Senate Bill sb2720

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    Florida Senate - 2003                                  SB 2720

    By Senator Cowin





    20-1164A-03                                             See HB

  1                      A bill to be entitled

  2         An act relating to public employees; providing

  3         a popular name; renumbering parts I, II, and IV

  4         of ch. 110, F.S., as parts I, II, and III of

  5         ch. 109, F.S.; repealing s. 110.1082, F.S.,

  6         relating to use of telephone voice mail and

  7         menu options systems; amending and renumbering

  8         s. 110.1091, F.S.; requiring state agencies to

  9         provide a program to assist employees with

10         specified problems; amending and renumbering s.

11         110.1099, F.S.; specifying duties of agency

12         heads with respect to education and training

13         opportunities for state employees; including

14         courses at community colleges in such

15         opportunities; revising responsibilities of

16         employees granted educational leave; reenacting

17         and renumbering s. 110.112, F.S.; amending and

18         renumbering s. 110.113, F.S.; requiring all

19         state employees to participate in the direct

20         deposit program; revising conditions for

21         requesting an exemption; amending and

22         renumbering s. 110.123, F.S., relating to the

23         state group insurance program; removing a

24         prohibition against the contribution of state

25         funds toward supplemental benefit plan

26         premiums; directing the Department of

27         Management Services to establish criteria to

28         allow lower cost to employees if agencies

29         require physical/health standards; amending and

30         renumbering s. 110.12312, F.S.; providing for

31         inclusion of supplemental benefit insurance in

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1         options offered to retired state employees;

 2         amending and renumbering s. 110.124, F.S.;

 3         increasing the age limit for provisions that

 4         provide relief for employees terminated solely

 5         because of age; providing that an employee who

 6         is terminated solely because of attaining such

 7         age may apply to the circuit court for relief

 8         if binding arbitration is not conducted;

 9         amending and renumbering s. 110.1245, F.S.;

10         providing for a gain sharing program, with

11         awards set by the Legislative Budgeting

12         Commission; deleting certain limitations;

13         amending and renumbering s. 110.131, F.S.;

14         revising the time limitation on employment of

15         other-personal-services temporary employees;

16         requiring approval of the Governor's Office of

17         Policy and Budget for extension of such

18         limitation; revising exemptions from such

19         limitation; amending and renumbering s.

20         110.1522, F.S.; including leave for employees

21         with an elderly parent in family support

22         personnel policies; creating s. 109.202, F.S.;

23         deleting a requirement that a layoff be

24         conducted within an identified competitive

25         area; providing for appeals with respect to

26         reductions in pay, transfers, layoffs,

27         demotions, suspensions, or dismissals;

28         providing the agency's burden of proof;

29         providing requirements for the grievance

30         process; providing for rules; amending and

31         renumbering s. 110.233, F.S.; revising

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1         provisions relating to employees holding local

 2         public office; creating s. 109.240, F.S.;

 3         providing that any permanent career service

 4         employee may request binding arbitration

 5         administered by the Division of Human Resource

 6         Management upon notice of an adverse agency

 7         action; providing definitions; providing

 8         requirements for such requests; providing for

 9         notice to the agency; specifying the employer's

10         burden of proof; providing for arbitrators and

11         their qualifications and authority; providing

12         duties of the division; providing for records;

13         providing procedural requirements for

14         arbitration proceedings; providing for rules;

15         providing for application to the circuit court

16         for an order enforcing, vacating, or modifying

17         the arbitration decision; providing for

18         immunity; creating s. 109.241, F.S.; providing

19         for the appointment of peer review committees

20         to hear employee appeals of adverse personnel

21         actions; providing for selection of members;

22         providing procedures for such appeals;

23         providing a declaration of policy; amending and

24         renumbering s. 110.203, F.S.; conforming a

25         definition; revising the definitions of

26         promotion, demotion, dismissal, suspension;

27         creating s. 109.2035, F.S.; directing the

28         Department of Management Services, in

29         consultation with specified entities, to

30         develop a model civil service classification

31         and compensation program and providing

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1         requirements with respect thereto; repealing s.

 2         110.205(2)(n), F.S., which allows department

 3         heads to designate certain positions as

 4         Selected Exempt Service or Senior Management

 5         Service; correcting cross-references, to

 6         conform; amending and renumbering s. 110.211,

 7         F.S.; directing the department to develop

 8         uniform recruitment and selection rules to be

 9         used by employing agencies; revising

10         requirements relating to recruitment

11         literature; amending and renumbering s.

12         110.224, F.S.; revising requirements relating

13         to a review and performance planning system and

14         designating such system a review and

15         performance evaluation system; revising

16         requirements relating to certain information

17         furnished to employees and employee evaluation;

18         providing for biannual management performance

19         reports; amending and renumbering s. 110.227,

20         F.S.; providing that a career service employee

21         may be suspended or dismissed for reasonable

22         cause and specifying actions included

23         thereunder; providing that rules regarding

24         layoff shall include bumping; providing such

25         employee's rights; providing authority of such

26         committees; providing the department's burden

27         of proof; authorizing remedial action if the

28         action is not sustained; repealing ss. 110.401,

29         110.402, 110.403, 110.405, 110.406, 110.601,

30         110.602, 110.603, 110.604, 110.605, and

31         110.606, F.S., which create the Senior

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1         Management Service and Selected Exempt Service

 2         systems; amending and renumbering ss. 110.116,

 3         110.117, 110.1227, 110.1228, 110.1232,

 4         110.2037, 110.152, 110.15201, 110.1521,

 5         110.1523, 110.161, 110.171, 110.191, 110.2037,

 6         110.205, 110.219, and 110.502, F.S.; clarifying

 7         and conforming provisions and correcting

 8         cross-references; amending ss. 20.18, 20.21,

 9         20.23, 20.255, 20.315, 24.105, 24.122, 63.097,

10         68.087, 104.31, 106.082, 106.24, 112.044,

11         112.0805, 112.313, 112.3189, 112.363, 121.021,

12         121.0515, 121.055, 121.35, 215.94, 216.011,

13         216.181, 216.251, 260.0125, 287.175, 295.07,

14         296.04, 296.34, 311.07, 338.2216, 339.175,

15         343.74, 373.6065, 381.00315, 381.85, 393.0657,

16         400.19, 400.953, 402.3057, 402.55, 402.731,

17         409.1757, 409.9205, 440.102, 443.171, 447.207,

18         456.048, 471.038, 509.036, 570.073, 570.074,

19         624.307, 627.0623, 627.6488, 627.649, 627.6498,

20         627.6617, 655.019, 943.0585, 943.059, 943.22,

21         943.61, 944.35, 945.043, 946.525, 957.03,

22         985.05, 985.4045, 1001.28, 1001.74, 1002.36,

23         1012.62, and 1012.96, F.S.; conforming

24         provisions and correcting cross-references;

25         amending s. 20.22, F.S.; creating the Division

26         of Human Resource Management in the Department

27         of Management Services; providing powers and

28         duties of the Public Employees Relations

29         Commission; directing the Department of

30         Management Services to coordinate a transition

31         plan; providing an appropriation; providing for

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1         a budget amendment; authorizing the Department

 2         of Management Services to adopt rules;

 3         providing effective dates.

 4  

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

 6  

 7         Section 1.  This act shall be known by the popular name

 8  "The Vertical Incentive Plan."

 9         Section 2.  Sections 110.105 and 110.107, Florida

10  Statutes, are renumbered as sections 109.105 and 109.107,

11  Florida Statutes, respectively.

12         Section 3.  Section 110.1082, Florida Statutes, is

13  repealed.

14         Section 4.  Section 110.1091, Florida Statutes, is

15  renumbered as section 109.1091, Florida Statutes, and amended

16  to read:

17         109.1091 110.1091  Program for assisting state

18  employees; confidentiality.--An employing state agency will

19  may provide a program to assist any of its state employees who

20  have a behavioral or medical disorder, substance abuse

21  problem, or emotional difficulty that affects their job

22  performance, through referral for counseling, therapy, or

23  other professional treatment. Each employing state agency may

24  designate community diagnostic and referral resources as

25  necessary to implement the provisions of this section. Any

26  communication between a state employee and personnel or

27  service providers of a state employee assistance program

28  relative to the employee's participation in the program shall

29  be a confidential communication. Any routine monitoring of

30  telephone calls by the state agency does not violate this

31  provision. All records relative to that participation shall be

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1  confidential and exempt from the provisions of s. 119.07(1)

 2  and s. 24(a), Art. I of the State Constitution. This section

 3  is subject to the Open Government Sunset Review Act of 1995 in

 4  accordance with s. 119.15, and shall stand repealed on October

 5  2, 2003, unless reviewed and saved from repeal through

 6  reenactment by the Legislature.

 7         Section 5.  Section 110.1099, Florida Statutes, is

 8  renumbered as section 109.1099, Florida Statutes, and amended

 9  to read:

10         109.1099 110.1099  Education and training opportunities

11  for state employees.--

12         (1)(a)  Education and training are an integral

13  component in improving the delivery of services to the public.

14  Recognizing that the application of productivity-enhancing

15  technology and practice demands continuous educational and

16  training opportunities, a state employee may be authorized to

17  receive a voucher or grant, for matriculation fees, to attend

18  work-related courses at public community colleges, public

19  technical centers, or public universities. The department may

20  implement the provisions of this section from funds

21  appropriated to the department for this purpose. In the event

22  insufficient funds are appropriated to the department, each

23  state agency may supplement these funds to support the

24  training and education needs of its employees from funds

25  appropriated to the agency.

26         (b)  For the 2001-2002 fiscal year only and

27  notwithstanding the provisions of paragraph (a), state

28  employees may not be authorized to receive fundable tuition

29  waivers on a space-available basis. This paragraph expires

30  July 1, 2002.

31  

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




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

 2  shall request that public universities and community colleges

 3  provide evening and weekend programs for state employees. When

 4  evening and weekend training and educational programs are not

 5  available, an employee may be authorized to take paid time off

 6  during his or her regular working hours for training and

 7  career development, as provided in s. 109.105(1) 110.105(1),

 8  if such training benefits the employer as determined by that

 9  employee's agency head.

10         (3)  An employee who exhibits superior aptitude and

11  performance may be authorized by that employee's agency head

12  to take a paid educational leave of absence for up to 1

13  academic year at a time, for specific approved work-related

14  education and training. That employee must enter into a

15  contract to return to state employment for a period of time

16  equal to twice the length of the leave of absence or refund

17  salary and benefits paid during his or her educational leave

18  of absence.

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

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

21  an employee to enter into an agreement that requires the

22  employee to reimburse the agency or judicial branch for the

23  registration fee or similar expense for any training or

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

25  exceeds $1,000 if the employee voluntarily terminates

26  employment or is discharged for cause from the agency or

27  judicial branch within a specified period of time not to

28  exceed 4 years after the conclusion of the training. This

29  subsection does not apply to any training program that an

30  agency or the judicial branch requires an employee to attend.

31  An agency or the judicial branch may pay the outstanding

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1  balance then due and owing on behalf of a state employee under

 2  this subsection in connection with recruitment and hiring of

 3  such state employee.

 4         (5)  The Department of Management Services, in

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

 6  with Florida's public community colleges, public technical

 7  centers, and public universities, shall adopt rules to

 8  administer this section.

 9         Section 6.  Section 110.112, Florida Statutes, is

10  renumbered as section 109.112, Florida Statutes, to read:

11         109.112 110.112  Affirmative action; equal employment

12  opportunity.--

13         (1)  It shall be the policy of the state to assist in

14  providing the assurance of equal employment opportunity

15  through programs of affirmative and positive action that will

16  allow full utilization of women and minorities.

17         (2)(a)  The head of each executive agency shall develop

18  and implement an affirmative action plan in accordance with

19  rules adopted by the department and approved by a majority

20  vote of the Administration Commission before their adoption.

21         (b)  Each executive agency shall establish annual goals

22  for ensuring full utilization of groups underrepresented in

23  its workforce as compared to the relevant labor market, as

24  defined by the agency. Each executive agency shall design its

25  affirmative action plan to meet its established goals.

26         (c)  An affirmative action-equal employment opportunity

27  officer shall be appointed by the head of each executive

28  agency. The affirmative action-equal employment opportunity

29  officer's responsibilities must include determining annual

30  goals, monitoring agency compliance, and providing

31  

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1  consultation to managers regarding progress, deficiencies, and

 2  appropriate corrective action.

 3         (d)  The department shall report information in its

 4  annual workforce report relating to the implementation,

 5  continuance, updating, and results of each executive agency's

 6  affirmative action plan for the previous fiscal year.

 7         (e)  The department shall provide to all supervisory

 8  personnel of the executive agencies training in the principles

 9  of equal employment opportunity and affirmative action, the

10  development and implementation of affirmative action plans,

11  and the establishment of annual affirmative action goals. The

12  department may contract for training services, and each

13  participating agency shall reimburse the department for costs

14  incurred through such contract. After the department approves

15  the contents of the training program for the agencies, the

16  department may delegate this training to the executive

17  agencies.

18         (3)  Each state attorney and public defender shall:

19         (a)  Develop and implement an affirmative action plan.

20         (b)  Establish annual goals for ensuring full

21  utilization of groups underrepresented in its workforce as

22  compared to the relevant labor market in this state. The state

23  attorneys' and public defenders' affirmative action plans must

24  be designed to meet the established goals.

25         (c)  Appoint an affirmative action-equal employment

26  opportunity officer.

27         (d)  Report annually to the Justice Administrative

28  Commission on the implementation, continuance, updating, and

29  results of his or her affirmative action program for the

30  previous fiscal year.

31  

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1         (4)  The state, its agencies and officers shall ensure

 2  freedom from discrimination in employment as provided by the

 3  Florida Civil Rights Act of 1992, by s. 112.044, and by this

 4  chapter.

 5         (5)  Any individual claiming to be aggrieved by an

 6  unlawful employment practice may file a complaint with the

 7  Florida Commission on Human Relations as provided by s.

 8  760.11.

 9         (6)  The department shall review and monitor executive

10  agency actions in carrying out the rules adopted by the

11  department pursuant to this section.

12         Section 7.  Sections 110.1127 and 110.1128, Florida

13  Statutes, are renumbered as sections 109.1127 and 109.1128,

14  Florida Statutes, respectively.

15         Section 8.  Section 110.113, Florida Statutes, is

16  renumbered as section 109.113, Florida Statutes, and

17  subsection (2) of that section is amended to read:

18         109.113 110.113  Pay periods for state officers and

19  employees; salary payments by direct deposit.--

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

21  to a position in state government is required to participate

22  in the direct deposit program pursuant to s. 17.076. An

23  employee may request an exemption from the provisions of this

24  subsection when such employee can demonstrate a hardship or

25  when such employee is in an other-personal-services position.

26         Section 9.  Sections 110.114, 110.115, and 110.1155,

27  Florida Statutes, are renumbered as sections 109.114, 109.115,

28  and 109.1155, Florida Statutes, respectively.

29         Section 10.  Section 110.116, Florida Statutes, is

30  renumbered as section 109.116, Florida Statutes, and

31  subsection (2) of that section is amended to read:

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1         109.116 110.116  Personnel information system; payroll

 2  procedures.--

 3         (2)  For the 2002-2003 fiscal year only, and

 4  notwithstanding the requirements of s. 215.94(5) that the

 5  department design, implement, and operate the system and of s.

 6  109.201(1)(e) 110.201(1)(e) that the individual employing

 7  agencies maintain records and reports, the department is

 8  authorized to contract with a vendor to provide the personnel

 9  information system for state agencies. The vendor may assist

10  the department in compiling and reporting personnel data and

11  may assist the employing agencies in maintaining personnel

12  records. This subsection expires July 1, 2003.

13         Section 11.  Section 110.1165, Florida Statutes, is

14  renumbered as section 109.1165, Florida Statutes.

15         Section 12.  Section 110.117, Florida Statutes, is

16  renumbered as section 109.117, Florida Statutes, and

17  subsection (3) of that section is amended to read:

18         109.117 110.117  Paid holidays.--

19         (3)  Each full-time employee is entitled to one

20  personal holiday each year. Each part-time employee is

21  entitled to a personal holiday each year which shall be

22  calculated proportionately to the personal holiday allowed to

23  a full-time employee. Such personal holiday shall be credited

24  to eligible employees on July 1 of each year to be taken prior

25  to June 30 of the following year. Members of the teaching and

26  research faculty of the State University System and

27  administrative and professional positions exempted under s.

28  109.205(2)(d) 110.205(2)(d) are not eligible for this benefit.

29         Section 13.  Sections 110.118, 110.119, 110.120,

30  110.121, 110.122, 110.1221, and 110.1225, Florida Statutes,

31  are renumbered as sections 109.118, 109.119, 109.120, 109.121,

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1  109.122, 109.1221, and 109.1225, Florida Statutes,

 2  respectively.

 3         Section 14.  Section 110.1227, Florida Statutes, is

 4  renumbered as section 109.1227, Florida Statutes, and

 5  paragraph (c) of subsection (1) of that section is amended to

 6  read:

 7         109.1227 110.1227  Florida Employee Long-Term-Care Plan

 8  Act.--

 9         (1)  The Legislature finds that state expenditures for

10  long-term-care services continue to increase at a rapid rate

11  and that the state faces increasing pressure in its efforts to

12  meet the long-term-care needs of the public.

13         (c)  This act in no way affects the Department of

14  Management Services' authority pursuant to s. 109.123 110.123.

15         Section 15.  Section 110.1228, Florida Statutes, is

16  renumbered as section 109.1228, Florida Statutes, and

17  subsection (2) of that section is amended to read:

18         109.1228 110.1228  Participation by small counties,

19  small municipalities, and district school boards located in

20  small counties.--

21         (2)  The governing body of a small county or small

22  municipality or a district school board may apply for

23  participation in the state group health insurance program

24  authorized in s. 109.123 110.123 and the prescription drug

25  coverage program authorized by s. 109.12315 110.12315 by

26  submitting an application along with a $500 nonrefundable fee

27  to the department.

