the term “functional owner”;
40	amending s. 215.93, F.S.; authorizing the Department of
41	Management Services to contract with private entities to
42	design, develop, and implement the department’s
43	information systems and subsystems; amending s. 215.94,
44	F.S.; providing that the Department of Management Services
45	is the functional owner of the personnel information
46	system; amending s. 216.011, F.S.; correcting a cross
47	reference; repealing s. 110.203, F.S., relating to
48	definitions; providing an effective date.
49
50	Be It Enacted by the Legislature of the State of Florida:
51
52	Section 1. The Legislature finds that a complete review of
53	state agency service contracts with respect to equipment and
54	capital assets could produce immediate and long-term savings.
55	Section 2. The Department of Management Services shall
56	issue an invitation to negotiate pursuant to chapter 287,
57	Florida Statutes, by July 1, 2003, for purposes of establishing
58	a state term contract as defined in s. 287.012, Florida
59	Statutes, for a comprehensive review of state agency service
60	contracts for the periodic repair, preventative maintenance, or
61	enhancement of leased or owned equipment, including, but not
62	limited to, office equipment, office systems, and any other
63	capital assets.
64	Section 3. Subsections (4) through (31) are added to
65	section 110.107, Florida Statutes, to read:
66	110.107 Definitions.--As used in this chapter, the term:
67	(4) "State agency" or "agency" means any official,
68	officer, commission, board, authority, council, committee, or
69	department of the executive branch or the judicial branch of
70	state government as defined in chapter 216.
71	(5) "Position" means the work, consisting of duties and
72	responsibilities, assigned to be performed by an officer or
73	employee.
74	(6) "Full-time position" means a position authorized for
75	the entire normally established work period, daily, weekly,
76	monthly, or annually.
77	(7) "Part-time position" means a position authorized for
78	less than the entire normally established work period, daily,
79	weekly, monthly, or annually.
80	(8) "Occupation" means all positions which are
81	sufficiently similar in knowledge, skills, and abilities, and
82	sufficiently similar as to kind or subject matter of work.
83	(9) "Occupational group" means a group of occupations
84	which are sufficiently similar in kind of work performed to
85	warrant the use of the same performance factors in determining
86	the level of complexity for all occupations in that occupational
87	group.
88	(10) "Classification plan" means a formal description of
89	the concepts, rules, job family definitions, occupational group
90	characteristics, and occupational profiles used in the
91	classification of positions.
92	(11) "Pay plan" means a formal description of the
93	philosophy, methods, procedures, and salary schedules for
94	competitively compensating employees at market-based rates for
95	work performed.
96	(12) "Salary schedule" means an official document which
97	contains a complete list of occupation titles, broadband level
98	codes, and pay bands.
99	(13) "Authorized position" means a position included in an
100	approved budget. In counting the number of authorized positions,
101	part-time positions may be converted to full-time equivalents.
102	(14) "Established position" means an authorized position
103	which has been classified in accordance with a classification
104	and pay plan as provided by law.
105	(15) "Position number" means the identification number
106	assigned to an established position.
107	(16) "Reclassification" means changing an established
108	position in one broadband level in an occupational group to a
109	higher or lower broadband level in the same occupational group
110	or to a broadband level in a different occupational group.
111	(17) "Promotion" means changing the classification of an
112	employee to a broadband level having a higher maximum salary; or
113	the changing of the classification of an employee to a broadband
114	level having the same or a lower maximum salary but a higher
115	level of responsibility.
116	(18) "Demotion" means changing the classification of an
117	employee to a broadband level having a lower maximum salary; or
118	the changing of the classification of an employee to a broadband
119	level having the same or a higher maximum salary but a lower
120	level of responsibility.
121	(19) "Transfer" means moving an employee from one
122	geographic location of the state to a different geographic
123	location in excess of 50 miles from the employee's current work
124	location.
125	(20) "Reassignment" means moving an employee from a
126	position in one broadband level to a different position in the
127	same broadband level or to a different broadband level having
128	the same maximum salary.
129	(21) "Dismissal" means a disciplinary action taken by an
130	agency pursuant to s. 110.227 against an employee resulting in
131	termination of his or her employment.