28         Section 16.  Section 110.123, Florida Statutes, is

29  renumbered as section 109.123, Florida Statutes, and paragraph

30  (h) of subsection (3) of that section is amended to read:

31         109.123 110.123  State group insurance program.--

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1         (3)  STATE GROUP INSURANCE PROGRAM.--

 2         (h)1.  A person eligible to participate in the state

 3  group insurance program may be authorized by rules adopted by

 4  the department, in lieu of participating in the state group

 5  health insurance plan, to exercise an option to elect

 6  membership in a health maintenance organization plan which is

 7  under contract with the state in accordance with criteria

 8  established by this section and by said rules. The offer of

 9  optional membership in a health maintenance organization plan

10  permitted by this paragraph may be limited or conditioned by

11  rule as may be necessary to meet the requirements of state and

12  federal laws.

13         2.  The department shall contract with health

14  maintenance organizations seeking to participate in the state

15  group insurance program through a request for proposal or

16  other procurement process, as developed by the Department of

17  Management Services and determined to be appropriate.

18         a.  The department shall establish a schedule of

19  minimum benefits for health maintenance organization coverage,

20  and that schedule shall include: physician services; inpatient

21  and outpatient hospital services; emergency medical services,

22  including out-of-area emergency coverage; diagnostic

23  laboratory and diagnostic and therapeutic radiologic services;

24  mental health, alcohol, and chemical dependency treatment

25  services meeting the minimum requirements of state and federal

26  law; skilled nursing facilities and services; prescription

27  drugs; and other benefits as may be required by the

28  department. Additional services may be provided subject to the

29  contract between the department and the HMO.

30  

31  

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1         b.  The department may establish uniform deductibles,

 2  copayments, or coinsurance schedules for all participating HMO

 3  plans.

 4         c.  The department may require detailed information

 5  from each health maintenance organization participating in the

 6  procurement process, including information pertaining to

 7  organizational status, experience in providing prepaid health

 8  benefits, accessibility of services, financial stability of

 9  the plan, quality of management services, accreditation

10  status, quality of medical services, network access and

11  adequacy, performance measurement, ability to meet the

12  department's reporting requirements, and the actuarial basis

13  of the proposed rates and other data determined by the

14  director to be necessary for the evaluation and selection of

15  health maintenance organization plans and negotiation of

16  appropriate rates for these plans. Upon receipt of proposals

17  by health maintenance organization plans and the evaluation of

18  those proposals, the department may enter into negotiations

19  with all of the plans or a subset of the plans, as the

20  department determines appropriate. Nothing shall preclude the

21  department from negotiating regional or statewide contracts

22  with health maintenance organization plans when this is

23  cost-effective and when the department determines that the

24  plan offers high value to enrollees.

25         d.  The department may limit the number of HMOs that it

26  contracts with in each service area based on the nature of the

27  bids the department receives, the number of state employees in

28  the service area, or any unique geographical characteristics

29  of the service area. The department shall establish by rule

30  service areas throughout the state.

31  

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1         e.  All persons participating in the state group

 2  insurance program who are required to contribute towards a

 3  total state group health premium shall be subject to the same

 4  dollar contribution regardless of whether the enrollee enrolls

 5  in the state group health insurance plan or in an HMO plan.

 6         3.  The department is authorized to negotiate and to

 7  contract with specialty psychiatric hospitals for mental

 8  health benefits, on a regional basis, for alcohol, drug abuse,

 9  and mental and nervous disorders. The department may

10  establish, subject to the approval of the Legislature pursuant

11  to subsection (5), any such regional plan upon completion of

12  an actuarial study to determine any impact on plan benefits

13  and premiums.

14         4.  In addition to contracting pursuant to subparagraph

15  2., the department shall enter into contract with any HMO to

16  participate in the state group insurance program which:

17         a.  Serves greater than 5,000 recipients on a prepaid

18  basis under the Medicaid program;

19         b.  Does not currently meet the 25-percent

20  non-Medicare/non-Medicaid enrollment composition requirement

21  established by the Department of Health excluding participants

22  enrolled in the state group insurance program;

23         c.  Meets the minimum benefit package and copayments

24  and deductibles contained in sub-subparagraphs 2.a. and b.;

25         d.  Is willing to participate in the state group

26  insurance program at a cost of premiums that is not greater

27  than 95 percent of the cost of HMO premiums accepted by the

28  department in each service area; and

29         e.  Meets the minimum surplus requirements of s.

30  641.225.

31  

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1  The department is authorized to contract with HMOs that meet

 2  the requirements of sub-subparagraphs a.-d. prior to the open

 3  enrollment period for state employees. The department is not

 4  required to renew the contract with the HMOs as set forth in

 5  this paragraph more than twice. Thereafter, the HMOs shall be

 6  eligible to participate in the state group insurance program

 7  only through the request for proposal process described in

 8  subparagraph 2.

 9         5.  All enrollees in the state group health insurance

10  plan or any health maintenance organization plan shall have

11  the option of changing to any other health plan which is

12  offered by the state within any open enrollment period

13  designated by the department. Open enrollment shall be held at

14  least once each calendar year.

15         6.  When a contract between a treating provider and the

16  state-contracted health maintenance organization is terminated

17  for any reason other than for cause, each party shall allow

18  any enrollee for whom treatment was active to continue

19  coverage and care when medically necessary, through completion

20  of treatment of a condition for which the enrollee was

21  receiving care at the time of the termination, until the

22  enrollee selects another treating provider, or until the next

23  open enrollment period offered, whichever is longer, but no

24  longer than 6 months after termination of the contract. Each

25  party to the terminated contract shall allow an enrollee who

26  has initiated a course of prenatal care, regardless of the

27  trimester in which care was initiated, to continue care and

28  coverage until completion of postpartum care. This does not

29  prevent a provider from refusing to continue to provide care

30  to an enrollee who is abusive, noncompliant, or in arrears in

31  payments for services provided. For care continued under this

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 1  subparagraph, the program and the provider shall continue to

 2  be bound by the terms of the terminated contract. Changes made

 3  within 30 days before termination of a contract are effective

 4  only if agreed to by both parties.

 5         7.  Any HMO participating in the state group insurance

 6  program shall submit health care utilization and cost data to

 7  the department, in such form and in such manner as the

 8  department shall require, as a condition of participating in

 9  the program. The department shall enter into negotiations with

10  its contracting HMOs to determine the nature and scope of the

11  data submission and the final requirements, format, penalties

12  associated with noncompliance, and timetables for submission.

13  These determinations shall be adopted by rule.

14         8.  The department may establish and direct, with

15  respect to collective bargaining issues, a comprehensive

16  package of insurance benefits that may include supplemental

17  health and life coverage, dental care, long-term care, vision

18  care, and other benefits it determines necessary to enable

19  state employees to select from among benefit options that best

20  suit their individual and family needs.

21         a.  Based upon a desired benefit package, the

22  department shall issue a request for proposal for health

23  insurance providers interested in participating in the state

24  group insurance program, and the department shall issue a

25  request for proposal for insurance providers interested in

26  participating in the non-health-related components of the

27  state group insurance program. Upon receipt of all proposals,

28  the department may enter into contract negotiations with

29  insurance providers submitting bids or negotiate a specially

30  designed benefit package. Insurance providers offering or

31  providing supplemental coverage as of May 30, 1991, which

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 1  qualify for pretax benefit treatment pursuant to s. 125 of the

 2  Internal Revenue Code of 1986, with 5,500 or more state

 3  employees currently enrolled may be included by the department

 4  in the supplemental insurance benefit plan established by the

 5  department without participating in a request for proposal,

 6  submitting bids, negotiating contracts, or negotiating a

 7  specially designed benefit package. These contracts shall

 8  provide state employees with the most cost-effective and

 9  comprehensive coverage available; however, no state or agency

10  funds shall be contributed toward the cost of any part of the

11  premium of such supplemental benefit plans. With respect to

12  dental coverage, the division shall include in any

13  solicitation or contract for any state group dental program

14  made after July 1, 2001, a comprehensive indemnity dental plan

15  option which offers enrollees a completely unrestricted choice

16  of dentists. If a dental plan is endorsed, or in some manner

17  recognized as the preferred product, such plan shall include a

18  comprehensive indemnity dental plan option which provides

19  enrollees with a completely unrestricted choice of dentists.

20         b.  Pursuant to the applicable provisions of s. 109.161

21  110.161, and s. 125 of the Internal Revenue Code of 1986, the

22  department shall enroll in the pretax benefit program those

23  state employees who voluntarily elect coverage in any of the

24  supplemental insurance benefit plans as provided by

25  sub-subparagraph a.

26         c.  Nothing herein contained shall be construed to

27  prohibit insurance providers from continuing to provide or

28  offer supplemental benefit coverage to state employees as

29  provided under existing agency plans.

30  

31  

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 1         d.  The Department of Management Services shall

 2  establish criteria to allow lower cost to employees if

 3  agencies require physical/health standards.

 4         Section 17.  Section 110.12312, Florida Statutes, is

 5  renumbered as section 109.12312, Florida Statutes, and is

 6  amended to read:

 7         109.12312 110.12312  Open enrollment period for

 8  retirees.--On or after July 1, 1997, the Department of

 9  Management Services shall provide for an open enrollment

10  period for retired state employees who want to obtain health

11  insurance coverage under ss. 109.123 110.123 and 109.12315

12  110.12315. The options offered during the open enrollment

13  period must provide the same health and supplemental benefit

14  insurance coverage as the coverage provided to active

15  employees under the same premium payment conditions in effect

16  for covered retirees, including eligibility for health

17  insurance subsidy payments under s. 112.363. A person who

18  separates from employment subsequent to May 1, 1988, but whose

19  date of retirement occurs on or after August 1, 1995, is

20  eligible as of the first open enrollment period occurring

21  after July 1, 1997, with an effective date of January 1, 1998,

22  as long as the retiree's enrollment remains in effect.

23         Section 18.  Section 110.12315, Florida Statutes, is

24  renumbered as section 109.12315, Florida Statutes.

25         Section 19.  Section 110.1232, Florida Statutes, is

26  renumbered as section 109.1232, Florida Statutes, and amended

27  to read:

28         109.1232 110.1232  Health insurance coverage for

29  persons retired under state-administered retirement systems

30  before January 1, 1976, and for spouses.--Notwithstanding any

31  provisions of law to the contrary, the Department of

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 1  Management Services shall provide health insurance coverage

 2  under the state group insurance program for persons who

 3  retired before January 1, 1976, under any of the

 4  state-administered retirement systems and who are not covered

 5  by social security and for the spouses and surviving spouses

 6  of such retirees who are also not covered by social security.

 7  Such health insurance coverage shall provide the same benefits

 8  as provided to other retirees who are entitled to participate

 9  under s. 109.123 110.123. The claims experience of this group

10  shall be commingled with the claims experience of other

11  members covered under s. 109.123 110.123.

12         Section 20.  Sections 110.1234, 110.1238, and 110.1239,

13  Florida Statutes, are renumbered as sections 109.1234,

14  109.1238, and 109.1239, Florida Statutes, respectively.

15         Section 21.  Section 110.1245, Florida Statutes, is

16  renumbered as section 109.1245, Florida Statutes, and amended

17  to read:

18         (Substantial rewording of section.  See

19         s. 110.1245, F.S., for present text.)

20         109.1245  Gain sharing program.--

21         (1)  The Department of Management Services shall set

22  policy, develop procedures, and promote a program of gain

23  sharing for employees who propose procedures or ideas which

24  are adopted and which will result in increasing productivity,

25  in eliminating or reducing state expenditures or improving

26  operations, or in generating additional revenues, provided

27  such proposals are placed in effect and can be implemented

28  under current statutory authority. Every state agency, unless

29  otherwise provided by law, shall participate in the program.

30  The Chief Justice shall have the authority to establish a gain

31  sharing program for employees of the judicial branch within

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 1  the parameters established in this section. The program shall

 2  apply to all employees within the Career Service System, the

 3  Selected Exempt Service System, and comparable employees

 4  within the judicial branch. The Legislative Budgeting

 5  Commission shall set awards for the gain sharing program. The

 6  judicial branch or a state agency may award certificates,

 7  pins, plaques, letters of commendation, and other tokens of

 8  recognition under the gain sharing program.

 9         (2)  The department and the judicial branch shall

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

11  of the House of Representatives information that outlines each

12  agency's level of participation in the program. The

13  information must include, but is not limited to:

14         (a)  The number of proposals made.

15         (b)  The number of awards made to employees for adopted

16  proposals.

17         (c)  The actual cost savings realized as a result of

18  implementing employee proposals.

19         (d)  Total expenditures incurred by the Legislative

20  Budgeting Commission for providing awards to employees for

21  adopted proposals.

22         (e)  The number of employees recognized for superior

23  accomplishments.

24         (f)  The number of employees recognized for

25  satisfactory service to the state.

26         (3)  Each department head is authorized to incur

27  expenditures to award suitable framed certificates, pins, and

28  other tokens of recognition to retiring state employees whose

29  service with the state has been satisfactory, in appreciation

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

31  excess of $100 each plus applicable taxes.

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 1         (4)  Each department head is authorized to incur

 2  expenditures to award suitable framed certificates, pins, or

 3  other tokens of recognition to state employees who have

 4  achieved increments of 5 years of satisfactory service in the

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

 6  such service. Such awards may not cost in excess of $50 each

 7  plus applicable taxes.

 8         (5)  Each department head is authorized to incur

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

10  suitable framed certificates, plaques, or other tokens of

11  recognition to any appointed member of a state board or

12  commission whose service to the state has been satisfactory,

13  in appreciation and recognition of such service upon the

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

15  such position.

16         Section 22.  Sections 110.125, 110.126, 110.127, and

17  110.129, Florida Statutes, are renumbered as sections 109.125,

18  109.126, 109.127, and 109.129, Florida Statutes, respectively.

19         Section 23.  Section 110.131, Florida Statutes, is

20  renumbered as section 109.131, Florida Statutes, and,

21  effective July 1, 2003, subsections (2) and (3) and paragraph

22  (c) of subsection (6) of that section are amended to read:

23         109.131 110.131  Other-personal-services temporary

24  employment.--

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

26  other-personal-services temporary employment for 100 hours in

27  any calendar month 1,040 hours within any 12-month period. An

28  extension beyond a total of 100 hours in any calendar month

29  period 1,040 hours within an agency for any individual

30  requires the a recommendation by the agency head and approval

31  of the Governor's Office of Policy and Budgeting for good

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 1  cause by the Executive Office of the Governor. Approval of

 2  extensions shall be made in accordance with criteria

 3  established by the department. Each agency shall maintain

 4  employee information as specified by the department regarding

 5  each extension of other-personal-services temporary

 6  employment. The time limitation established by this subsection

 7  does not apply to board members; consultants; seasonal

 8  employees; institutional clients employed as part of their

 9  rehabilitation; bona fide, degree-seeking students in

10  accredited secondary or postsecondary educational programs;

11  employees hired to deal with an emergency situation that

12  affects the public health, safety, or welfare; or employees

13  hired for a project that is identified by a specific

14  appropriation or time-limited grant.

15         (3)  The department shall adopt rules providing that

16  other-personal-services temporary employment in an

17  employer-employee relationship shall be used for short-term

18  tasks. Such rules shall specify the employment categories,

19  terms, conditions, rate of pay, and frequency of

20  other-personal-services temporary employment and the duration

21  for which such employment may last,; specify criteria for

22  approving extensions beyond the time limitation provided in

23  subsection (2); and prescribe recordkeeping and reporting

24  requirements for other-personal-services employment.

25         (6)

26         (c)  Notwithstanding the provisions of this section,

27  the agency head or his or her designee may extend the

28  other-personal-services employment of a health care

29  practitioner licensed pursuant to chapter 458, chapter 459,

30  chapter 460, chapter 461, chapter 463, part I of chapter 464,

31  chapter 466, chapter 468, chapter 483, chapter 486, or chapter

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 1  490 beyond 2,080 hours per year and may employ such

 2  practitioner on an hourly or other basis.

 3         Section 24.  Section 110.151, Florida Statutes, is

 4  renumbered as section 109.151, Florida Statutes.

 5         Section 25.  Section 110.152, Florida Statutes, is

 6  renumbered as section 109.152, Florida Statutes, and

 7  subsection (4) of that section is amended to read:

 8         109.152 110.152  Adoption benefits for state employees;

 9  parental leave.--

10         (4)  Any employee of the state who has a child placed

11  in the custody of the employee for adoption, and who continues

12  to reside in the same household as the child placed for

13  adoption, shall be granted parental leave for a period not to

14  exceed 6 months as provided in s. 109.221 110.221.

15         Section 26.  Section 110.15201, Florida Statutes, is

16  renumbered as section 109.15201, Florida Statutes, and amended

17  to read:

18         109.15201 110.15201  Adoption benefits for state

19  employees; rulemaking authority.--The Department of Management

20  Services may adopt rules to administer the provisions of this

21  act. Such rules may provide for an application process such

22  as, but not limited to, an open enrollment period during which

23  employees may apply for monetary benefits as provided in s.

24  109.152 110.152(1).

25         Section 27.  Section 110.1521, Florida Statutes, is

26  renumbered as section 109.1521, Florida Statutes, and amended

27  to read:

28         109.1521 110.1521  Short title.--Sections

29  109.1521-109.1523 110.1521-110.1523 may be cited as the

30  "Family Support Personnel Policies Act."

31  

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 1         Section 28.  Section 110.1522, Florida Statutes, is

 2  renumbered as section 109.1522, Florida Statutes, and amended

 3  to read:

 4         109.1522 110.1522  Model rule establishing family

 5  support personnel policies.--The Department of Management

 6  Services shall develop a model rule establishing family

 7  support personnel policies for all executive branch agencies,

 8  excluding the State University System. "Family support

 9  personnel policies," for purposes of ss. 109.1521-109.1523

10  110.1521-110.1523, means personnel policies affecting

11  employees' ability to both work and devote care and attention

12  to their families and includes policies on flexible hour work

13  schedules, compressed time, job sharing, part-time employment,

14  maternity or paternity leave for employees with a newborn or

15  newly adopted child, leave for employees with an elderly

16  parent, and paid and unpaid family or administrative leave for

17  family responsibilities.