132	(22) "Suspension" means a disciplinary action taken by an
133	agency pursuant to s. 110.227 against an employee to temporarily
134	relieve the employee of his or her duties and place him or her
135	on leave without pay.
136	(23) "Layoff" means termination of employment due to a
137	shortage of funds or work, or a material change in the duties or
138	organization of an agency, including the outsourcing or
139	privatization of an activity or function previously performed by
140	career service employees.
141	(24) "Employing agency" means any agency authorized to
142	employ personnel to carry out the responsibilities of the agency
143	under the provisions of chapter 20 or other statutory authority.
144	(25) "Shared employment" means part-time career employment
145	whereby the duties and responsibilities of a full-time position
146	in the career service are divided among part-time employees who
147	are eligible for the position and who receive career service
148	benefits and wages pro rata. In no case shall "shared
149	employment" include the employment of persons paid from other-
150	personal-services funds.
151	(26) "Firefighter" means a firefighter certified under
152	chapter 633.
153	(27) "Law enforcement or correctional officer" means a law
154	enforcement officer, special agent, correctional officer,
155	correctional probation officer, or institutional security
156	specialist required to be certified under chapter 943.
157	(28) "Professional health care provider" means registered
158	nurses, physician's assistants, dentists, psychologists,
159	nutritionists or dietitians, pharmacists, psychological
160	specialists, physical therapists, and speech and hearing
161	therapists.
162	(29) “Job family” means a defined grouping of one or more
163	occupational groups.
164	(30) “Pay band” means the minimum salary, the maximum
165	salary, and intermediate rates which are payable for work in a
166	specific broadband level.
167	(31) “Broadband level” means all positions which are
168	sufficiently similar in knowledge, skills, and abilities, and
169	sufficiently similar as to kind or subject matter of work, level
170	of difficulty or responsibilities, and qualification
171	requirements of the work to warrant the same treatment as to
172	title, pay band, and other personnel transactions.
173	Section 4. Subsection (1) of section 110.116, Florida
174	Statutes, is amended to read:
175	110.116 Personnel information system; payroll
176	procedures.--
177	(1) The Department of Management Services shall establish
178	and maintain, in coordination with the payroll system of the
179	Department of Banking and Finance, a complete personnel
180	information system for all authorized and established positions
181	in the state service, with the exception of employees of the
182	Legislature, unless the Legislature chooses to participate. The
183	department may contract with a vendor to provide the personnel
184	information system. The specifications shall be developed in
185	conjunction with the payroll system of the Department of Banking
186	and Finance and in coordination with the Auditor General. The
187	Department of Banking and Finance shall determine that the
188	position occupied by each employee has been authorized and
189	established in accordance with the provisions of s. 216.251. The
190	Department of Management Services shall develop and maintain a
191	position numbering system that will identify each established
192	position, and such information shall be a part of the payroll
193	system of the Department of Banking and Finance. With the
194	exception of employees of the Legislature, unless the
195	Legislature chooses to participate,this system shall include
196	all career service positions and those positions exempted from
197	career service provisions, notwithstanding the funding source of
198	the salary payments, and information regarding persons receiving
199	payments from other sources. Necessary revisions shall be made
200	in the personnel and payroll procedures of the state to avoid
201	duplication insofar as is feasible. A list shall be organized by
202	budget entity to show the employees or vacant positions within
203	each budget entity. This list shall be available to the Speaker
204	of the House of Representatives and the President of the Senate
205	upon request.
206	Section 5. Paragraph (d) of subsection (1), paragraph (d)
207	of subsection (2), and subsection (4) of section 110.1245,
208	Florida Statutes, are amended to read:
209	110.1245 Savings sharing program; bonus payments; other
210	awards.--
211	(1)
212	(d) The department and the judicial branch shall submit
213	annually to the President of the Senate and the Speaker of the
214	House of Representatives information that outlines each agency's
215	level of participation in the savings sharing program. The
216	information shall include, but is not limited to:
217	1. The number of proposals made.
218	2. The number of dollars and awards made to employees or
219	groups for adopted proposals.
220	3. The actual cost savings realized as a result of
221	implementing employee or group proposals.
222	4. The number of employees or groups recognized for
223	superior accomplishments.
224	(2) In June of each year, bonuses shall be paid to
225	employees from funds authorized by the Legislature in an
226	appropriation specifically for bonuses. Each agency shall
227	develop a plan for awarding lump-sum bonuses, which plan shall
228	be submitted no later than September 15 of each year and
229	approved by the Office of Policy and Budget in the Executive
230	Office of the Governor. Such plan shall include, at a minimum,
231	but is not limited to:
232	(d) A process for peer input that is fair, respectful of
233	employees, and affects the outcome of the bonus distribution
234	Peer input to account for at least 40 percent of the bonus award
235	determination.
236	(4) Each department head is authorized to incur
237	expenditures to award suitable framed certificates, pins, or
238	other tokens of recognition to state employees who demonstrate
239	have achieved increments of 5 years ofsatisfactory service in
240	the agency or to the state, in appreciation and recognition of
241	such service. Such awards may not cost in excess of $100 each
242	plus applicable taxes.
243	Section 6. Paragraph (a) of subsection (1) of section
244	110.152, Florida Statutes, is amended to read:
245	110.152 Adoption benefits for state employees; parental
246	leave.--
247	(1)(a)1.Any full-time or part-time employee of the state
248	who is paid from regular salary appropriations and who adopts a
249	special-needs child, as defined in paragraph (b), is eligible to
250	receive a monetary benefit in the amount of $10,000 per child,
251	$5,000 of which is payable in equal monthly installments over a
252	1-year2-yearperiod. Any employee of the state who adopts a
253	child whose permanent custody has been awarded to the Department
254	of Children and Family Services or to a Florida-licensed child-
255	placing agency, other than a special-needs child as defined in
256	paragraph (b), shall be eligible to receive a monetary benefit
257	in the amount of $5,000 per child, $2,000 ofwhich is payable in
258	equal monthly installments over a 1-year2-yearperiod. Benefits
259	paid under this subsection to a part-time employee must be
260	prorated based on the employee's full-time-equivalency status at
261	the time of applying for the benefits.
262	2. For the 2002-2003 fiscal year only, the Department of
263	Management Services is authorized to make lump-sum payments for
264	adoption benefits awarded during fiscal years 2000-2001 and
265	2001-2002. This subparagraph expires July 1, 2003.
266	Section 7. Subsection (1) of section 110.191, Florida
267	Statutes, is amended to read:
268	110.191 State employee leasing.--
269	(1) In situations where the Legislature has expressly
270	authorized the state, an agency, or the judicial branch as
271	defined in s. 110.107110.203to lease employees, the Executive
272	Office of the Governor for the executive branch or the Chief
273	Justice for the judicial branch may authorize any of the
274	following actions related to such state employee leasing
275	activities, provided that the direct cost of such actions is to
276	be paid or reimbursed within 30 days after payment by the entity
277	or person to whom the employees are leased:
278	(a) Create a separate budget entity from which leased
279	employees shall be paid and transfer the positions authorized to
280	be leased to that budget entity.
281	(b) Provide increases in the operating budget entity.
282	(c) Authorized lump-sum salary bonuses to leased
283	employees; however, any lump-sum salary bonus above the
284	automatic salary increases which may be contained in the General
285	Appropriations Act must be funded from private sources.
286	(d) Approve increases in salary rate for positions which
287	are leased; however, any salary rate above the automatic salary
288	increases which may be contained in the General Appropriations
289	Act must be funded from private sources.
290	(e) Waive any requirement for automatic salary increases
291	which may be contained in the General Appropriations Act.
292	Section 8. Section 110.2035, Florida Statutes, is amended
293	to read:
294	110.2035 Classification and compensation program.--
295	(1) The Department of Management Services, in consultation
296	with the Executive Office of the Governor and the Legislature,
297	shall establish and maintaindevelopa classification and
298	compensation program addressing. This program shall be developed
299	for use by all state agencies and shall addressCareer Service,
300	Selected Exempt Service, and Senior Management Service positions
301	classes. No action may be taken to fill any position until it
302	has been classified in accordance with the classification plan.
303	(a) The department shall develop occupation profiles
304	necessary for the establishment of new occupations or for the
305	revision of existing occupations and shall adopt the appropriate
306	occupation title and broadband level code for each occupation.
307	Such occupation profiles, titles, and codes shall not constitute
308	rules within the meaning of s. 120.52.