18         Section 29.  Section 110.1523, Florida Statutes, is

19  renumbered as section 109.1523, Florida Statutes, and amended

20  to read:

21         109.1523 110.1523  Adoption of model rule.--The model

22  rule shall be effective 20 days after having been filed with

23  the Department of State and shall become part of the personnel

24  rules of all applicable state agencies 150 days after the

25  effective date of the rule to the extent that each agency does

26  not, subsequent to such effective date, adopt a rule that sets

27  forth the intent to specifically amend all or part of such

28  model rule. Any employee or organization representing

29  employees shall be considered a party for purposes of any rule

30  required by ss. 109.1521-109.1523 110.1521-110.1523,

31  notwithstanding any provision of chapter 120 to the contrary.

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 1         Section 30.  Section 110.124, Florida Statutes, is

 2  renumbered as section 109.124, Florida Statutes, and

 3  subsections (2) and (4) of that section are amended to read:

 4         109.124 110.124  Termination or transfer of employees

 5  age 67 aged 65 or older.--

 6         (2)  Whenever any employee who has attained age 67 65

 7  is terminated by an agency or department solely because the

 8  employee attains age 67 65, the employee may apply for relief

 9  from the action to the circuit court, unless binding

10  arbitration is conducted pursuant to s. 109.240 Public

11  Employees Relations Commission pursuant to s. 447.208. The

12  employee shall continue in employment pending the outcome of

13  the case application. If the employee continues in employment

14  following the decision of the court commission, no further

15  action shall be taken by the agency or department to terminate

16  the employee for a period of 1 year following the date of the

17  court's decision of the commission unless approved by the

18  court commission upon a showing by the agency or department

19  that the employee's capability has changed to a sufficient

20  extent that he or she is no longer able to perform any job

21  within such agency or department.

22         (4)  If mutually agreed to by the employee and the

23  agency or department, an employee who has attained age 67 65

24  may be reduced to a part-time position for the purpose of

25  phasing the employee out of employment into retirement. Such

26  an arrangement may also be required by the Public Employees

27  Relations Commission as part of its decision in any appeal

28  arising out of this section. A reduction to a part-time

29  position may be accompanied by an appropriate reduction in

30  pay.

31  

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 1         Section 31.  Section 110.171, Florida Statutes, is

 2  renumbered as section 109.171, Florida Statutes, and paragraph

 3  (c) of subsection (2) of that section is amended to read:

 4         109.171 110.171  State employee telecommuting

 5  program.--

 6         (2)  The department shall:

 7         (c)  Identify state employees who are participating in

 8  a telecommuting program and their job classifications through

 9  the state personnel payroll information subsystem created

10  under s. 109.116 110.116.

11         Section 32.  Section 110.181, Florida Statutes, is

12  renumbered as section 109.181, Florida Statutes.

13         Section 33.  Section 110.191, Florida Statutes, is

14  renumbered as section 109.191, Florida Statutes, and amended

15  to read:

16         109.191 110.191  State employee leasing.--

17         (1)  In situations where the Legislature has expressly

18  authorized the state, an agency, or the judicial branch as

19  defined in s. 109.203 110.203 to lease employees, the

20  Executive Office of the Governor for the executive branch or

21  the Chief Justice for the judicial branch may authorize any of

22  the following actions related to such state employee leasing

23  activities, provided that the direct cost of such actions is

24  to be paid or reimbursed within 30 days after payment by the

25  entity or person to whom the employees are leased:

26         (a)  Create a separate budget entity from which leased

27  employees shall be paid and transfer the positions authorized

28  to be leased to that budget entity.

29         (b)  Provide increases in the operating budget entity.

30         (c)  Authorized lump-sum salary bonuses to leased

31  employees; however, any lump-sum salary bonus above the

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 1  automatic salary increases which may be contained in the

 2  General Appropriations Act must be funded from private

 3  sources.

 4         (d)  Approve increases in salary rate for positions

 5  which are leased; however, any salary rate above the automatic

 6  salary increases which may be contained in the General

 7  Appropriations Act must be funded from private sources.

 8         (e)  Waive any requirement for automatic salary

 9  increases which may be contained in the General Appropriations

10  Act.

11         (2)  Positions which are in the Senior Management

12  Service System or the Selected Exempt Service System on the

13  day before the state employee lease agreement takes effect

14  shall remain in the respective system if the duties performed

15  by the position during the assignment of the state employee

16  lease agreement are comparable as determined by the

17  department. Those Senior Management Service System or Selected

18  Exempt Service System positions which are not determined

19  comparable by the department and positions which are in other

20  pay plans on the day before the lease agreement takes effect

21  shall have the same salaries and benefits provided to

22  employees of the Office of the Governor pursuant to s.

23  109.205(2)(l)2 110.205(2)(l)2.

24         Section 34.  Section 110.201, Florida Statutes, is

25  renumbered as section 109.201, Florida Statutes.

26         Section 35.  Section 109.202, Florida Statutes, is

27  created to read:

28         109.202  Career Service System; declaration of

29  policy.--It is the purpose of this part to create a Career

30  Service System that ensures the delivery of high-quality

31  performance in career service classifications by facilitating

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 1  the state's ability to attract, select, and retain qualified

 2  personnel in these positions based on initiative, while also

 3  providing sufficient agency flexibility to ensure that the

 4  workforce is responsive to public needs.

 5         Section 36.  Section 110.203, Florida Statutes, is

 6  renumbered as section 109.203, Florida Statutes, and

 7  subsections (18), (19), (22), and (23) of that section are

 8  amended to read:

 9         109.203 110.203  Definitions.--For the purpose of this

10  part and the personnel affairs of the state:

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

12  an employee to a class having a higher maximum salary or

13  benefits; or the changing of the classification of an employee

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

15  higher level of responsibility as determined by the Department

16  of Management Services.

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

18  an employee to a class having a lower maximum salary or

19  benefits; or the changing of the classification of an employee

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

21  lower level of responsibility as determined by the Department

22  of Management Services.

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

24  an agency pursuant to s. 109.227 110.227 against an employee

25  resulting in termination of his or her employment.

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

27  an agency pursuant to s. 109.227 110.227 against an employee

28  to temporarily relieve the employee of his or her duties and

29  place him or her on leave without pay.

30         Section 37.  Section 109.2035, Florida Statutes, is

31  created to read:

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 1         109.2035  Civil service classification and compensation

 2  program.--

 3         (1)  The Department of Management Services, in

 4  consultation with the Executive Office of the Governor, the

 5  Legislature, and the affected certified bargaining units,

 6  shall develop a model civil service classification and

 7  compensation program. This model program shall be developed

 8  for use by all state agencies and shall address all career

 9  service classes.

10         (2)(a)  The model program shall consist of a vertical

11  incentive plan (VIP) using four vertical occupational groups

12  consisting of the following categories:

13         1.  Executive appointments.

14         2.  Administration.

15         3.  Management.

16         4.  Professional.

17         (b)  Each vertical occupational group shall consist of

18  at least 6, but not more than 15, horizontal bands with

19  benchmarks at 2-year intervals as determined by the agency and

20  the Department of Management Services.

21         (c)  Employees employed as other personal services

22  temporary employment shall not be included in the vertical

23  incentive plan. However, following 2 years of service, an

24  other personal services employee can acquire VIP status if the

25  initial benchmark as set by the agency and the department is

26  met.

27         (d)  Other personal services employees shall serve at

28  the pleasure of the agency and such employees are exempt from

29  the provisions of chapter 120.

30  

31  

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 1         (e)  The vertical incentive plan shall establish

 2  equitable pay and benefits equitable to the position's

 3  horizontal bands.

 4         (3)  The following goals shall be considered in

 5  designing and implementing the model program:

 6         (a)  The VIP system must significantly reduce the need

 7  to reclassify positions due to work assignment and

 8  organizational changes by decreasing the number of

 9  classification changes required.

10         (b)  The VIP system and horizontal band plan must

11  emphasize self-incentive and job performance evaluation by

12  benchmarks rather than use of the classification system to

13  award salary increases.

14         (c)  The executive appointments VIP classification

15  shall be exempt positions as defined by s. 109.205.

16         (d)  The administration VIP classification shall not

17  exceed 7 percent of the total allocated employees to each

18  agency.

19         (e)  The management VIP classification shall not exceed

20  a ratio of 1 to 10 of the total allocated employees to each

21  agency.

22         (f)  Agencies may petition the Legislature for

23  additional management positions, not to exceed a 1-to-6 ratio,

24  for just cause.

25         (4)  The Department of Management Services shall submit

26  the proposed design of the model civil service classification

27  and compensation program to the Executive Office of the

28  Governor, the presiding officers of the Legislature, and the

29  appropriate legislative fiscal and substantive standing

30  committees on or before December 1, 2003.

31  

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 1         Section 38.  Section 110.2037, Florida Statutes, is

 2  renumbered as section 109.2037, Florida Statutes, and

 3  subsections (4) and (6) of that section are amended to read:

 4         109.2037 110.2037  Alternative benefits; tax-sheltered

 5  annual leave and sick leave payments and special compensation

 6  payments.--

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

 8  109.122 110.122, the department may contract for a

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

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

11  for employees participating in the Deferred Retirement Option

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

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

14  department or as provided in the General Appropriations Act.

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

16  the employees and maximize the savings to the state.

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

18  remove plan participants from the scope of s. 109.122(5)

19  110.122(5).

20         Section 39.  Section 110.205, Florida Statutes, is

21  renumbered as section 109.205, Florida Statutes, and

22  paragraphs (i) and (v) of subsection (2) and subsection (3) of

23  that section are amended to read:

24         109.205 110.205  Career service; exemptions.--

25         (2)  EXEMPT POSITIONS.--The exempt positions that are

26  not covered by this part include the following:

27         (i)  All positions that are established for a limited

28  period of time for the purpose of conducting a special study,

29  project, or investigation and any person paid from an

30  other-personal-services appropriation. Unless otherwise fixed

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

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1  set in accordance with rules established by the employing

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

 3  109.131 110.131.

 4         (v)  Positions that are leased pursuant to a state

 5  employee lease agreement expressly authorized by the

 6  Legislature pursuant to s. 109.191 110.191.

 7         (3)  PARTIAL EXEMPTION OF DEPARTMENT OF LAW

 8  ENFORCEMENT.--Employees of the Department of Law Enforcement

 9  shall be subject to the provisions of s. 109.227 110.227,

10  except in matters relating to transfer.

11         Section 40.  Section 110.161, Florida Statutes, is

12  renumbered as section 109.161, Florida Statutes, and paragraph

13  (a) of subsection (6) of that section is amended to read:

14         109.161 110.161  State employees; pretax benefits

15  program.--

16         (6)  The Department of Management Services is

17  authorized to administer the pretax benefits program

18  established for all employees so that employees may receive

19  benefits that are not includable in gross income under the

20  Internal Revenue Code of 1986. The pretax benefits program:

21         (a)  Shall allow employee contributions to premiums for

22  the state group insurance program administered under s.

23  109.123 110.123 to be paid on a pretax basis unless an

24  employee elects not to participate.

25         Section 41.  Sections 110.207, 110.209, and 110.21,

26  Florida Statutes, are renumbered as sections 109.207, 109.209,

27  and 109.21, Florida Statutes, respectively.

28         Section 42.  Section 110.211, Florida Statutes, is

29  renumbered as section 109.211, Florida Statutes, and amended

30  to read:

31         109.211 110.211  Recruitment.--

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    20-1164A-03                                             See HB




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

 2  manner that assures open competition based upon current and

 3  projected employing agency needs, taking into consideration

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

 5  market conditions, with special emphasis placed on recruiting

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

 7  underrepresented in the workforce of the employing agency.

 8         (2)  Recruiting efforts to fill current or projected

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

10  agency head.

11         (3)  Recruiting shall seek efficiency in advertising

12  and may be assisted by a contracted vendor responsible for

13  maintenance of the personnel data.

14         (4)  All recruitment literature involving state

15  position vacancies shall contain the phrase "An Equal

16  Opportunity Employer/Affirmative Action Employer."

17         Section 43.  Sections 110.2135, 110.215, and 110.217,

18  Florida Statutes, are renumbered as sections 109.2135,

19  109.215, and 109.217, Florida Statutes, respectively.

20         Section 44.  Section 110.219, Florida Statutes, is

21  renumbered as section 109.219, Florida Statutes, and paragraph

22  (c) of subsection (5) of that section is amended to read:

23         109.219 110.219  Attendance and leave; general

24  policies.--

25         (5)  Rules shall be adopted by the department in

26  cooperation and consultation with the agencies to implement

27  the provisions of this section; however, such rules must be

28  approved by the Administration Commission prior to their

29  adoption. Such rules must provide for, but need not be limited

30  to:

31         (c)  Holidays as provided in s. 109.117 110.117.

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 1         Section 45.  Section 110.221, Florida Statutes, is

 2  renumbered as section 109.221, Florida Statutes.

 3         Section 46.  Section 110.224, Florida Statutes, is

 4  renumbered as section 109.224, Florida Statutes, and amended

 5  to read:

 6         109.224 110.224  Review and Public employee performance

 7  evaluation system.--A review and public employee performance

 8  evaluation system shall be established as a basis to evaluate

 9  and improve for evaluating and improving the performance of

10  the state's workforce, to inform employees of strong and weak

11  points in the employee's performance, and to identify training

12  needs, and to award lump-sum bonuses in accordance with s.

13  110.1245(2).

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

15  reassignment, a job description of the position assigned must

16  be made available to the career service employee. The job

17  description may be made available in an electronic format.

18         (2)  Each employee must have a performance evaluation

19  performed by a manager who is directly responsible for said

20  employee at least annually, and the employee must receive a

21  copy an oral and written assessment of his or her performance

22  evaluation. The performance evaluation may include a plan of

23  action for improvement of the employee's performance based on

24  the work expectations or performance standards applicable to

25  the position as determined by the agency head.

26         (3)  Each manager must have a performance report

27  performed by immediate supervised employees at least

28  biannually and the manager must receive copies of his or her

29  performance report.  The performance report shall be used to

30  improve management performance to achieve work expectations or

31  

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 1  performance standards applicable to the position as determined

 2  by the agency head.

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

 4  the public employee performance evaluation system which

 5  establish procedures for performance evaluation, review

 6  periods, and forms.

 7         Section 47.  Section 110.227, Florida Statutes, is

 8  renumbered as section 109.227, Florida Statutes, and amended

 9  to read:

10         (Substantial rewording of section. See

11         s. 110.227, F.S., for present text.)

12         109.227  Suspensions, dismissals, reductions in pay,

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

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

15  career service may only be suspended or dismissed for

16  reasonable cause. Reasonable cause includes, but is not

17  limited to, negligence, inefficiency or inability to perform

18  assigned duties, insubordination, violation of the provisions

19  of law or agency rules, conduct unbecoming a public employee,

20  misconduct, habitual drug abuse, or conviction of any crime

21  involving moral turpitude. The agency head shall ensure that

22  all employees of the agency have access to the agency's

23  personnel manual.

24         (2)  The department shall establish rules and

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

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

27  service. Rules regarding layoff procedures shall include a

28  system whereby a career service employee with greater

29  seniority has the option of selecting a different position not

30  being eliminated within the horizontal band and within the

31  employee's vertical incentive plan, but already occupied by an

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 1  employee of less seniority, and taking that employee's

 2  position, commonly referred to as "bumping." Such rules shall

 3  be approved by the Administration Commission prior to their

 4  adoption by the department. Layoff procedures shall be

 5  developed to establish the relative merit and fitness of

 6  employees and shall include a formula for uniform application

 7  among potentially adversely affected employees taking into

 8  consideration the type of appointment, the length of service,

 9  and the evaluations of the employee's performance within the

10  last 5 years of employment within the horizontal band.

11         (3)  Any permanent career service employee who is

12  subject to suspension or dismissal shall receive written

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

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

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

16  shall be given an opportunity to appear before the agency head

17  or the agency head's designee to rebut the conclusion that

18  reasonable grounds exist for the suspension or dismissal. The

19  notice to the employee required by this subsection may be

20  delivered to the employee personally or may be sent by

21  certified mail with return receipt requested. An employee who

22  is suspended for 8 working days or more or dismissed shall be

23  entitled to a hearing before the department or an outside,

24  private arbitration mediation board or peer review committee

25  chosen by the employee. Reasonable costs of hearing shall be

26  paid by the losing party.

27         (4)  For any alleged adverse agency action against an

28  employee, the agency bears the burden of proof to establish a

29  preponderance of evidence that the employee should be

30  suspended, dismissed, receive reduction of pay, demoted, laid

31  off, or transferred.

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 1         (5)  A grievance process shall be available to career

 2  service employees. A grievance is defined as the

 3  dissatisfaction that occurs when an employee believes that any

 4  condition affecting the employee is unjust, inequitable, or a

 5  hindrance to effective operation, or creates a problem, except

 6  that an employee shall not have the right to file a grievance

 7  against performance evaluations unless the employee alleges

 8  that the evaluation is based on factors other than the

 9  employee's performance. Claims of discrimination and sexual

10  harassment, suspensions, reductions in pay, transfers,

11  layoffs, demotions, and dismissals are not subject to the

12  career service grievance process.

13         (6)  The department shall adopt rules for

14  administration of the grievance process for career service

15  employees. Such rules shall establish agency grievance

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

17  and evaluation governing the grievance process.

18         Section 48.  Effective July 1, 2004, section 109.227,

19  Florida Statutes, as renumbered and amended by this act, is

20  amended to read:

21         (Substantial rewording of section. See

22         s. 109.227, F.S., for present text.)

23         109.227  Suspensions, dismissals, reductions in pay,

24  demotion, layoffs, transfers, and grievances.--

25         (1)  Any permanent career service employee subject to

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

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

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

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

30  employee personally or may be sent by certified mail with

31  return receipt requested. As of July 1, 2004, such actions

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 1  shall be appealable as provided by this section, or the

 2  aggrieved employee and his or her employer may agree to submit

 3  to voluntary binding arbitration. Appeals based on the

 4  protections provided by the Whistle-blower's Act, ss.

 5  112.3187-112.31895, must be filed with the Commission on Human

 6  Relations as provided for in that act.

 7         (2)(a)  Any permanent career service employee who is

 8  subject to suspension or dismissal shall receive written

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

10  action shall be taken. The notice to the employee required by

11  this paragraph may be delivered to the employee personally or

12  may be sent by certified mail with return receipt requested.