309	(b) The department shall be responsible for conducting
310	periodic studies and surveys to ensure that the classification
311	plan is maintained on a current basis.
312	(c) The department may review in a postaudit capacity the
313	action taken by an employing agency in classifying or
314	reclassifying a position.
315	(d) The department shall effect a classification change on
316	any classification or reclassification action taken by an
317	employing agency if the action taken by the agency was not based
318	on the duties and responsibilities officially assigned the
319	position as they relate to the concepts and description
320	contained in the official occupation profile and the level
321	definition defined in the occupational group characteristics
322	adopted by the department.
323	(e) In cooperation and consultation with the employing
324	agencies, the department shall adopt rules necessary to govern
325	the administration of the classification plan. Such rules shall
326	be approved by the Administration Commission prior to their
327	adoption by the department.
328	(2) The program shall consist of the following:
329	(a) A position classification system using no more than 38
330	50 occupational groups and up to a 6-broadband level6-class
331	seriesstructure for each occupation within an occupational
332	group. Additional occupational groups may be established only by
333	the Executive Office of the Governor after consultation with the
334	Legislature.
335	(b) A pay plan that shall provide broad-based pay bands
336	broad-based salary ranges for each occupational group and shall
337	consist of no more than 25 pay bands.
338	(3) The following goals shall be considered in designing
339	and implementing and maintainingthe program:
340	(a) The classification system must significantly reduce
341	the need to reclassify positions due to work assignment and
342	organizational changes by decreasing the number of
343	classification changes required.
344	(b) The classification system must establish broadband
345	levelsbroad-based classesallowing flexibility in
346	organizational structure and must reduce the numberlevelsof
347	supervisory broadband levelsclasses.
348	(c) The classification system and compensation programpay
349	planmust emphasize pay administration and job-performance
350	evaluation by management rather than emphasize use of the
351	classification system to award salary increases.
352	(d) The pay administration system must contain provisions
353	to allow managers the flexibility to move employees through the
354	pay bandsrangesand provide for salary increase additives and
355	lump-sum bonuses.
356	(4) The classification system shall be structured such
357	that each confidential, managerial, and supervisory employee
358	shall be included in the Selected Exempt Service, in accordance
359	with part V of this chapter.
360	(5) The employing agency shall be responsible for the day-
361	to-day application of classification rules promulgated by the
362	departmentThe Department of Management Services shall submit
363	the proposed design of the classification and compensation
364	program to the Executive Office of the Governor, the presiding
365	officers of the Legislature, and the appropriate legislative
366	fiscal and substantive standing committees on or before December
367	1, 2001.
368	(a) The employing agency shall maintain on a current basis
369	a position description for each authorized and established
370	position assigned the agency. The position description shall
371	include an accurate description of assigned duties and
372	responsibilities and other pertinent information concerning a
373	position and shall serve as a record of the official assignment
374	of duties to the position. Such description shall be used in the
375	comparison of positions to ensure uniformity of classifications.
376	(b) The employing agency shall have the authority and
377	responsibility to classify positions authorized by the
378	Legislature or authorized pursuant to s. 216.262; to classify
379	positions that are added in lieu of positions deleted pursuant
380	to s. 216.262; and to reclassify established positions.
381	Classification and reclassification actions taken by an
382	employing agency shall be within the occupations established by
383	the department, shall be funded within the limits of currently
384	authorized appropriations, and shall be in accordance with the
385	uniform procedures adopted by the department.
386	(6) The department shall establish and maintain an
387	equitable pay plan applicable to all occupations and shall be
388	responsible for the overall review, coordination, and
389	administration of the pay plan.
390	(a) The department shall provide for broad, market-based
391	pay bands for occupations and shall establish guidelines for the
392	employing agencies to move employees through these pay bands.
393	The employing agencies may determine the appropriate salary
394	within the pay bands and guidelines adopted by the department.
395	Such pay bands, and the assignment of broadband levels to
396	positions, shall not constitute rules within the meaning of s.
397	120.52.
398	(b) The department shall conduct wage and salary surveys
399	as necessary for the purpose of achieving the goal of an
400	equitable, competitive, market-based pay policy.
401	(c)(6)The department shall establish, by rule, guidelines
402	with respect to, and shall delegate to the employing agencies,
403	where appropriate, the authority to administer the following:
404	1.(a)Shift differentials.
405	2.(b)On-call fees.
406	3.(c)Hazardous-duty pay.
407	(d) Advanced appointment rates.
408	4.(e)Salary increase and decrease corrections.
409	5.(f)Lead-worker pay.
410	6.(g)Temporary special duties pay.
411	7.(h)Trainer-additive pay.
412	8.(i)Competitive area differentials.
413	(j) Coordinator pay.
414	9.(k)Critical market pay.
415
416	The employing agency must use such pay additives as are
417	appropriate within the guidelines established by the department
418	and shall advise the department in writing of the plan for
419	implementing such pay additives prior to the implementation
420	date. Any action by an employing agency to implement temporary
421	special duties pay, competitive area differentials, or critical
422	market pay may be implemented only after the department has
423	reviewed and recommended such action; however, an employing
424	agency may use temporary special duties pay for up to 3 months
425	without prior review by the department. The department shall
426	annually provide a summary report of the pay additives
427	implemented pursuant to this section.
428	Section 9. Paragraph (q) of subsection (2), and
429	subsections (4), (5), and (6) of section 110.205, Florida
430	Statutes, are amended to read:
431	110.205 Career service; exemptions.--
432	(2) EXEMPT POSITIONS.--The exempt positions that are not
433	covered by this part include the following:
434	(q) The staff directors, assistant staff directors,
435	district program managers, district program coordinators,
436	district subdistrict administrators, district administrative
437	services directors, district attorneys, and the Deputy Director
438	of Central Operations Services of the Department of Children and
439	Family Services. Unless otherwise fixed by law, the department
440	shall establish the pay bandsalary rangeand benefits for these
441	positions in accordance with the rules of the Selected Exempt
442	Service.
443	(4) DEFINITION OF DEPARTMENT.--When used in this section,
444	the term "department" shall mean all departments and commissions
445	of the executive branch, whether created by the State
446	Constitution or chapter 20; the office of the Governor; and the
447	Public Service Commission; however, the term "department" shall
448	mean the Department of Management Services when used in the
449	context of the authority to establish pay bandssalary ranges
450	and benefits.
451	(5) POSITIONS EXEMPTED BY OTHER STATUTES.--If any position
452	is exempted from the career service by any other statute and the
453	personnel system to which that position is assigned is not
454	specifically included in the statute, the position shall be
455	placed in the Selected Exempt Service, and the department shall
456	establish the pay bandsalary rangeand benefits for that
457	position in accordance with the rules of the Selected Exempt
458	Service.
459	(6) EXEMPTION OF CHIEF INSPECTOR OF BOILER SAFETY PROGRAM,
460	DEPARTMENT OF INSURANCE.--In addition to those positions
461	exempted from this part, there is hereby exempted from the
462	Career Service System the chief inspector of the boiler
463	inspection program of the Department of Insurance. The pay band
464	salary rangeof this position shall be established by the
465	Department of Management Services in accordance with the
466	classification and pay plan established for the Selected Exempt
467	Service.
468	Section 10. Section 110.213, Florida Statutes, is amended
469	to read:
470	110.213 Selection.--
471	(1) Selection for appointment from among the most
472	qualified candidates shall be the sole responsibility of the
473	employing agency. Effective July 1, 2001,All new employees must
474	successfully complete at least a 1-year probationary period
475	before attainment of permanent status.
476	(2) Selection shall reflect efficiency and simplicity in
477	hiring procedures. The agency head or his or her designee shall
478	be required to document the qualifications of the selected
479	candidate to ensure that the candidate meets the minimum
480	requirementsqualificationsas specified by the employing
481	agency, meets the licensure, certification, or registration
482	requirements, if any, as specified by statute,and possesses the
483	requisite knowledge, skills, and abilities for the position. No
484	other documentation or justification shall be required prior to
485	selecting a candidate for a position.