13  As of July 1, 2004, an employee who is suspended or dismissed

14  shall be entitled to a hearing. Appeals based on the

15  protections provided by the Whistle-blower's Act, ss.

16  112.3187-112.31895, must be filed with the Commission on Human

17  Relations as provided for in that act.

18         (b)  In extraordinary situations such as when the

19  retention of a permanent career service employee would result

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

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

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

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

24  notice. Such notice may be delivered to the employee

25  personally or may be sent by certified mail with return

26  receipt requested. Agency compliance with the foregoing

27  procedure requiring notice must be substantiated. As of July

28  1, 2004, any employee who is suspended or dismissed pursuant

29  to the provisions of this paragraph shall be entitled to a

30  hearing as provided in this section. Appeals based on the

31  protections provided by the Whistle-blower's Act, ss.

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    Florida Senate - 2003                                  SB 2720
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 1  112.3187-112.31895, must be filed with the Commission on Human

 2  Relations as provided for in that act.

 3         (3)  A grievance process shall be available to career

 4  service employees only through the Department of Management

 5  Services or a peer review committee. A grievance is defined as

 6  the dissatisfaction that occurs when an employee believes that

 7  any condition affecting the employee is unjust, inequitable,

 8  or a hindrance to effective operation, or creates a problem,

 9  except that an employee shall not have the right to file a

10  grievance against a performance evaluation unless the employee

11  alleges that the evaluation is based on factors other than the

12  employee's performance or was performed by a person other than

13  the employee's immediate supervisor. Claims of discrimination

14  and sexual harassment, suspensions, reductions in pay,

15  transfers, layoffs, demotions, and dismissals are not subject

16  to the career service grievance process.

17         (4)  The department shall adopt rules for

18  administration of the grievance process for career service

19  employees. Such rules shall establish agency grievance

20  procedures; eligibility; filing deadlines, not to exceed 60

21  days; forms review; and evaluation governing the grievance

22  process.

23         Section 49.  Section 110.233, Florida Statutes, is

24  renumbered as section 109.233, Florida Statutes, and paragraph

25  (a) of subsection (4) of that section is amended to read:

26         109.233 110.233  Political activities and unlawful acts

27  prohibited.--

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

29  and obligations of citizenship provided in the Constitution

30  and laws of the state and the Constitution and laws of the

31  

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    Florida Senate - 2003                                  SB 2720
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 1  United States. However, no employee in the career service

 2  shall:

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

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

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

 6  during which the employee is expected to perform services for

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

 8  when allowed by the Commission on Ethics authorized by his or

 9  her agency head and approved by the department as involving no

10  interest which conflicts or activity which interferes with his

11  or her state employment, an employee in the career service may

12  be a candidate for or hold local public office. The ruling of

13  the Commission on Ethics is final and binding. The department

14  shall prepare and make available to all affected personnel who

15  make such request a definite set of rules and procedures

16  consistent with the provisions herein.

17         Section 50.  Effective January 1, 2004, paragraph (n)

18  of subsection (2) of section 109.205, Florida Statutes, as

19  renumbered and amended by this act, is repealed.

20         Section 51.  Effective January 1, 2004, section

21  109.241, Florida Statutes, is created to read:

22         109.241  Appeals of personnel actions; peer review

23  committees.--

24         (1)  Peer review committees shall be appointed as

25  provided by this section for the purpose of hearing appeals of

26  permanent employees arising from personnel actions which

27  result in dismissal, suspension, demotion, transfer, or

28  reduction in pay. Reprimands, oral or written, and suspensions

29  of 7 working days or less shall not be appealable to such a

30  committee. No more than one such action of suspension may

31  

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1  occur within 1 calendar year without the right to appeal,

 2  regardless of the length of the suspension.

 3         (2)(a)  Each peer review committee shall consist of

 4  five employees assigned within the vertical incentive plan of

 5  the employee's employment. Two members shall be selected by

 6  the department, two members shall be selected by the employee

 7  filing the appeal, and the fifth member, who shall serve as

 8  chair of the committee, shall be selected by those four

 9  members, with the concurrence of the department and the

10  employee requesting the hearing. Any person shall have the

11  right to decline to serve as a member of the committee.

12  Persons selected to serve on a committee shall serve without

13  additional compensation or overtime compensation with respect

14  to such service. Once selected to a committee, the members

15  shall serve until final action is taken by the committee with

16  respect to the purpose for which the committee was selected,

17  at which time the committee shall be dissolved.

18         (b)  If the fifth member cannot be agreed upon within

19  10 working days after the appeal is submitted, then the

20  parties shall jointly request the federal Mediation and

21  Conciliation Service to furnish a panel of names of seven

22  arbitrators from which each party shall have the option,

23  within 5 working days after receipt, of striking three names

24  in alternating fashion. The seventh or remaining name shall

25  serve as the fifth member. The parties shall jointly notify

26  the arbitrator of his or selection. Either party may object to

27  all names on the list, if the objection is made prior to the

28  commencement of the striking process. If this occurs, the

29  objecting party may request the federal Mediation and

30  Conciliation Service to furnish another list of arbitrators.

31  

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1  No more than two lists may be requested. The cost of the

 2  arbitrator shall be paid by the losing party.

 3         (3)(a)  An appeal of an action specified in subsection

 4  (1) shall be made to the Secretary of Management Services in

 5  writing, and must be received by the secretary no later than

 6  14 calendar days after the employee is notified of the action

 7  on which the appeal is based.

 8         (b)  A peer review committee shall be selected and must

 9  meet for purposes of hearing the appeal no later than 30

10  working days after the selection of the chair of the committee

11  unless the time limit is extended by the committee or with the

12  mutual agreement of the parties to the proceeding.

13         (c)  During any hearing, the employee filing the appeal

14  shall have the right to be heard publicly, to be represented

15  by a person of his or her choice, and to present any

16  evidential facts in his or her behalf. During such hearings,

17  the technical rules of evidence shall not apply. The committee

18  shall, in the conduct of such hearings, have the power to

19  administer oaths, issue subpoenas, compel the attendance of

20  witnesses, and require the production of books, records,

21  accounts, papers, documents, and testimony. In case of

22  disobedience of any person to comply with an order of the

23  committee or a subpoena issued by the committee or upon the

24  refusal of a witness to testify on any matter regarding which

25  he or she may be lawfully interrogated, a county judge of the

26  county in which the person resides, upon application of a

27  member of the committee, shall compel obedience by proceeding

28  as for contempt. Each witness who appears in obedience to a

29  subpoena before the committee shall receive compensation for

30  attendance, fees, and mileage as provided for witnesses in

31  civil cases in the courts of this state. Such payments shall

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 1  be made by the party calling the witness, except that with

 2  respect to any witnesses called by the committee payments

 3  shall be made by the department upon presentation of proper

 4  vouchers and approval by three members of the board.

 5         (d)  The department shall bear the burden of

 6  establishing that the adverse personnel action was for just

 7  cause by a preponderance of the evidence presented and the

 8  discipline imposed was appropriate under the circumstances.

 9         (e)  A committee shall by majority vote dispose of the

10  appeal for which it was appointed by making findings of fact

11  and issuing a written decision. Such decision shall either

12  sustain or not sustain the action being appealed. If the

13  action being appealed is not sustained by a committee, the

14  committee shall order such remedial action as is appropriate,

15  which may include reinstatement with back pay, and may modify

16  any personnel action which was the subject of the appeal. No

17  committee shall have the authority to impose on any employee

18  any penalty which is more harsh than that which formed the

19  basis of the appeal.

20         (f)  The decision of the committee shall be final and

21  binding on the employee and the department.

22         (g)  Any representative of a department, division, or

23  agency found to use other means to impose additional actions,

24  including, but not limited to, criminal or other civil action

25  as an attempt to undermine the findings of the committee or

26  arbitrator commits a felony of the third degree, punishable as

27  provided in s. 775.082, s. 775.083, or s. 775.084.

28         Section 52.  Sections 110.401, 110.402, 110.403,

29  110.405, 110.406, 110.601, 110.602, 110.603, 110.604, 110.605,

30  and 110.606, Florida Statutes, are repealed.

31  

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    20-1164A-03                                             See HB




 1         Section 53.  Section 110.501, Florida Statutes, is

 2  renumbered as section 109.501, Florida Statutes.

 3         Section 54.  Section 110.502, Florida Statutes, is

 4  renumbered as section 109.502, Florida Statutes, and

 5  subsections (2) and (3) of that section are amended to read:

 6         109.502 110.502  Scope of act; status of volunteers.--

 7         (2)  Volunteers recruited, trained, or accepted by any

 8  state department or agency shall not be subject to any

 9  provisions of law relating to state employment, to any

10  collective bargaining agreement between the state and any

11  employees' association or union, or to any laws relating to

12  hours of work, rates of compensation, leave time, and employee

13  benefits, except those consistent with s. 109.504 110.504.

14  However, all volunteers shall comply with applicable

15  department or agency rules.

16         (3)  Every department or agency utilizing the services

17  of volunteers is hereby authorized to provide such incidental

18  reimbursement or benefit consistent with the provisions of s.

19  109.504 110.504, including transportation costs, lodging, and

20  subsistence, recognition, and other accommodations as the

21  department or agency deems necessary to assist, recognize,

22  reward, or encourage volunteers in performing their functions.

23  No department or agency shall expend or authorize an

24  expenditure therefor in excess of the amount provided for to

25  the department or agency by appropriation in any fiscal year.

26         Section 55.  Sections 110.503 and 110.504, Florida

27  Statutes, are renumbered as sections 109.503 and 109.504,

28  Florida Statutes, respectively.

29         Section 56.  (1)  Sections 109.105 through 109.191,

30  Florida Statutes, are designated as part I of chapter 109,

31  

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 1  Florida Statutes, to be entitled "General State Employment

 2  Provisions."

 3         (2)  Sections 109.201 through 109.241, Florida

 4  Statutes, are designated as part II of chapter 109, Florida

 5  Statutes, to be entitled "Career Service System."

 6         (3)  Sections 109.501 through 109.504, Florida

 7  Statutes, are designated as part III of chapter 109, Florida

 8  Statutes, to be entitled "Volunteers."

 9         Section 57.  Subsection (3) of section 20.18, Florida

10  Statutes, is amended to read:

11         20.18  Department of Community Affairs.--There is

12  created a Department of Community Affairs.

13         (3)  Unless otherwise provided by law, the Secretary of

14  Community Affairs shall appoint the directors or executive

15  directors of any commission or council assigned to the

16  department, who shall serve at his or her pleasure as provided

17  for division directors in s. 109.205 110.205. The appointment

18  or termination by the secretary will be done with the advice

19  and consent of the commission or council; and the director or

20  executive director may employ, subject to departmental rules

21  and procedures, such personnel as may be authorized and

22  necessary.

23         Section 58.  Subsection (6) of section 20.21, Florida

24  Statutes, is amended to read:

25         20.21  Department of Revenue.--There is created a

26  Department of Revenue.

27         (6)  Notwithstanding the provisions of s. 109.123

28  110.123, relating to the state group insurance program, the

29  department may pay, or participate in the payment of, premiums

30  for health, accident, and life insurance for its full-time

31  out-of-state employees, pursuant to such rules as it may

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 1  adopt, and such payments shall be in addition to the regular

 2  salaries of such full-time out-of-state employees.

 3         Section 59.  Paragraph (d) of subsection (1), paragraph

 4  (h) of subsection (2), paragraphs (d), (f), and (i) of

 5  subsection (3), paragraphs (c) and (d) of subsection (4), and

 6  subsection (5) of section 20.23, Florida Statutes, are amended

 7  to read:

 8         20.23  Department of Transportation.--There is created

 9  a Department of Transportation which shall be a decentralized

10  agency.

11         (1)

12         (d)  Any secretary appointed after July 5, 1989, and

13  the assistant secretaries shall be exempt from the provisions

14  of part III of chapter 110 and shall receive compensation

15  commensurate with their qualifications and competitive with

16  compensation for comparable responsibility in the private

17  sector. When the salary of any assistant secretary exceeds the

18  limits established in part III of chapter 110, the Governor

19  shall approve said salary.

20         (2)

21         (h)  The commission shall appoint an executive director

22  and assistant executive director, who shall serve under the

23  direction, supervision, and control of the commission. The

24  executive director, with the consent of the commission, shall

25  employ such staff as are necessary to perform adequately the

26  functions of the commission, within budgetary limitations. All

27  employees of the commission are exempt from part II of chapter

28  109 110 and shall serve at the pleasure of the commission. The

29  salaries and benefits of all employees of the commission shall

30  be set in accordance with the Selected Exempt Service;

31  provided, however, that The commission shall have complete

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 1  authority for fixing the salary of the executive director and

 2  assistant executive director.

 3         (3)

 4         (d)1.  Policy, program, or operations offices shall be

 5  established within the central office for the purposes of:

 6         a.  Developing policy and procedures and monitoring

 7  performance to ensure compliance with these policies and

 8  procedures;

 9         b.  Performing statewide activities which it is more

10  cost-effective to perform in a central location;

11         c.  Assessing and ensuring the accuracy of information

12  within the department's financial management information

13  systems; and

14         d.  Performing other activities of a statewide nature.

15         2.  The following offices are established and shall be

16  headed by a manager, each of whom shall be appointed by and

17  serve at the pleasure of the secretary. The positions shall be

18  classified at a level equal to a division director:

19         a.  The Office of Administration;

20         b.  The Office of Policy Planning;

21         c.  The Office of Design;

22         d.  The Office of Highway Operations;

23         e.  The Office of Right-of-Way;

24         f.  The Office of Toll Operations;

25         g.  The Office of Information Systems; and

26         h.  The Office of Motor Carrier Compliance.

27         3.  Other offices may be established in accordance with

28  s. 20.04(7). The heads of such offices are exempt from part II

29  of chapter 109 110. No office or organization shall be created

30  at a level equal to or higher than a division without specific

31  legislative authority.

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1         4.  During the construction of a major transportation

 2  improvement project or as determined by the district

 3  secretary, the department may provide assistance to a business

 4  entity significantly impacted by the project if the entity is

 5  a for-profit entity that has been in business for 3 years

 6  prior to the beginning of construction and has direct or

 7  shared access to the transportation project being constructed.

 8  The assistance program shall be in the form of additional

 9  guarantees to assist the impacted business entity in receiving

10  loans pursuant to Title 13 C.F.R. part 120. However, in no

11  instance shall the combined guarantees be greater than 90

12  percent of the loan. The department shall adopt rules to

13  implement this subparagraph.

14         (f)1.  Within the central office there is created an

15  Office of Management and Budget. The head of the Office of

16  Management and Budget is responsible to the Assistant

17  Secretary for Finance and Administration and is exempt from

18  part II of chapter 109 110.

19         2.  The functions of the Office of Management and

20  Budget include, but are not limited to:

21         a.  Preparation of the work program;

22         b.  Preparation of the departmental budget; and

23         c.  Coordination of related policies and procedures.

24         3.  The Office of Management and Budget shall also be

25  responsible for developing uniform implementation and

26  monitoring procedures for all activities performed at the

27  district level involving the budget and the work program.

28         (i)1.  The secretary shall appoint a comptroller who is

29  responsible to the Assistant Secretary for Finance and

30  Administration. This position is exempt from part II of

31  chapter 109 110.

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1         2.  The comptroller is the chief financial officer of

 2  the department and must be a proven, effective administrator

 3  who by a combination of education and experience clearly

 4  possesses a broad knowledge of the administrative, financial,

 5  and technical aspects of a complex cost-accounting system. The

 6  comptroller must also have a working knowledge of generally

 7  accepted accounting principles. At a minimum, the comptroller

 8  must hold an active license to practice public accounting in

 9  Florida pursuant to chapter 473 or an active license to

10  practice public accounting in any other state. In addition to

11  the requirements of the Florida Fiscal Accounting Management

12  Information System Act, the comptroller is responsible for the

13  development, maintenance, and modification of an accounting

14  system that will in a timely manner accurately reflect the

15  revenues and expenditures of the department and that includes

16  a cost-accounting system to properly identify, segregate,

17  allocate, and report department costs. The comptroller shall

18  supervise and direct preparation of a detailed 36-month

19  forecast of cash and expenditures and is responsible for

20  managing cash and determining cash requirements. The

21  comptroller shall review all comparative cost studies that

22  examine the cost-effectiveness and feasibility of contracting

23  for services and operations performed by the department. The

24  review must state that the study was prepared in accordance

25  with generally accepted cost-accounting standards applied in a

26  consistent manner using valid and accurate cost data.

27         3.  The department shall by rule or internal management

28  memoranda as required by chapter 120 provide for the

29  maintenance by the comptroller of financial records and

30  accounts of the department as will afford a full and complete

31  check against the improper payment of bills and provide a

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1  system for the prompt payment of the just obligations of the

 2  department, which records must at all times disclose:

 3         a.  The several appropriations available for the use of

 4  the department;

 5         b.  The specific amounts of each such appropriation

 6  budgeted by the department for each improvement or purpose;

 7         c.  The apportionment or division of all such

 8  appropriations among the several counties and districts, when

 9  such apportionment or division is made;

10         d.  The amount or portion of each such apportionment

11  against general contractual and other liabilities then

12  created;

13         e.  The amount expended and still to be expended in

14  connection with each contractual and other obligation of the

15  department;

16         f.  The expense and operating costs of the various

17  activities of the department;

18         g.  The receipts accruing to the department and the

19  distribution thereof;

20         h.  The assets, investments, and liabilities of the

21  department; and

22         i.  The cash requirements of the department for a

23  36-month period.

24         4.  The comptroller shall maintain a separate account

25  for each fund administered by the department.

26         5.  The comptroller shall perform such other related

27  duties as designated by the department.

28         (4)

29         (c)  Each district secretary may appoint a district

30  director for planning and programming, a district director for

31  

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1  production, and a district director for operations. These

 2  positions are exempt from part II of chapter 109 110.

 3         (d)  Within each district, offices shall be established

 4  for managing major functional responsibilities of the

 5  department. The offices may include planning, design,

 6  construction, right-of-way, maintenance, and public

 7  transportation. The heads of these offices shall be exempt

 8  from part II of chapter 109 110.