486	Section 11. Subsections (1), (2), (4), and (5) of section
487	110.227, Florida Statutes, are amended to read:
488	110.227 Suspensions, dismissals, reductions in pay,
489	demotions, layoffs, transfers, and grievances.--
490	(1) Any employee who has satisfactorily completed at least
491	a 1-year probationary period in his or her current position
492	permanent status in the career servicemay be suspended or
493	dismissed only for cause. Cause shall include, but is not
494	limited to, poor performance, negligence, inefficiency or
495	inability to perform assigned duties, insubordination, violation
496	of the provisions of law or agency rules, conduct unbecoming a
497	public employee, misconduct, habitual drug abuse, or conviction
498	of any crime. The agency head shall ensure that all employees of
499	the agency have reasonable access to the agency's personnel
500	manual.
501	(2) The department shall establish rules and procedures
502	for the suspension, reduction in pay, transfer, layoff,
503	demotion, and dismissal of employees in the career service.
504	Except with regard to law enforcement or correctional officers,
505	firefighters, or professional health care providers, rules
506	regarding layoff procedures shall not include any system whereby
507	a career service employee with greater seniority has the option
508	of selecting a different position not being eliminated, but
509	either vacant or already occupied by an employee of less
510	seniority, and taking that position, commonly referred to as
511	"bumping." For the implementation of layoffs as defined in s.
512	110.107110.203, the department shall develop rules requiring
513	that consideration be given to comparative merit, demonstrated
514	skills, and the employee's experience. Such rules shall be
515	approved by the Administration Commission prior to their
516	adoption by the department.
517	(4) A grievance process shall be available to permanent
518	career service employees who have satisfactorily completed at
519	least a 1-year probationary period in their current positions. A
520	grievance is defined as the dissatisfaction that occurs when an
521	employee believes that any condition affecting the employee is
522	unjust, inequitable, or a hindrance to effective operation.
523	Claims of discrimination and sexual harassment or claims related
524	to suspensions, reductions in pay, demotions, and dismissals are
525	not subject to the career service grievance process. The
526	following procedures shall apply to any grievance filed pursuant
527	to this subsection, except that all timeframes may be extended
528	in writing by mutual agreement:
529	(a) Step One.--The employee may submit a signed, written
530	grievance on a form provided by the agency to his or her
531	supervisor within 7 calendar days following the occurrence of
532	the event giving rise to the grievance. The supervisor must meet
533	with the employee to discuss the grievance within and provide a
534	written response to the employee5 business days following
535	receipt of the grievance.
536	(b) Step Two.--If the employee is dissatisfied with the
537	response of his or her supervisor, the employee may submit the
538	written grievance to the agency head or his or her designee
539	within 2 business days following receipt of the supervisor’s
540	written responsethe meeting with his or her supervisor. The
541	agency head or his or her designee must meet with the employee
542	to discuss the grievance within 5 business days following
543	receipt of the grievance. The agency head or his or her designee
544	must respond in writing to the employee within 5 business days
545	following the meeting. The written decision of the agency head
546	shall be the final authority for all grievances filed pursuant
547	to this subsection. Such grievances may not be appealed beyond
548	Step Two.
549	(5)(a) A permanent career service employee who has
550	satisfactorily completed at least a 1-year probationary period
551	in his or her current position andwho is subject to a
552	suspension, reduction in pay, demotion, or dismissal shall
553	receive written notice of such action at least 10 days prior to
554	the date such action is to be taken. Subsequent to such notice,
555	and prior to the date the action is to be taken, the affected
556	employee shall be given an opportunity to appear before the
557	agency or official taking the action to answer orally and in
558	writing the charges against him or her. The notice to the
559	employee required by this paragraph may be delivered to the
560	employee personally or may be sent by certified mail with return
561	receipt requested. Such actions shall be appealable to the
562	Public Employees Relations Commission as provided in subsection
563	(6). Written notice of any such appeal shall be filed by the
564	employee with the commission within 14 calendar days after the
565	date on which the notice of suspension, reduction in pay,
566	demotion, or dismissal is received by the employee.
567	(b) In extraordinary situations such as when the retention
568	of a permanent career service employee who has satisfactorily
569	completed at least a 1-year probationary period in his or her
570	current positionwould result in damage to state property, would
571	be detrimental to the best interest of the state, or would
572	result in injury to the employee, a fellow employee, or some
573	other person, such employee may be suspended or dismissed
574	without 10 days' prior notice, provided that written or oral
575	notice of such action, evidence of the reasons therefor, and an
576	opportunity to rebut the charges are furnished to the employee
577	prior to such dismissal or suspension. Such notice may be
578	delivered to the employee personally or may be sent by certified
579	mail with return receipt requested. Agency compliance with the
580	foregoing procedure requiring notice, evidence, and an
581	opportunity for rebuttal must be substantiated. Any employee who
582	is suspended or dismissed pursuant to the provisions of this
583	paragraph may appeal to the Public Employees Relations
584	Commission as provided in subsection (6). Written notice of any
585	such appeal shall be filed with the commission by the employee
586	within 14 days after the date on which the notice of suspension,
587	reduction in pay, demotion, or dismissal is received by the
588	employee.
589	Section 12. Paragraph (c) of subsection (2) of section
590	110.406, Florida Statutes, is amended to read:
591	110.406 Senior Management Service; data collection.--
592	(2) The data required by this section shall include:
593	(c) In addition, as needed, the data shall include:
594	1. A pricing analysis based on a market survey of
595	positions comparable to those included in the Senior Management
596	Service and recommendations with respect to whether, and to what
597	extent, revisions to the pay bandssalary rangesfor the Senior
598	Management Service classifications should be implemented.
599	2. An analysis of actual salary levels for each
600	classification within the Senior Management Service, indicating
601	the mean salary for each classification within the Senior
602	Management Service and the deviation from such mean with respect
603	to each agency's salary practice in each classification; a
604	review of the duties and responsibilities in relation to the
605	incumbents' salary levels, credentials, skills, knowledge, and
606	abilities; and an opinion as to whether the salary practices
607	reflected thereby indicate interagency salary inequities among
608	positions within the Senior Management Service.
609	Section 13. Subsection (1) of section 110.603, Florida
610	Statutes, is amended to read:
611	110.603 Pay and benefits.--The department shall adopt:
612	(1) A classification plan and a pay plan consisting of pay
613	bandssalary rangesappropriate to the positions included in the
614	Selected Exempt Service and which provides for salary increases
615	based on performance. Such pay bandssalary rangesshall be
616	designed to attract and retain qualified personnel for the
617	Selected Exempt Service.
618	Section 14. Paragraph (c) of subsection (2) of section
619	110.606, Florida Statutes, is amended to read:
620	110.606 Selected Exempt Service; data collection.--
621	(2) The data required by this section shall include:
622	(c) In addition, as needed:
623	1. A pricing analysis based on a market survey of
624	positions comparable to those included in the Selected Exempt
625	Service and recommendations with respect to whether, and to what
626	extent, revisions to the pay bandssalary rangesfor the
627	Selected Exempt Service classifications should be implemented.
628	2. An analysis of actual salary levels for each
629	classification within the Selected Exempt Service, indicating
630	the mean salary for each classification within the Selected
631	Exempt Service and the deviation from such means with respect to
632	each agency's salary practice in each classification; reviewing
633	the duties and responsibilities in relation to the incumbents'
634	salary levels, credentials, skills, knowledge, and abilities;
635	and discussing whether the salary practices reflected thereby
636	indicate interagency salary inequities among positions within
637	the Selected Exempt Service.
638	Section 15. Subsection (6) of section 215.92, Florida
639	Statutes, is amended to read:
640	215.92 Definitions relating to Florida Financial
641	Management Information System Act.--For the purposes of ss.
642	215.90-215.96:
643	(6) "Functional owner" means the agency, or thethatpart
644	of the judicial branch, thatwhichhas the legal responsibility
645	to ensure that a subsystem is designed, implemented, and
646	operated in accordance withdesign, implement, and operate an
647	information subsystem as provided byss. 215.90-215.96.
648	Section 16. Subsections (1) and (2) of section 215.93,
649	Florida Statutes, are amended to read:
650	215.93 Florida Financial Management Information System.--
651	(1) To provide the information necessary to carry out the
652	intent of the Legislature, there shall be a Florida Financial
653	Management Information System. The Florida Financial Management
654	Information System shall be fully implemented and shall be
655	upgraded as necessary to ensure the efficient operation of an
656	integrated financial management information system and to
657	provide necessary information for the effective operation of
658	state government. Upon the recommendation of the coordinating
659	council and approval of the board, the Florida Financial
660	Management Information System may require data from any state
661	agency information system or information subsystem or may
662	request data from any judicial branch information system or
663	information subsystem that the coordinating council and board
664	have determined to have statewide financial management
665	significance. Each functional owner information subsystem within
666	the Florida Financial Management Information System shall be
667	developed in such a fashion as to allow for timely, positive,
668	preplanned, and prescribed data transfers between the Florida
669	Financial Management Information System functional owner
670	information subsystems and from other information systems. The
671	principal unit of the system shall be the functional owner
672	information subsystem, and the system shall include, but shall
673	not be limited to, the following:
674	(a) Planning and Budgeting Subsystem.