 9         (5)  Notwithstanding the provisions of s. 110.205, the

10  Department of Management Services is authorized to exempt

11  positions within the Department of Transportation which are

12  comparable to positions within the Senior Management Service

13  pursuant to s. 110.205(2)(j) or positions which are comparable

14  to positions in the Selected Exempt Service under s.

15  110.205(2)(m).

16         Section 60.  Section 109.240, Florida Statutes, is

17  created to read:

18         109.240  Binding arbitration.--

19         (1)  Upon receipt of notice of an adverse agency

20  action, any permanent career service employee may request

21  binding arbitration as allowed by s. 109.227. As used in this

22  section, "adverse agency action" means the suspension,

23  dismissal, reduction in pay or withholding of bonuses,

24  demotion, layoff, or transfer of an employee. Any eligible

25  employee choosing to participate in binding arbitration must

26  file a written request for arbitration with the division no

27  later than 14 days after the receipt of notice of the adverse

28  agency action.

29         (2)  The arbitration request must be submitted on a

30  form prescribed by the division by rule. The form must be

31  signed by the employee and must include stipulations that:

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1         (a)  The employee is participating in binding

 2  arbitration pursuant to this section.

 3         (b)  The arbitration order is final and may not be set

 4  aside except for an error in law that is apparent on the

 5  record.

 6         (c)  The employee will faithfully abide by the

 7  arbitration order unless otherwise determined by a court of

 8  competent jurisdiction.

 9         (3)  Upon receipt of the arbitration request, the

10  division shall provide written notice to the agency against

11  which a request is made regarding the employee request for

12  binding arbitration.  Failure of the agency to meet

13  established deadlines as set forth by the Department of

14  Management Services rules shall bind that agency by the

15  stipulations contained in the arbitration request form.

16         (4)  The employer bears the burden of establishing by a

17  preponderance of the evidence that the agency action met

18  criteria established by the Department of Management Services.

19         (5)  Any party may be represented by counsel or another

20  appointed representative. The arbitrator must complete all

21  arbitration of the employee's claims raised in the request

22  within 60 days after receipt of the claim. The arbitrator may

23  extend the 60-day period upon request of the parties or at the

24  request of one party, after a hearing on that party's request

25  for extension.

26         (6)(a)  The arbitrator selected by the division shall

27  be provided by the private sector and rotated from a pool of

28  approved lists maintained by the Department of Management

29  Services. Each selected arbitrator must, at a minimum, meet

30  the following requirements:

31  

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1         1.  Completion of a Florida Supreme Court certified

 2  circuit or county arbitration program, or other arbitration

 3  program approved by the division, in addition to a minimum of

 4  1 day of training in the application of this chapter and

 5  chapter 447 and any rules adopted thereunder.

 6         2.  Compliance with the Code of Ethics for Arbitrators

 7  in Employment Disputes published by the American Arbitration

 8  Association and the American Bar Association in 1977, as

 9  amended.

10         (b)  The arbitrator shall have authority to commence

11  and adjourn the arbitration hearing.  The arbitrator shall not

12  have authority to hold any person in contempt or to in any way

13  impose sanctions against any person.

14         (c)  The arbitrator shall schedule all arbitration

15  proceedings, including the date, time, and location of such

16  proceedings and provide notice of the arbitration proceeding

17  to the parties at least 5 days in advance of the hearing date,

18  unless otherwise agreed to by the parties. The arbitrator has

19  the discretion to grant a continuance for reasonable cause.

20         (d)  The arbitrator may set a preliminary conference

21  and require all parties to file a statement of position prior

22  to the conference. The statement of position may include

23  stipulations of the parties to uncontested facts and

24  applicable law, citations to all governing statutory or

25  regulatory laws that control the controversy, a list of issues

26  of fact and law that are in dispute, any proposals designed to

27  expedite the arbitration process, a list of documents

28  exchanged by the parties and a schedule for the delivery of

29  any additional relevant documents, identification of witnesses

30  expected to be called during the arbitration proceeding

31  

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1  accompanied by a short summary of their expected testimony,

 2  and any other matters specified by the arbitrator.

 3         (7)  Unless otherwise provided in the decision, the

 4  decision shall become final 10 days after its execution.

 5         (8)  The duties of the division in administering

 6  binding arbitration pursuant to this section include, but are

 7  not limited to, the following:

 8         (a)  Supporting the arbitration process, including the

 9  filing and noticing of all arbitration requests, objections,

10  and other party communications, and the selection of the

11  arbitrator.

12         (b)  Providing for the selection of the arbitrator,

13  which includes:

14         1.  Providing selection notice to all parties, the

15  arbitrator, and participants.

16         2.  Securing a signed disclosure statement from each

17  appointed arbitrator describing any circumstances likely to

18  affect impartiality, including any bias or any financial or

19  personal interest with either party or any present or past

20  relationship with the employee seeking binding arbitration,

21  and making these disclosure statements available to the

22  parties. The duty to disclose shall be a continuing obligation

23  throughout the arbitration process.

24         3.  Filling vacancies.

25         4.  Compensating arbitrators, provided that an

26  arbitrator's fees and expenses shall be reasonable, for case

27  preparation, prehearing conferences, hearings, and preparation

28  of the arbitration order.

29         5.  Making an electronic recording of each arbitration

30  proceeding, including preconference hearings, even when a

31  

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1  party chooses to make a stenographic recording of the

 2  arbitration proceeding at that party's expense.

 3         (c)  Publishing the final arbitration order submitted

 4  to the division and both parties by the arbitrator.

 5         (9)  The division shall maintain records of each

 6  dispute submitted to binding arbitration, including the

 7  recordings of the arbitration hearings.  All records

 8  maintained by the division under this section shall be public

 9  records and shall be available for inspection upon reasonable

10  notice.

11         (10)  The arbitration proceedings shall be governed by

12  the following procedural requirements:

13         (a)  A party may object to the arbitrator based on the

14  arbitrator's past or present, direct or indirect, relationship

15  with either party or either party's attorney, whether that

16  relationship was or is financial, professional, or social. The

17  division shall consider any objection to the arbitrator,

18  determine its validity, and notify the parties of its

19  determination. If the objection is determined valid, the

20  division shall appoint another arbitrator.

21         (b)  The arbitrator has the power to issue subpoenas,

22  and to effect discovery on the written request of any party by

23  any means available to the courts and in the manner provided

24  in the Florida Rules of Civil Procedure, including the

25  imposition of sanctions, excluding contempt. Fees for

26  attendance of witnesses shall be the same as that provided in

27  civil actions in circuit courts of this state.

28         (c)  At all arbitration proceedings, the parties may

29  present oral and written testimony, present witnesses and

30  evidence relevant to the dispute, cross-examine witnesses, and

31  be represented by counsel. The arbitrator shall record the

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1  arbitration hearing and shall have the power to administer

 2  oaths.

 3         (d)  The arbitrator may continue a hearing on his or

 4  her own motion or upon the request of the party for good cause

 5  shown.  A request for continuance by the employee constitutes

 6  a waiver of the 60-day time period for completion of all

 7  arbitration proceedings authorized under this section.

 8         (e)  The decision shall be rendered within 10 days

 9  after the closing of the hearing. The decision shall be in

10  writing on a form prescribed or adopted by the division. The

11  arbitrator shall send a copy of the decision to the parties by

12  registered mail.

13         (f)  Unless otherwise provided, the arbitration

14  decision and any appeals thereof are exempt from the

15  provisions of chapter 120.

16         (11)(a)  The division shall establish rules of

17  procedure governing the arbitration process. Such rules shall

18  include, but are not limited to:

19         1.  The exchange and filing of information among the

20  parties.

21         2.  Discovery.

22         3.  Offering evidence.

23         4.  Calling and excluding witnesses.

24         5.  Submitting evidence by affidavit.

25         6.  Attendance of the parties and witnesses.

26         7.  The order of proceedings.

27         (b)  The division may adopt additional rules to

28  implement this section.

29         (12)  Either party may make application to the circuit

30  court for the county in which one of the parties resides or

31  has a place of business, or the county where the arbitration

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    20-1164A-03                                             See HB




 1  hearing was held, for an order enforcing, vacating, or

 2  modifying the arbitration decision. Such application must be

 3  filed within 30 days after the later of the moving party's

 4  receipt of the written decision or the date the decision

 5  becomes final. Upon entry of any judgment or decree, the

 6  moving party shall mail a copy of such judgment or decree to

 7  the division. A review of such application to circuit court

 8  shall be limited to review on the record and not de novo, of:

 9         (a)  Any alleged failure of the arbitrator to comply

10  with the applicable rules of procedure or evidence.

11         (b)  Any alleged partiality or misconduct by an

12  arbitrator prejudicing the rights of any party.

13         (c)  Whether the decision reaches a result contrary to

14  the United States Constitution or the Florida Constitution.

15  

16  If the arbitrator fails to state findings or reasons for the

17  stated decision, or the findings and reasons are inadequate,

18  the court shall search the record to determine whether a basis

19  exists to uphold the decision.

20         (13)  The division and the arbitrator shall have

21  absolute immunity from liability arising from the performance

22  of their duties while acting within the scope of their

23  appointed function in any arbitration conducted under this

24  section.

25         Section 61.  Paragraph (b) of subsection (3) and

26  paragraph (e) of subsection (6) of section 20.315, Florida

27  Statutes, are amended to read:

28         20.315  Department of Corrections.--There is created a

29  Department of Corrections.

30         (3)  SECRETARY OF CORRECTIONS.--The head of the

31  Department of Corrections is the Secretary of Corrections. The

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1  secretary is appointed by the Governor, subject to

 2  confirmation by the Senate, and shall serve at the pleasure of

 3  the Governor. The secretary is responsible for planning,

 4  coordinating, and managing the corrections system of the

 5  state. The secretary shall ensure that the programs and

 6  services of the department are administered in accordance with

 7  state and federal laws, rules, and regulations, with

 8  established program standards, and consistent with legislative

 9  intent. The secretary shall identify the need for and

10  recommend funding for the secure and efficient operation of

11  the state correctional system.

12         (b)  The secretary shall appoint a general counsel and

13  an inspector general, who are exempt from part II of chapter

14  109 110 and are included in the Senior Management Service.

15         (6)  FLORIDA CORRECTIONS COMMISSION.--

16         (e)  The commission shall appoint an executive director

17  and an assistant executive director, who shall serve under the

18  direction, supervision, and control of the commission. The

19  executive director, with the consent of the commission, shall

20  employ such staff as are necessary to perform adequately the

21  functions of the commission, within budgetary limitations. All

22  employees of the commission are exempt from part II of chapter

23  109 110 and serve at the pleasure of the commission. The

24  salaries and benefits of all employees of the commission shall

25  be set in accordance with the Selected Exempt Service rules;

26  however, The commission shall have complete authority for

27  fixing the salaries of the executive director and the

28  assistant executive director. The executive director and staff

29  of the Task Force for Review of the Criminal Justice and

30  Corrections System, created under chapter 93-404, Laws of

31  

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1  Florida, shall serve as the staff for the commission until the

 2  commission hires an executive director.

 3         Section 62.  Paragraph (d) of subsection (19) of

 4  section 24.105, Florida Statutes, is amended to read:

 5         24.105  Powers and duties of department.--The

 6  department shall:

 7         (19)  Employ division directors and other staff as may

 8  be necessary to carry out the provisions of this act; however:

 9         (d)  The department shall establish and maintain a

10  personnel program for its employees, including a personnel

11  classification and pay plan which may provide any or all of

12  the benefits provided in the Senior Management Service or

13  Selected Exempt Service. Each officer or employee of the

14  department shall be a member of the Florida Retirement System.

15  The retirement class of each officer or employee shall be the

16  same as other persons performing comparable functions for

17  other agencies. Employees of the department shall serve at the

18  pleasure of the secretary and shall be subject to suspension,

19  dismissal, reduction in pay, demotion, transfer, or other

20  personnel action at the discretion of the secretary. Such

21  personnel actions are exempt from the provisions of chapter

22  120. All employees of the department are exempt from the

23  Career Service System provided in chapter 109 110 and,

24  notwithstanding the provisions of s. 110.205(5), are not

25  included in either the Senior Management Service or the

26  Selected Exempt Service. However, all employees of the

27  department are subject to all standards of conduct adopted by

28  rule for career service and senior management employees

29  pursuant to chapter 109 110. In the event of a conflict

30  between standards of conduct applicable to employees of the

31  Department of the Lottery the more restrictive standard shall

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1  apply. Interpretations as to the more restrictive standard may

 2  be provided by the Commission on Ethics upon request of an

 3  advisory opinion pursuant to s. 112.322(3)(a), for purposes of

 4  this subsection the opinion shall be considered final action.

 5         Section 63.  Paragraph (d) of subsection (4) of section

 6  24.122, Florida Statutes, is amended to read:

 7         24.122  Exemption from taxation; state preemption;

 8  inapplicability of other laws.--

 9         (4)  Any state or local law providing any penalty,

10  disability, restriction, or prohibition for the possession,

11  manufacture, transportation, distribution, advertising, or

12  sale of any lottery ticket, including chapter 849, shall not

13  apply to the tickets of the state lottery operated pursuant to

14  this act; nor shall any such law apply to the possession of a

15  ticket issued by any other government-operated lottery. In

16  addition, activities of the department under this act are

17  exempt from the provisions of:

18         (d)  Section 109.131 110.131, relating to other

19  personal services.

20         Section 64.  Paragraph (a) of subsection (2) of section

21  63.097, Florida Statutes, is amended to read:

22         63.097  Fees.--

23         (2)  The following fees, costs, and expenses may be

24  assessed by the adoption entity or paid by the adoption entity

25  on behalf of the prospective adoptive parents:

26         (a)  Reasonable living expenses of the birth mother

27  which the birth mother is unable to pay due to unemployment,

28  underemployment, or disability due to the pregnancy which is

29  certified by a medical professional who has examined the birth

30  mother, or any other disability defined in s. 109.215 110.215.

31  Reasonable living expenses are rent, utilities, basic

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1  telephone service, food, necessary clothing, transportation,

 2  and expenses found by the court to be necessary for the health

 3  of the unborn child.

 4         Section 65.  Subsection (1) of section 68.087, Florida

 5  Statutes, is amended to read:

 6         68.087  Exemptions to civil actions.--

 7         (1)  No court shall have jurisdiction over an action

 8  brought under this act against a member of the Legislature, a

 9  member of the judiciary, or a senior executive branch official

10  if the action is based on evidence or information known to the

11  state government when the action was brought. For purposes of

12  this subsection, the term "senior executive branch official"

13  means any person employed in the executive branch of

14  government holding a position in the Senior Management Service

15  as defined in s. 110.402.

16         Section 66.  Subsection (3) of section 104.31, Florida

17  Statutes, is amended to read:

18         104.31  Political activities of state, county, and

19  municipal officers and employees.--

20         (3)  Nothing contained in this section or in any county

21  or municipal charter shall be deemed to prohibit any public

22  employee from expressing his or her opinions on any candidate

23  or issue or from participating in any political campaign

24  during the employee's off-duty hours, so long as such

25  activities are not in conflict with the provisions of

26  subsection (1) or s. 109.233 110.233.

27         Section 67.  Subsection (3) of section 106.082, Florida

28  Statutes, is amended to read:

29         106.082  Commissioner of Agriculture candidates;

30  campaign contribution limits.--

31  

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1         (3)  No employee of the Department of Agriculture may

 2  solicit a campaign contribution for any candidate for the

 3  office of Commissioner of Agriculture from any person or

 4  business who is licensed, inspected, or otherwise authorized

 5  to do business as a food outlet or convenience store pursuant

 6  to chapter 500; or any director, officer, lobbyist, or

 7  controlling interest of that person; or any political

 8  committee or committee of continuous existence that represents

 9  that person. For purposes of this section, "employee of the

10  department" means any person employed in the Department of

11  Agriculture holding a position in the Senior Management

12  Service as defined in s. 110.402; any person holding a

13  position in the Selected Exempt Service as defined in s.

14  110.602; any person having authority over food outlet or

15  convenience store regulation, or inspection supervision; or

16  any person, hired on a contractual basis, having the power

17  normally conferred upon such person, by whatever title.

18         Section 68.  Subsection (4) of section 106.24, Florida

19  Statutes, is amended to read:

20         106.24  Florida Elections Commission; membership;

21  powers; duties.--

22         (4)  The commission shall appoint an executive

23  director, who shall serve under the direction, supervision,

24  and control of the commission. The executive director, with

25  the consent of the commission, shall employ such staff as are

26  necessary to adequately perform the functions of the

27  commission, within budgetary limitations. All employees,

28  except the executive director and attorneys, are subject to

29  part II of chapter 109 110 . The executive director shall

30  serve at the pleasure of the commission and be subject to part

31  III of chapter 110, except that the commission shall have

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    20-1164A-03                                             See HB




 1  complete authority for setting the executive director's

 2  salary. Attorneys employed by the commission shall be subject

 3  to part V of chapter 110.

 4         Section 69.  Subsection (4) of section 112.044, Florida

 5  Statutes, is amended to read:

 6         112.044  Public employers, employment agencies, labor

 7  organizations; discrimination based on age prohibited;

 8  exceptions; remedy.--

 9         (4)  APPEAL; CIVIL SUIT AUTHORIZED.--Any employee of

10  the state who is within the Career Service System established

11  by chapter 109 110 and who is aggrieved by a violation of this

12  act may appeal to the Public Employees Relations Commission

13  under the conditions and following the procedures prescribed

14  in part II of chapter 447. Any person other than an employee

15  who is within the Career Service System established by chapter

16  109 110, or any person employed by the Public Employees

17  Relations Commission, who is aggrieved by a violation of this

18  act may bring a civil action in any court of competent

19  jurisdiction for such legal or equitable relief as will

20  effectuate the purposes of this act.

21         Section 70.  Subsection (2) of section 20.255, Florida

22  Statutes, is amended to read:

23         20.255  Department of Environmental Protection.--There

24  is created a Department of Environmental Protection.

25         (2)(a)  There shall be three deputy secretaries who are

26  to be appointed by and shall serve at the pleasure of the

27  secretary. The secretary may assign any deputy secretary the

28  responsibility to supervise, coordinate, and formulate policy

29  for any division, office, or district. The following special

30  offices are established and headed by managers, each of whom

31  

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    20-1164A-03                                             See HB




 1  is to be appointed by and serve at the pleasure of the

 2  secretary:

 3         1.  Office of Chief of Staff,

 4         2.  Office of General Counsel,

 5         3.  Office of Inspector General,

 6         4.  Office of External Affairs,

 7         5.  Office of Legislative and Government Affairs, and

 8         6.  Office of Greenways and Trails.

 9         (b)  There shall be six administrative districts

10  involved in regulatory matters of waste management, water

11  resource management, wetlands, and air resources, which shall

12  be headed by managers, each of whom is to be appointed by and

13  serve at the pleasure of the secretary. Divisions of the

14  department may have one assistant or two deputy division

15  directors, as required to facilitate effective operation.

16  

17  The managers of all divisions and offices specifically named

18  in this section and the directors of the six administrative

19  districts are exempt from part II of chapter 109 110 and are

20  included in the Senior Management Service in accordance with

21  s. 110.205(2)(j).

22         Section 71.  Paragraph (a) of subsection (9) of section

23  112.313, Florida Statutes, is amended to read:

24         112.313  Standards of conduct for public officers,

25  employees of agencies, and local government attorneys.--

26         (9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT

27  FOR LEGISLATORS AND LEGISLATIVE EMPLOYEES.--

28         (a)1.  It is the intent of the Legislature to implement

29  by statute the provisions of s. 8(e), Art. II of the State

30  Constitution relating to legislators, statewide elected

31  

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 1  officers, appointed state officers, and designated public

 2  employees.

 3         2.  As used in this paragraph:

 4         a.  "Employee" means:

 5         (I)  Any person employed in the executive or

 6  legislative branch of government holding a position in the

 7  Senior Management Service as defined in s. 110.402 or Any

 8  person holding a position in the Selected Exempt Service as

 9  defined in s. 109.602 110.602 or any person having authority

10  over policy or procurement employed by the Department of the

11  Lottery.

12         (II)  The Auditor General, the director of the Office

13  of Program Policy Analysis and Government Accountability, the

14  Sergeant at Arms and Secretary of the Senate, and the Sergeant

15  at Arms and Clerk of the House of Representatives.

16         (III)  The executive director of the Legislative

17  Committee on Intergovernmental Relations and the executive

18  director and deputy executive director of the Commission on

19  Ethics.

20         (IV)  An executive director, staff director, or deputy

21  staff director of each joint committee, standing committee, or

22  select committee of the Legislature; an executive director,

23  staff director, executive assistant, analyst, or attorney of

24  the Office of the President of the Senate, the Office of the

25  Speaker of the House of Representatives, the Senate Majority

26  Party Office, Senate Minority Party Office, House Majority

27  Party Office, or House Minority Party Office; or any person,

28  hired on a contractual basis, having the power normally

29  conferred upon such persons, by whatever title.

30         (V)  The Chancellor and Vice Chancellors of the State

31  University System; the general counsel to the Board of

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 1  Regents; and the president, vice presidents, and deans of each

 2  state university.

 3         (VI)  Any person having the power normally conferred

 4  upon the positions referenced in this sub-subparagraph.

 5         b.  "Appointed state officer" means any member of an

 6  appointive board, commission, committee, council, or authority

 7  of the executive or legislative branch of state government

 8  whose powers, jurisdiction, and authority are not solely

 9  advisory and include the final determination or adjudication

10  of any personal or property rights, duties, or obligations,

11  other than those relative to its internal operations.

12         c.  "State agency" means an entity of the legislative,

13  executive, or judicial branch of state government over which

14  the Legislature exercises plenary budgetary and statutory

15  control.

16         3.  No member of the Legislature, appointed state

17  officer, or statewide elected officer shall personally

18  represent another person or entity for compensation before the

19  government body or agency of which the individual was an

20  officer or member for a period of 2 years following vacation

21  of office. No member of the Legislature shall personally

22  represent another person or entity for compensation during his

23  or her term of office before any state agency other than

24  judicial tribunals or in settlement negotiations after the

25  filing of a lawsuit.

26         4.  No agency employee shall personally represent

27  another person or entity for compensation before the agency

28  with which he or she was employed for a period of 2 years

29  following vacation of position, unless employed by another

30  agency of state government.

31  

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 1         5.  Any person violating this paragraph shall be

 2  subject to the penalties provided in s. 112.317 and a civil

 3  penalty of an amount equal to the compensation which the

 4  person receives for the prohibited conduct.

 5         6.  This paragraph is not applicable to:

 6         a.  A person employed by the Legislature or other

 7  agency prior to July 1, 1989;

 8         b.  A person who was employed by the Legislature or

 9  other agency on July 1, 1989, whether or not the person was a

10  defined employee on July 1, 1989;

11         c.  A person who was a defined employee of the State

12  University System or the Public Service Commission who held

13  such employment on December 31, 1994;

14         d.  A person who has reached normal retirement age as

15  defined in s. 121.021(29), and who has retired under the

16  provisions of chapter 121 by July 1, 1991; or

17         e.  Any appointed state officer whose term of office

18  began before January 1, 1995, unless reappointed to that

19  office on or after January 1, 1995.

20         Section 72.  Paragraph (a) of subsection (5) of section

21  112.3189, Florida Statutes, is amended to read:

22         112.3189  Investigative procedures upon receipt of

23  whistle-blower information from certain state employees.--

24         (5)(a)  If the Chief Inspector General or agency

25  inspector general under subsection (3) determines that the

26  information disclosed is the type of information described in

27  s. 112.3187(5), that the source of the information is from a

28  person who is an employee or former employee of, or an

29  applicant for employment with, a state agency, as defined in

30  s. 216.011, and that the information disclosed demonstrates

31  reasonable cause to suspect that an employee or agent of an

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 1  agency or independent contractor has violated any federal,

 2  state, or local law, rule, or regulation, thereby creating a

 3  substantial and specific danger to the public's health,

 4  safety, or welfare, or has committed an act of gross

 5  mismanagement, malfeasance, misfeasance, gross waste of public

 6  funds, or gross neglect of duty, the Chief Inspector General

 7  or agency inspector general making such determination shall

 8  then conduct an investigation, unless the Chief Inspector

 9  General or the agency inspector general determines, within 30

10  days after receiving the allegations from the complainant,

11  that such investigation is unnecessary. For purposes of this

12  subsection, the Chief Inspector General or the agency

13  inspector general shall consider the following factors, but is

14  not limited to only the following factors, when deciding

15  whether the investigation is not necessary:

16         1.  The gravity of the disclosed information compared

17  to the time and expense of an investigation.

18         2.  The potential for an investigation to yield

19  recommendations that will make state government more efficient

20  and effective.

21         3.  The benefit to state government to have a final

22  report on the disclosed information.

23         4.  Whether the alleged whistle-blower information

24  primarily concerns personnel practices that may be

25  investigated under chapter 109 110.

26         5.  Whether another agency may be conducting an

27  investigation and whether any investigation under this section

28  could be duplicative.

29         6.  The time that has elapsed between the alleged event

30  and the disclosure of the information.

31  

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 1         Section 73.  Paragraph (a) of subsection (2) of section

 2  112.363, Florida Statutes, is amended to read:

 3         112.363  Retiree health insurance subsidy.--

 4         (2)  ELIGIBILITY FOR RETIREE HEALTH INSURANCE

 5  SUBSIDY.--

 6         (a)  A person who is retired under a state-administered

 7  retirement system, or a beneficiary who is a spouse or

 8  financial dependent entitled to receive benefits under a

 9  state-administered retirement system, is eligible for health

10  insurance subsidy payments provided under this section; except

11  that pension recipients under ss. 121.40, 238.07(16)(a), and

12  250.22, recipients of health insurance coverage under s.

13  109.1232 110.1232, or any other special pension or relief act

14  shall not be eligible for such payments.

15         Section 74.  Subsection (38) of section 121.021,

16  Florida Statutes, is amended to read:

17         121.021  Definitions.--The following words and phrases

18  as used in this chapter have the respective meanings set forth

19  unless a different meaning is plainly required by the context:

20         (38)  "Continuous service" means creditable service as

21  a member, beginning with the first day of employment with an

22  employer covered under a state-administered retirement system

23  consolidated herein and continuing for as long as the member

24  remains in an employer-employee relationship with an employer

25  covered under this chapter. An absence of 1 calendar month or

26  more from an employer's payroll shall be considered a break in

27  continuous service, except for periods of absence during which

28  an employer-employee relationship continues to exist and such

29  period of absence is creditable under this chapter or under

30  one of the existing systems consolidated herein. However, a

31  law enforcement officer as defined in s. 121.0515(2)(a) who

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 1  was a member of a state-administered retirement system under

 2  chapter 122 or chapter 321 and who resigned and was

 3  subsequently reemployed in a law enforcement position within

 4  12 calendar months of such resignation by an employer under

 5  such state-administered retirement system shall be deemed to

 6  have not experienced a break in service. Further, with respect

 7  to a state-employed law enforcement officer who meets the

 8  criteria specified in s. 121.0515(2)(a), if the absence from

 9  the employer's payroll is the result of a "layoff" as defined

10  in s. 109.203(24) 110.203(24) or a resignation to run for an

11  elected office that meets the criteria specified in s.

12  121.0515(2)(a), no break in continuous service shall be deemed

13  to have occurred if the member is reemployed as a state law

14  enforcement officer or is elected to an office which meets the

15  criteria specified in s. 121.0515(2)(a) within 12 calendar

16  months after the date of the layoff or resignation,

17  notwithstanding the fact that such period of layoff or

18  resignation is not creditable service under this chapter. A

19  withdrawal of contributions will constitute a break in

20  service. Continuous service also includes past service

21  purchased under this chapter, provided such service is

22  continuous within this definition and the rules established by

23  the administrator. The administrator may establish

24  administrative rules and procedures for applying this

25  definition to creditable service authorized under this

26  chapter. Any correctional officer, as defined in s. 943.10,

27  whose participation in the state-administered retirement

28  system is terminated due to the transfer of a county detention

29  facility through a contractual agreement with a private entity

30  pursuant to s. 951.062, shall be deemed an employee with

31  continuous service in the Special Risk Class, provided return

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 1  to employment with the former employer takes place within 3

 2  years due to contract termination or the officer is employed

 3  by a covered employer in a special risk position within 1 year

 4  after his or her initial termination of employment by such

 5  transfer of its detention facilities to the private entity.

 6         Section 75.  Paragraph (b) of subsection (3) of section

 7  121.0515, Florida Statutes, is amended to read:

 8         121.0515  Special risk membership.--

 9         (3)  PROCEDURE FOR DESIGNATING.--

10         (b)1.  Applying the criteria set forth in this section,

11  the Department of Management Services shall specify which

12  current and newly created classes of positions under the

13  uniform classification plan established pursuant to chapter

14  109 110 entitle the incumbents of positions in those classes

15  to membership in the Special Risk Class. Only employees

16  employed in the classes so specified shall be special risk

17  members.

18         2.  When a class is not specified by the department as

19  provided in subparagraph 1., the employing agency may petition

20  the State Retirement Commission for approval in accordance

21  with s. 121.23.

22         Section 76.  Paragraph (a) of subsection (1) of section

23  121.055, Florida Statutes, is amended to read:

24         121.055  Senior Management Service Class.--There is

25  hereby established a separate class of membership within the

26  Florida Retirement System to be known as the "Senior

27  Management Service Class," which shall become effective

28  February 1, 1987.

29         (1)(a)  Participation in the Senior Management Service

30  Class shall be limited to and compulsory for any member of the

31  Florida Retirement System who holds a position in the Senior

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 1  Management Service of the State of Florida, established by

 2  part III of chapter 109 110, unless such member elects, within

 3  the time specified herein, to participate in the Senior

 4  Management Service Optional Annuity Program as established in

 5  subsection (6).

 6         Section 77.  Paragraph (a) of subsection (2) of section

 7  121.35, Florida Statutes, is amended to read:

 8         121.35  Optional retirement program for the State

 9  University System.--

10         (2)  ELIGIBILITY FOR PARTICIPATION IN OPTIONAL

11  PROGRAM.--

12         (a)  Participation in the optional retirement program

13  provided by this section shall be limited to persons who are

14  otherwise eligible for membership in the Florida Retirement

15  System; who are employed or appointed for no less than one

16  academic year; and who are employed in one of the following

17  State University System positions:

18         1.  Positions classified as instructional and research

19  faculty which are exempt from the career service under the

20  provisions of s. 109.205(2)(d) 110.205(2)(d).

21         2.  Positions classified as administrative and

22  professional which are exempt from the career service under

23  the provisions of s. 109.205(2)(d) 110.205(2)(d).

24         3.  The Chancellor and the university presidents.

25         Section 78.  Subsection (5) of section 215.94, Florida

26  Statutes, is amended to read:

27         215.94  Designation, duties, and responsibilities of

28  functional owners.--

29         (5)  The Department of Management Services shall be the

30  functional owner of the Cooperative Personnel Employment

31  Subsystem. The department shall design, implement, and operate

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 1  the subsystem in accordance with the provisions of ss. 109.116

 2  110.116 and 215.90-215.96. The subsystem shall include, but

 3  shall not be limited to, functions for:

 4         (a)  Maintenance of employee and position data,

 5  including funding sources and percentages and salary lapse.

 6  The employee data shall include, but not be limited to,

 7  information to meet the payroll system requirements of the

 8  Department of Banking and Finance and to meet the employee

 9  benefit system requirements of the Department of Management

10  Services.

11         (b)  Recruitment and examination.

12         (c)  Time reporting.

13         (d)  Collective bargaining.

14         Section 79.  Subsection (2) of section 216.011, Florida

15  Statutes, is amended to read:

16         216.011  Definitions.--

17         (2)  For purposes of this chapter, terms related to

18  personnel affairs of the state shall be defined as set forth

19  in s. 109.203 110.203.

20         Section 80.  Section 112.0805, Florida Statutes, is

21  amended to read:

22         112.0805  Employer notice of insurance eligibility to

23  employees who retire.--Any employer who provides insurance

24  coverage under s. 109.123 110.123 or s. 112.0801 shall notify

25  those employees who retire of their eligibility to participate

26  in either the same group insurance plan or self-insurance plan

27  as provided in ss. 109.123 110.123 and 112.0801, or the

28  insurance coverage as provided by this law.

29         Section 81.  Paragraph (a) of subsection (2) of section

30  216.251, Florida Statutes, is amended to read:

31         216.251  Salary appropriations; limitations.--

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 1         (2)(a)  The salary for each position not specifically

 2  indicated in the appropriations acts shall be as provided in

 3  one of the following subparagraphs:

 4         1.  Within the classification and pay plans provided

 5  for in chapter 109 110.

 6         2.  Within the classification and pay plans established

 7  by the Board of Trustees for the Florida School for the Deaf

 8  and the Blind of the Department of Education and approved by

 9  the State Board of Education for academic and academic

10  administrative personnel.

11         3.  Within the classification and pay plan approved and

12  administered by the Board of Regents for those positions in

13  the State University System.

14         4.  Within the classification and pay plan approved by

15  the President of the Senate and the Speaker of the House of

16  Representatives, as the case may be, for employees of the

17  Legislature.

18         5.  Within the approved classification and pay plan for

19  the judicial branch.

20         6.  The salary of all positions not specifically

21  included in this subsection shall be set by the commission or

22  by the Chief Justice for the judicial branch.

23         Section 82.  Subsection (9) of section 1001.28, Florida

24  Statutes, is amended to read:

25         1001.28  Distance learning duties.--The duties of the

26  Department of Education concerning distance learning include,

27  but are not limited to, the duty to:

28         (9)  Hire appropriate staff which may include a

29  position that shall be exempt from part II of chapter 109 110

30  and is included in the Senior Management Service in accordance

31  with s. 110.205.

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 1         Section 83.  Subsection (19) of section 1001.74,

 2  Florida Statutes, is amended to read:

 3         1001.74  Powers and duties of university boards of

 4  trustees.--

 5         (19)  Each board of trustees shall establish the

 6  personnel program for all employees of the university,

 7  including the president, pursuant to the provisions of chapter

 8  1012 and, in accordance with rules and guidelines of the State

 9  Board of Education, including: compensation and other

10  conditions of employment, recruitment and selection,

11  nonreappointment, standards for performance and conduct,

12  evaluation, benefits and hours of work, leave policies,

13  recognition and awards, inventions and works, travel, learning

14  opportunities, exchange programs, academic freedom and

15  responsibility, promotion, assignment, demotion, transfer,

16  tenure and permanent status, ethical obligations and conflicts

17  of interest, restrictive covenants, disciplinary actions,

18  complaints, appeals and grievance procedures, and separation

19  and termination from employment. The Department of Management

20  Services shall retain authority over state university

21  employees for programs established in ss. 109.123, 109.1232,

22  109.1234, and 109.1238 110.123, 110.1232, 110.1234, and

23  110.1238 and in chapters 121, 122, and 238.

24         Section 84.  Paragraph (f) of subsection (4) of section

25  1002.36, Florida Statutes, is amended to read:

26         1002.36  Florida School for the Deaf and the Blind.--

27         (4)  BOARD OF TRUSTEES.--

28         (f)  The board of trustees shall:

29         1.  Prepare and submit legislative budget requests,

30  including fixed capital outlay requests, in accordance with

31  chapter 216 and s. 1013.60.

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 1         2.  Administer and maintain personnel programs for all

 2  employees of the board of trustees and the Florida School for

 3  the Deaf and the Blind who shall be state employees, including

 4  the personnel classification and pay plan established in

 5  accordance with ss. 109.205(2)(d) 110.205(2)(d) and

 6  216.251(2)(a)2. for academic and academic administrative

 7  personnel, the provisions of chapter 109 110, and the

 8  provisions of law that grant authority to the Department of

 9  Management Services over such programs for state employees.

10         3.  Adopt a master plan which specifies the mission and

11  objectives of the Florida School for the Deaf and the Blind.