675	(b) Florida Accounting Information Resource Subsystem.
676	(c) Cash Management Subsystem.
677	(d) Purchasing Subsystem.
678	(e) Personnel Information SystemCooperative Personnel
679	Employment Subsystem.
680	(2) Each information subsystem shall have a functional
681	owner, who may establish additional functions for the subsystem
682	unless specifically prohibited by ss. 215.90-215.96. However,
683	without the express approval of the board upon recommendation of
684	the coordinating council, no functional owner nor any other
685	agency shall have the authority to establish or maintain
686	additional subsystems which duplicate any of the information
687	subsystems of the Florida Financial Management Information
688	System. Each functional owner shall solicit input and responses
689	from agencies utilizing the information subsystem. Each
690	functional owner may contract with the other functional owners
691	or private sector entitiesfor assistancein the design,
692	development, and implementation of their information systems and
693	subsystems. Each functional owner shall include in its
694	information subsystem functional specifications the data
695	requirements and standards of the Florida Financial Management
696	Information System as approved by the board. Each functional
697	owner shall establish design teams that shall plan and
698	coordinate the design and implementation of its subsystem within
699	the framework established by the board. The design teams shall
700	assist the design and coordination staff in carrying out the
701	duties assigned by the board or the coordinating council. The
702	coordinating council shall review and approve the work plans for
703	these projects.
704	Section 17. Subsections (5) and (6) of section 215.94,
705	Florida Statutes, are amended to read:
706	215.94 Designation, duties, and responsibilities of
707	functional owners.--
708	(5) The Department of Management Services shall be the
709	functional owner of the Personnel Information SystemCooperative
710	Personnel Employment Subsystem. The department shall ensure that
711	the system is designed, implemented, and operateddesign,
712	implement, and operate the subsystemin accordance with the
713	provisions of ss. 110.116 and 215.90-215.96. The department may
714	contract with a vendor to provide the system and services
715	required of the Personnel Information System.The subsystem
716	shall include, but shall not be limited to, functions for:
717	(a) Maintenance of employee and position data, including
718	funding sources and percentages and salary lapse. The employee
719	data shall include, but not be limited to, information to meet
720	the payroll system requirements of the Department of Banking and
721	Finance and to meet the employee benefit system requirements of
722	the Department of Management Services.
723	(b) Recruitment and selectionexamination.
724	(c) Time and leavereporting.
725	(d) Collective bargaining.
726	(6)(a) The Auditor General shall be advised by the
727	functional owner of each information subsystem as to the date
728	that the development or significant modification of its
729	functional system specifications is to begin.
730	(b) Upon such notification, the Auditor General shall
731	participate with each functional owner to the extent necessary
732	to provide assurance that:
733	1. The accounting information produced by the information
734	subsystem adheres to generally accepted accounting principles.
735	2. The information subsystem contains the necessary
736	controls to maintain its integrity, within acceptable limits and
737	at an acceptable cost.
738	3. The information subsystem is auditable.
739	(c) The Auditor General shall specify those additional
740	features, characteristics, controls, and internal control
741	measures deemed necessary to carry out the provisions of this
742	subsection. Further, it shall be the responsibility of each
743	functional owner to ensure installation and incorporation of
744	install and incorporatesuch specified features,
745	characteristics, controls, and internal control measures within
746	each information subsystem.
747	Section 18. Subsection (2) of section 216.011, Florida
748	Statutes, is amended to read:
749	216.011 Definitions.--
750	(2) For purposes of this chapter, terms related to
751	personnel affairs of the state shall be defined as set forth in
752	s. 110.107110.203.
753	Section 19. Section 110.203, Florida Statutes, is
754	repealed.
755	Section 20. This act shall take effect July 1, 2003.