12  The plan shall include, but not be limited to, procedures for

13  systematically measuring the school's progress toward meeting

14  its objectives, analyzing changes in the student population,

15  and modifying school programs and services to respond to such

16  changes. The plan shall be for a period of 5 years and shall

17  be reviewed for needed modifications every 2 years. The board

18  of trustees shall submit the initial plan and subsequent

19  modifications to the Speaker of the House of Representatives

20  and the President of the Senate.

21         4.  Seek the advice of the Division of Public Schools

22  within the Department of Education.

23         Section 85.  Section 1012.62, Florida Statutes, is

24  amended to read:

25         1012.62  Transfer of sick leave and annual leave.--In

26  implementing the provisions of ss. 402.22(1)(d) and

27  1001.42(4)(n), educational personnel in Department of Children

28  and Family Services residential care facilities who are

29  employed by a district school board may request, and the

30  district school board shall accept, a lump-sum transfer of

31  accumulated sick leave for such personnel to the maximum

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 1  allowed by policies of the district school board,

 2  notwithstanding the provisions of s. 109.122 110.122.

 3  Educational personnel in Department of Children and Family

 4  Services residential care facilities who are employed by a

 5  district school board under the provisions of s. 402.22(1)(d)

 6  may request, and the district school board shall accept, a

 7  lump-sum transfer of accumulated annual leave for each person

 8  employed by the district school board in a position in the

 9  district eligible to accrue vacation leave under policies of

10  the district school board.

11         Section 86.  Section 1012.96, Florida Statutes, is

12  amended to read:

13         1012.96  IFAS extension personnel; federal health

14  insurance programs notwithstanding the provisions of s.

15  109.123 110.123.--The Institute of Food and Agricultural

16  Sciences at the University of Florida may pay the employer's

17  share of premiums to the Federal Health Benefits Insurance

18  Program from its appropriated budget for any cooperative

19  extension employee of the institute having both state and

20  federal appointments and participating in the Federal Civil

21  Service Retirement System.

22         Section 87.  Subsection (2) of section 260.0125,

23  Florida Statutes, is amended to read:

24         260.0125  Limitation on liability of private landowners

25  whose property is designated as part of the statewide system

26  of greenways and trails.--

27         (2)  Any private landowner who consents to designation

28  of his or her land as part of the statewide system of

29  greenways and trails pursuant to s. 260.016(2)(d) without

30  compensation shall be considered a volunteer, as defined in s.

31  

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 1  109.501 110.501, and shall be covered by state liability

 2  protection pursuant to s. 768.28, including s. 768.28(9).

 3         Section 88.  Section 287.175, Florida Statutes, is

 4  amended to read:

 5         287.175  Penalties.--A violation of this part or a rule

 6  adopted hereunder, pursuant to applicable constitutional and

 7  statutory procedures, constitutes misuse of public position as

 8  defined in s. 112.313(6), and is punishable as provided in s.

 9  112.317. The Comptroller shall report incidents of suspected

10  misuse to the Commission on Ethics, and the commission shall

11  investigate possible violations of this part or rules adopted

12  hereunder when reported by the Comptroller, notwithstanding

13  the provisions of s. 112.324. Any violation of this part or a

14  rule adopted hereunder shall be presumed to have been

15  committed with wrongful intent, but such presumption is

16  rebuttable. Nothing in this section is intended to deny rights

17  provided to career service employees by s. 109.227 110.227.

18         Section 89.  Paragraph (a) of subsection (4) of section

19  295.07, Florida Statutes, is amended to read:

20         295.07  Preference in appointment and retention.--

21         (4)  The following positions are exempt from this

22  section:

23         (a)  Those positions that are exempt from the state

24  Career Service System under s. 109.205(2) 110.205(2); however,

25  all positions under the University Support Personnel System of

26  the State University System as well as all Career Service

27  System positions under the Florida Community College System

28  and the School for the Deaf and the Blind are included.

29         Section 90.  Paragraph (b) of subsection (10) of

30  section 216.181, Florida Statutes, is amended to read:

31  

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 1         216.181  Approved budgets for operations and fixed

 2  capital outlay.--

 3         (10)

 4         (b)  Lump-sum salary bonuses may be provided only if

 5  specifically appropriated or provided pursuant to s. 109.1245

 6  110.1245 or s. 216.1815.

 7         Section 91.  Subsections (2) and (4) of section 296.34,

 8  Florida Statutes, are amended to read:

 9         296.34  Administrator; qualifications, duties, and

10  responsibilities.--

11         (2)  The position shall be assigned to the Selected

12  Exempt Service under part V of chapter 109 110. The director

13  shall give veterans preference in selecting an administrator,

14  as provided in ss. 295.07 and 295.085. The administrator, at

15  the time of entering employment and at all times while

16  employed as the administrator must hold a current valid

17  license as a nursing home administrator under part II of

18  chapter 468.

19         (4)  All employees who fill authorized and established

20  positions appropriated for the home shall be state employees.

21  The department shall classify such employees in the manner

22  prescribed in chapter 109 110.

23         Section 92.  Subsection (5) of section 311.07, Florida

24  Statutes, is amended to read:

25         311.07  Florida seaport transportation and economic

26  development funding.--

27         (5)  Any port which receives funding under the program

28  shall institute procedures to ensure that jobs created as a

29  result of the state funding shall be subject to equal

30  opportunity hiring practices in the manner provided in s.

31  109.112 110.112.

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 1         Section 93.  Paragraph (c) of subsection (1) of section

 2  338.2216, Florida Statutes, is amended to read:

 3         338.2216  Florida Turnpike Enterprise; powers and

 4  authority.--

 5         (1)

 6         (c)  The executive director of the turnpike enterprise

 7  shall appoint a staff, which shall be exempt from part II of

 8  chapter 109 110. Among the staff shall be a chief financial

 9  officer, who must be a proven, effective administrator with

10  demonstrated experience in financial management of a large

11  bonded capital program and must hold an active license to

12  practice public accounting in Florida pursuant to chapter 473.

13  The turnpike enterprise staff shall also include the Office of

14  Toll Operations.

15         Section 94.  Paragraph (c) of subsection (10) of

16  section 339.175, Florida Statutes, is amended to read:

17         339.175  Metropolitan planning organization.--It is the

18  intent of the Legislature to encourage and promote the safe

19  and efficient management, operation, and development of

20  surface transportation systems that will serve the mobility

21  needs of people and freight within and through urbanized areas

22  of this state while minimizing transportation-related fuel

23  consumption and air pollution. To accomplish these objectives,

24  metropolitan planning organizations, referred to in this

25  section as M.P.O.'s, shall develop, in cooperation with the

26  state and public transit operators, transportation plans and

27  programs for metropolitan areas. The plans and programs for

28  each metropolitan area must provide for the development and

29  integrated management and operation of transportation systems

30  and facilities, including pedestrian walkways and bicycle

31  transportation facilities that will function as an intermodal

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    Florida Senate - 2003                                  SB 2720
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 1  transportation system for the metropolitan area, based upon

 2  the prevailing principles provided in s. 334.046(1). The

 3  process for developing such plans and programs shall provide

 4  for consideration of all modes of transportation and shall be

 5  continuing, cooperative, and comprehensive, to the degree

 6  appropriate, based on the complexity of the transportation

 7  problems to be addressed.

 8         (10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY

 9  COUNCIL.--

10         (c)  The powers and duties of the Metropolitan Planning

11  Organization Advisory Council are to:

12         1.  Enter into contracts with individuals, private

13  corporations, and public agencies.

14         2.  Acquire, own, operate, maintain, sell, or lease

15  personal property essential for the conduct of business.

16         3.  Accept funds, grants, assistance, gifts, or

17  bequests from private, local, state, or federal sources.

18         4.  Establish bylaws and adopt rules pursuant to ss.

19  120.536(1) and 120.54 to implement provisions of law

20  conferring powers or duties upon it.

21         5.  Assist M.P.O.'s in carrying out the urbanized area

22  transportation planning process by serving as the principal

23  forum for collective policy discussion pursuant to law.

24         6.  Serve as a clearinghouse for review and comment by

25  M.P.O.'s on the Florida Transportation Plan and on other

26  issues required to comply with federal or state law in

27  carrying out the urbanized area transportation and systematic

28  planning processes instituted pursuant to s. 339.155.

29         7.  Employ an executive director and such other staff

30  as necessary to perform adequately the functions of the

31  council, within budgetary limitations. The executive director

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 1  and staff are exempt from part II of chapter 109 110 and serve

 2  at the direction and control of the council. The council is

 3  assigned to the Office of the Secretary of the Department of

 4  Transportation for fiscal and accountability purposes, but it

 5  shall otherwise function independently of the control and

 6  direction of the department.

 7         8.  Adopt an agency strategic plan that provides the

 8  priority directions the agency will take to carry out its

 9  mission within the context of the state comprehensive plan and

10  any other statutory mandates and directions given to the

11  agency.

12         Section 95.  Subsection (4) of section 343.74, Florida

13  Statutes, is amended to read:

14         343.74  Powers and duties.--

15         (4)  The authority shall institute procedures to ensure

16  that jobs created as a result of state funding pursuant to

17  this section shall be subject to equal opportunity hiring

18  practices as provided for in s. 109.112 110.112.

19         Section 96.  Section 373.6065, Florida Statutes, is

20  amended to read:

21         373.6065  Adoption benefits for water management

22  district employees.--

23         (1)  Any employee of a water management district is

24  eligible to receive monetary benefits for child adoption to

25  the same extent as is an employee of the state, as described

26  in s. 109.152 110.152. The employee shall apply for such

27  benefits pursuant to s. 109.15201 110.15201.

28         (2)  The Comptroller and the Department of Management

29  Services shall transfer funds to water management districts to

30  pay eligible water management district employees for these

31  child adoption monetary benefits in accordance with s.

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    Florida Senate - 2003                                  SB 2720
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 1  215.32(1)(c)5., as long as funds remain available for the

 2  program described under s. 109.152 110.152.

 3         (3)  Parental leave for eligible water management

 4  district employees shall be provided according to the policies

 5  and procedures of the individual water management district in

 6  existence at the time eligibility is determined.

 7         (4)  Each water management district shall develop means

 8  of implementing these monetary adoption benefits for water

 9  management district employees, consistent with its current

10  practices. Water management district rules, policies,

11  guidelines, or procedures so implemented will remain valid and

12  enforceable as long as they do not conflict with the express

13  terms of s. 109.152 110.152.

14         Section 97.  Subsection (2) of section 381.00315,

15  Florida Statutes, is amended to read:

16         381.00315  Public health advisories; public health

17  emergencies.--The State Health Officer is responsible for

18  declaring public health emergencies and issuing public health

19  advisories.

20         (2)  Individuals who assist the State Health Officer at

21  his or her request on a volunteer basis during a public health

22  emergency are entitled to the benefits specified in s.

23  109.504(2), (3), (4), and (5) 110.504(2), (3), (4), and (5).

24         Section 98.  Paragraph (e) of subsection (3) of section

25  381.85, Florida Statutes, is amended to read:

26         381.85  Biomedical and social research.--

27         (3)  REVIEW COUNCIL FOR BIOMEDICAL AND SOCIAL

28  RESEARCH.--

29         (e)  The council shall be staffed by an executive

30  director and a secretary who shall be appointed by the council

31  

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    20-1164A-03                                             See HB




 1  and who shall be exempt from the provisions of part II of

 2  chapter 109 110 relating to the Career Service System.

 3         Section 99.  Section 393.0657, Florida Statutes, is

 4  amended to read:

 5         393.0657  Persons not required to be refingerprinted or

 6  rescreened.--Any provision of law to the contrary

 7  notwithstanding, human resource personnel who have been

 8  fingerprinted or screened pursuant to chapters 393, 394, 397,

 9  402, and 409, and teachers who have been fingerprinted

10  pursuant to chapter 1012, who have not been unemployed for

11  more than 90 days thereafter, and who under the penalty of

12  perjury attest to the completion of such fingerprinting or

13  screening and to compliance with the provisions of this

14  section and the standards for good moral character as

15  contained in such provisions as ss. 109.1127(3) 110.1127(3),

16  393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(5),

17  shall not be required to be refingerprinted or rescreened in

18  order to comply with any direct service provider screening or

19  fingerprinting requirements.

20         Section 100.  Subsections (3) and (4) of section

21  296.04, Florida Statutes, are amended to read:

22         296.04  Administrator; duties and qualifications;

23  responsibilities.--

24         (3)  The administrator position shall be assigned to

25  the Selected Exempt Service under part V of chapter 109 110.

26  The director shall give veterans' preference in selecting an

27  administrator, as provided in ss. 295.07 and 295.085. In

28  addition, the administrator must have at least a 4-year degree

29  from an accredited university or college and 3 years of

30  administrative experience in a health care facility, or any

31  equivalent combination of experience, training, and education

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 1  totaling 7 years in work relating to administration of a

 2  health care facility.

 3         (4)  All employees who fill authorized and established

 4  positions appropriated for the home shall be state employees.

 5  The department shall classify such employees in the manner

 6  prescribed in chapter 109 110.

 7         Section 101.  Subsection (3) of section 400.953,

 8  Florida Statutes, is amended to read:

 9         400.953  Background screening of home medical equipment

10  provider personnel.--The agency shall require employment

11  screening as provided in chapter 435, using the level 1

12  standards for screening set forth in that chapter, for home

13  medical equipment provider personnel.

14         (3)  Proof of compliance with the screening

15  requirements of s. 109.1127 110.1127, s. 393.0655, s.

16  394.4572, s. 397.451, s. 402.305, s. 402.313, s. 409.175, s.

17  464.008, or s. 985.407 or this part must be accepted in lieu

18  of the requirements of this section if the person has been

19  continuously employed in the same type of occupation for which

20  he or she is seeking employment without a breach in service

21  that exceeds 180 days, the proof of compliance is not more

22  than 2 years old, and the person has been screened by the

23  Department of Law Enforcement. An employer or contractor shall

24  directly provide proof of compliance to another employer or

25  contractor, and a potential employer or contractor may not

26  accept any proof of compliance directly from the person

27  requiring screening. Proof of compliance with the screening

28  requirements of this section shall be provided, upon request,

29  to the person screened by the home medical equipment provider.

30         Section 102.  Section 402.3057, Florida Statutes, is

31  amended to read:

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    20-1164A-03                                             See HB




 1         402.3057  Persons not required to be refingerprinted or

 2  rescreened.--Any provision of law to the contrary

 3  notwithstanding, human resource personnel who have been

 4  fingerprinted or screened pursuant to chapters 393, 394, 397,

 5  402, and 409, and teachers and noninstructional personnel who

 6  have been fingerprinted pursuant to chapter 1012, who have not

 7  been unemployed for more than 90 days thereafter, and who

 8  under the penalty of perjury attest to the completion of such

 9  fingerprinting or screening and to compliance with the

10  provisions of this section and the standards for good moral

11  character as contained in such provisions as ss. 109.1127(3)

12  110.1127(3), 393.0655(1), 394.457(6), 397.451, 402.305(2), and

13  409.175(5), shall not be required to be refingerprinted or

14  rescreened in order to comply with any caretaker screening or

15  fingerprinting requirements.

16         Section 103.  Subsection (4) of section 402.55, Florida

17  Statutes, is amended to read:

18         402.55  Management fellows program.--

19         (4)  Notwithstanding the provisions of chapter 109 110,

20  the departments may grant special pay increases to management

21  fellows upon successful completion of the program.

22         Section 104.  Subsection (2) of section 402.731,

23  Florida Statutes, is amended to read:

24         402.731  Department of Children and Family Services

25  certification programs for employees and service providers;

26  employment provisions for transition to community-based

27  care.--

28         (2)  The department shall develop and implement

29  employment programs to attract and retain competent staff to

30  support and facilitate the transition to privatized

31  community-based care. Such employment programs shall include

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    20-1164A-03                                             See HB




 1  lump-sum bonuses, salary incentives, relocation allowances, or

 2  severance pay. The department shall also contract for the

 3  delivery or administration of outplacement services. The

 4  department shall establish time-limited exempt positions as

 5  provided in s. 109.205(2)(i) 110.205(2)(i), in accordance with

 6  the authority provided in s. 216.262(1)(c)1. Employees

 7  appointed to fill such exempt positions shall have the same

 8  salaries and benefits as career service employees.

 9         Section 105.  Section 409.1757, Florida Statutes, is

10  amended to read:

11         409.1757  Persons not required to be refingerprinted or

12  rescreened.--Any provision of law to the contrary

13  notwithstanding, human resource personnel who have been

14  fingerprinted or screened pursuant to chapters 393, 394, 397,

15  402, and this chapter, and teachers who have been

16  fingerprinted pursuant to chapter 1012, who have not been

17  unemployed for more than 90 days thereafter, and who under the

18  penalty of perjury attest to the completion of such

19  fingerprinting or screening and to compliance with the

20  provisions of this section and the standards for good moral

21  character as contained in such provisions as ss. 109.1127(3)

22  110.1127(3), 393.0655(1), 394.457(6), 397.451, 402.305(2), and

23  409.175(5), shall not be required to be refingerprinted or

24  rescreened in order to comply with any caretaker screening or

25  fingerprinting requirements.

26         Section 106.  Section 409.9205, Florida Statutes, is

27  amended to read:

28         409.9205  Medicaid Fraud Control Unit.--

29         (1)  Except as provided in s. 109.205 110.205, all

30  positions in the Medicaid Fraud Control Unit of the Department

31  

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    20-1164A-03                                             See HB




 1  of Legal Affairs are hereby transferred to the Career Service

 2  System.

 3         (2)  All investigators employed by the Medicaid Fraud

 4  Control Unit who have been certified under s. 943.1395 are law

 5  enforcement officers of the state. Such investigators have the

 6  authority to conduct criminal investigations, bear arms, make

 7  arrests, and apply for, serve, and execute search warrants,

 8  arrest warrants, capias, and other process throughout the

 9  state pertaining to Medicaid fraud as described in this

10  chapter. The Attorney General shall provide reasonable notice

11  of criminal investigations conducted by the Medicaid Fraud

12  Control Unit to, and coordinate those investigations with, the

13  sheriffs of the respective counties.

14         Section 107.  Paragraph (o) of subsection (1) of

15  section 440.102, Florida Statutes, is amended to read:

16         440.102  Drug-free workplace program requirements.--The

17  following provisions apply to a drug-free workplace program

18  implemented pursuant to law or to rules adopted by the Agency

19  for Health Care Administration:

20         (1)  DEFINITIONS.--Except where the context otherwise

21  requires, as used in this act:

22         (o)  "Safety-sensitive position" means, with respect to

23  a public employer, a position in which a drug impairment

24  constitutes an immediate and direct threat to public health or

25  safety, such as a position that requires the employee to carry

26  a firearm, perform life-threatening procedures, work with

27  confidential information or documents pertaining to criminal

28  investigations, or work with controlled substances; a position

29  subject to s. 109.1127 110.1127; or a position in which a

30  momentary lapse in attention could result in injury or death

31  to another person.

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 1         Section 108.  Subsection (4) of section 443.171,

 2  Florida Statutes, is amended to read:

 3         443.171  Division and commission; powers and duties;

 4  rules; advisory council; records and reports; proceedings;

 5  state-federal cooperation.--

 6         (4)  PERSONNEL.--Subject to chapter 109 110 and the

 7  other provisions of this chapter, the division is authorized

 8  to appoint, fix the compensation of, and prescribe the duties

 9  and powers of such employees, accountants, attorneys, experts,

10  and other persons as may be necessary in the performance of

11  its duties under this chapter. The division may delegate to

12  any such person such power and authority as it deems

13  reasonable and proper for the effective administration of this

14  chapter and may in its discretion bond any person handling

15  moneys or signing checks hereunder; the cost of such bonds

16  shall be paid from the Employment Security Administration

17  Trust Fund.

18         Section 109.  Subsection (8) and paragraph (a) of

19  subsection (9) of section 447.207, Florida Statutes, are

20  amended to read:

21         447.207  Commission; powers and duties.--

22         (8)  The commission or its designated agent shall hear

23  appeals arising out of any suspension, reduction in pay,

24  demotion, or dismissal of any permanent employee in the State

25  Career Service System in the manner provided in s. 109.227

26  110.227.

27         (9)  Pursuant to s. 447.208, the commission or its

28  designated agent shall hear appeals, and enter such orders as

29  it deems appropriate, arising out of:

30  

31  

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    20-1164A-03                                             See HB




 1         (a)  Section 109.124 110.124, relating to termination

 2  or transfer of State Career Service System employees aged 67

 3  65 or older.

 4         Section 110.  Subsection (3) of section 400.19, Florida

 5  Statutes, is amended to read:

 6         400.19  Right of entry and inspection.--

 7         (3)  The agency shall every 15 months conduct at least

 8  one unannounced inspection to determine compliance by the

 9  licensee with statutes, and with rules promulgated under the

10  provisions of those statutes, governing minimum standards of

11  construction, quality and adequacy of care, and rights of

12  residents. The survey shall be conducted every 6 months for

13  the next 2-year period if the facility has been cited for a

14  class I deficiency, has been cited for two or more class II

15  deficiencies arising from separate surveys or investigations

16  within a 60-day period, or has had three or more substantiated

17  complaints within a 6-month period, each resulting in at least

18  one class I or class II deficiency. In addition to any other

19  fees or fines in this part, the agency shall assess a fine for

20  each facility that is subject to the 6-month survey cycle. The

21  fine for the 2-year period shall be $6,000, one-half to be

22  paid at the completion of each survey. The agency may adjust

23  this fine by the change in the Consumer Price Index, based on

24  the 12 months immediately preceding the increase, to cover the

25  cost of the additional surveys. The agency shall verify

26  through subsequent inspection that any deficiency identified

27  during the annual inspection is corrected. However, the agency

28  may verify the correction of a class III or class IV

29  deficiency unrelated to resident rights or resident care

30  without reinspecting the facility if adequate written

31  documentation has been received from the facility, which

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    20-1164A-03                                             See HB




 1  provides assurance that the deficiency has been corrected. The

 2  giving or causing to be given of advance notice of such

 3  unannounced inspections by an employee of the agency to any

 4  unauthorized person shall constitute cause for suspension of

 5  not fewer than 5 working days according to the provisions of

 6  chapter 109 110.

 7         Section 111.  Subsection (3) of section 471.038,

 8  Florida Statutes, is amended to read:

 9         471.038  Florida Engineers Management Corporation.--

10         (3)  The Florida Engineers Management Corporation is

11  created to provide administrative, investigative, and

12  prosecutorial services to the board in accordance with the

13  provisions of chapter 455 and this chapter. The management

14  corporation may hire staff as necessary to carry out its

15  functions. Such staff are not public employees for the

16  purposes of chapter 109 110 or chapter 112, except that the

17  board of directors and the staff are subject to the provisions

18  of s. 112.061. The provisions of s. 768.28 apply to the

19  management corporation, which is deemed to be a corporation

20  primarily acting as an instrumentality of the state, but which

21  is not an agency within the meaning of s. 20.03(11). The

22  management corporation shall:

23         (a)  Be a Florida corporation not for profit,

24  incorporated under the provisions of chapter 617.

25         (b)  Provide administrative, investigative, and

26  prosecutorial services to the board in accordance with the

27  provisions of chapter 455, this chapter, and the contract

28  required by this section.

29         (c)  Receive, hold, and administer property and make

30  only prudent expenditures directly related to the

31  

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    20-1164A-03                                             See HB




 1  responsibilities of the board, and in accordance with the

 2  contract required by this section.

 3         (d)  Be approved by the board and the department to

 4  operate for the benefit of the board and in the best interest

 5  of the state.

 6         (e)  Operate under a fiscal year that begins on July 1

 7  of each year and ends on June 30 of the following year.

 8         (f)  Have a seven-member board of directors, five of

 9  whom are to be appointed by the board and must be registrants

10  regulated by the board and two of whom are to be appointed by

11  the secretary and must be laypersons not regulated by the

12  board. All initial appointments shall expire on October 31,

13  2000. Current members may be appointed to one additional term

14  that complies with the provisions of this paragraph. Two

15  members shall be appointed for 2 years, three members shall be

16  appointed for 3 years, and two members shall be appointed for

17  4 years. One layperson shall be appointed to a 3-year term and

18  one layperson shall be appointed to a 4-year term. Thereafter,

19  all appointments shall be for 4-year terms. No new member

20  shall serve more than two consecutive terms. Failure to attend

21  three consecutive meetings shall be deemed a resignation from

22  the board, and the vacancy shall be filled by a new

23  appointment.

24         (g)  Select its officers in accordance with its bylaws.

25  The members of the board of directors may be removed by the

26  board, with the concurrence of the department, for the same

27  reasons that a board member may be removed.

28         (h)  Use a portion of the interest derived from the

29  management corporation account to offset the costs associated

30  with the use of credit cards for payment of fees by applicants

31  or licensees.

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    20-1164A-03                                             See HB




 1         (i)  Operate under an annual written contract with the

 2  department which is approved by the board. The contract must

 3  provide for, but is not limited to:

 4         1.  Approval of the articles of incorporation and

 5  bylaws of the management corporation by the department and the

 6  board.

 7         2.  Submission by the management corporation of an

 8  annual budget that complies with board rules for approval by

 9  the board and the department.

10         3.  Annual certification by the board and the

11  department that the management corporation is complying with

12  the terms of the contract in a manner consistent with the

13  goals and purposes of the board and in the best interest of

14  the state. This certification must be reported in the board's

15  minutes. The contract must also provide for methods and

16  mechanisms to resolve any situation in which the certification

17  process determines noncompliance.

18         4.  Employment by the department of a contract

19  administrator to actively supervise the administrative,

20  investigative, and prosecutorial activities of the management

21  corporation to ensure compliance with the contract and the

22  provisions of chapter 455 and this chapter and to act as a

23  liaison for the department, the board, and the management

24  corporation to ensure the effective operation of the

25  management corporation.

26         5.  Funding of the management corporation through

27  appropriations allocated to the regulation of professional

28  engineers from the Professional Regulation Trust Fund.

29         6.  The reversion to the board, or the state if the

30  board ceases to exist, of moneys, records, data, and property

31  held in trust by the management corporation for the benefit of

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    20-1164A-03                                             See HB




 1  the board, if the management corporation is no longer approved

 2  to operate for the board or the board ceases to exist. All

 3  records and data in a computerized database shall be returned

 4  to the department in a form that is compatible with the

 5  computerized database of the department.

 6         7.  The securing and maintaining by the management

 7  corporation, during the term of the contract and for all acts

 8  performed during the term of the contract, of all liability

 9  insurance coverages in an amount to be approved by the

10  department to defend, indemnify, and hold harmless the

11  management corporation and its officers and employees, the

12  department and its employees, and the state against all claims

13  arising from state and federal laws. Such insurance coverage

14  must be with insurers qualified and doing business in the

15  state. The management corporation must provide proof of

16  insurance to the department. The department and its employees

17  and the state are exempt from and are not liable for any sum

18  of money which represents a deductible, which sums shall be

19  the sole responsibility of the management corporation.

20  Violation of this subparagraph shall be grounds for

21  terminating the contract.

22         8.  Payment by the management corporation, out of its

23  allocated budget, to the department of all costs of

24  representation by the board counsel, including salary and

25  benefits, travel, and any other compensation traditionally

26  paid by the department to other board counsels.

27         9.  Payment by the management corporation, out of its

28  allocated budget, to the department of all costs incurred by

29  the management corporation or the board for the Division of

30  Administrative Hearings of the Department of Management

31  

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 1  Services and any other cost for utilization of these state

 2  services.

 3         10.  Payment by the management corporation, out of its

 4  allocated budget, to the department of all costs associated

 5  with the contract administrator of the department, including

 6  salary and benefits, travel, and other related costs

 7  traditionally paid to state employees.

 8         (j)  Provide for an annual financial audit of its

 9  financial accounts and records by an independent certified

10  public accountant. The annual audit report shall include a

11  management letter in accordance with s. 11.45 and a detailed

12  supplemental schedule of expenditures for each expenditure

13  category. The annual audit report must be submitted to the

14  board, the department, and the Auditor General for review.

15         (k)  Provide for persons charged with the

16  responsibility of receiving and depositing fee and fine

17  revenues to have a faithful performance bond in such an amount

18  and according to such terms as shall be determined in the

19  contract.

20         (l)  Submit to the secretary, the board, and the

21  Legislature, on or before January 1 of each year, a report on

22  the status of the corporation which includes, but is not

23  limited to, information concerning the programs and funds that

24  have been transferred to the corporation. The report must

25  include: the number of license applications received; the

26  number approved and denied and the number of licenses issued;

27  the number of examinations administered and the number of

28  applicants who passed or failed the examination; the number of

29  complaints received; the number determined to be legally

30  sufficient; the number dismissed; the number determined to

31  have probable cause; the number of administrative complaints

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 1  issued and the status of the complaints; and the number and

 2  nature of disciplinary actions taken by the board.

 3         (m)  Develop, with the department, performance

 4  standards and measurable outcomes for the board to adopt by

 5  rule in order to facilitate efficient and cost-effective

 6  regulation.

 7         Section 112.  Subsection (3) of section 509.036,

 8  Florida Statutes, is amended to read:

 9         509.036  Public food service inspector

10  standardization.--

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

12  accordance with the provisions of chapter 120 to provide for

13  disciplinary action in cases of inspector negligence. An

14  inspector may be subject to suspension or dismissal for

15  reasonable cause as set forth in s. 109.227 110.227.

16         Section 113.  Subsection (1) of section 570.073,

17  Florida Statutes, is amended to read:

18         570.073  Department of Agriculture and Consumer

19  Services, law enforcement officers.--

20         (1)  The commissioner may create an Office of

21  Agricultural Law Enforcement under the supervision of a senior

22  manager exempt under s. 109.205 110.205 in the Senior

23  Management Service. The commissioner may designate law

24  enforcement officers, as necessary, to enforce any criminal

25  law or conduct any criminal investigation or to enforce the

26  provisions of any statute or any other laws of this state.

27  Officers appointed under this section shall have the primary

28  responsibility for enforcing laws relating to agriculture and

29  consumer services, as outlined in this section, and have

30  jurisdiction over violations of law which threaten the overall

31  security and safety of this state's agriculture and consumer

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    20-1164A-03                                             See HB




 1  services. The primary responsibilities of officers appointed

 2  under this section include the enforcement of laws relating

 3  to:

 4         (a)  Domesticated animals, including livestock,

 5  poultry, aquaculture products, and other wild or domesticated

 6  animals or animal products.

 7         (b)  Farms, farm equipment, livery tack, citrus or

 8  citrus products, or horticultural products.

 9         (c)  Trespass, littering, forests, forest fires, and

10  open burning.

11         (d)  Damage to or theft of forest products.

12         (e)  Enforcement of a marketing order.

13         (f)  Protection of consumers.

14         (g)  Civil traffic offenses as provided in state law.

15         (h)  The use of alcohol or drugs which occurs on

16  property owned, managed, or occupied by the department.

17         (i)  Any emergency situation in which the life, limb,

18  or property of any person is placed in immediate and serious

19  danger.

20         (j)  Any crime incidental to or related to paragraphs

21  (a)-(i).

22         (k)  The responsibilities of the Commissioner of

23  Agriculture.

24         Section 114.  Section 570.074, Florida Statutes, is

25  amended to read:

26         570.074  Department of Agriculture and Consumer

27  Services; water policy coordination.--The commissioner may

28  create an Office of Water Coordination under the supervision

29  of a senior manager exempt under s. 109.205 110.205 in the

30  Senior Management Service. The commissioner may designate the

31  bureaus and positions in the various organizational divisions

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    20-1164A-03                                             See HB




 1  of the department that report to this office relating to any

 2  matter over which the department has jurisdiction in matters

 3  relating to water policy affecting agriculture, application of

 4  such policies, and coordination of such matters with state and

 5  federal agencies.

 6         Section 115.  Subsection (6) of section 624.307,

 7  Florida Statutes, is amended to read:

 8         624.307  General powers; duties.--

 9         (6)  The department may employ actuaries who shall be

10  at-will employees and who shall serve at the pleasure of the

11  Insurance Commissioner. Actuaries employed pursuant to this

12  paragraph shall be members of the Society of Actuaries or the

13  Casualty Actuarial Society and shall be exempt from the Career

14  Service System established under chapter 109 110. The salaries

15  of the actuaries employed pursuant to this paragraph by the

16  department shall be set in accordance with s. 216.251(2)(a)5.

17  and shall be set at levels which are commensurate with salary

18  levels paid to actuaries by the insurance industry.

19         Section 116.  Subsection (4) of section 627.0623,

20  Florida Statutes, is amended to read:

21         627.0623  Restrictions on expenditures and

22  solicitations of insurers and affiliates.--

23         (4)  No employee of the department may solicit a

24  campaign contribution for the Treasurer or any candidate for

25  the office of Treasurer from any insurer, affiliate, or

26  officer of an insurer or affiliate, or any political committee

27  or committee of continuous existence that represents such

28  insurer, affiliate, or officer. For purposes of this section,

29  "employee of the department" means any person employed in the

30  Department of Insurance or the Treasurer's office holding a

31  position in the Senior Management Service as defined in s.

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    20-1164A-03                                             See HB




 1  110.402; any person holding a position in the Selected Exempt

 2  Service as defined in s. 110.602; any person having authority

 3  over insurance policy, regulation, or supervision; or any

 4  person hired on a contractual basis, having the power normally

 5  conferred upon such person, by whatever title.

 6         Section 117.  Paragraph (h) of subsection (4) of

 7  section 627.6488, Florida Statutes, is amended to read:

 8         627.6488  Florida Comprehensive Health Association.--

 9         (4)  The association shall:

10         (h)  Contract with preferred provider organizations and

11  health maintenance organizations giving due consideration to

12  the preferred provider organizations and health maintenance

13  organizations which have contracted with the state group

14  health insurance program pursuant to s. 109.123 110.123. If

15  cost-effective and available in the county where the

16  policyholder resides, the board, upon application or renewal

17  of a policy, shall place a high-risk individual, as

18  established under s. 627.6498(4)(a)4., with the plan case

19  manager who shall determine the most cost-effective quality

20  care system or health care provider and shall place the

21  individual in such system or with such health care provider.

22  If cost-effective and available in the county where the

23  policyholder resides, the board, with the consent of the

24  policyholder, may place a low-risk or medium-risk individual,

25  as established under s. 627.6498(4)(a)4., with the plan case

26  manager who may determine the most cost-effective quality care

27  system or health care provider and shall place the individual

28  in such system or with such health care provider. Prior to and

29  during the implementation of case management, the plan case

30  manager shall obtain input from the policyholder, parent, or

31  guardian.

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    20-1164A-03                                             See HB




 1         Section 118.  Paragraph (a) of subsection (1) of

 2  section 627.649, Florida Statutes, is amended to read:

 3         627.649  Administrator.--

 4         (1)  The board shall select an administrator, through a

 5  competitive bidding process, to administer the plan. The board

 6  shall evaluate bids submitted under this subsection based on

 7  criteria established by the board, which criteria shall

 8  include:

 9         (a)  The administrator's proven ability to handle large

10  group accident and health insurance, and due consideration

11  shall be given to any administrator who has acted as a

12  third-party administrator for the state group health insurance

13  program pursuant to s. 109.123 110.123.

14         Section 119.  Paragraph (a) of subsection (2) and

15  subsection (3) of section 627.6498, Florida Statutes, are

16  amended to read:

17         627.6498  Minimum benefits coverage; exclusions;

18  premiums; deductibles.--

19         (2)  BENEFITS.--

20         (a)  The plan shall offer major medical expense

21  coverage similar to that provided by the state group health

22  insurance program as defined in s. 109.123 110.123 except as

23  specified in subsection (3) to every eligible person who is

24  not eligible for Medicare. Major medical expense coverage

25  offered under the plan shall pay an eligible person's covered

26  expenses, subject to limits on the deductible and coinsurance

27  payments authorized under subsection (4), up to a lifetime

28  limit of $500,000 per covered individual. The maximum limit

29  under this paragraph shall not be altered by the board, and no

30  actuarially equivalent benefit may be substituted by the

31  board.

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    20-1164A-03                                             See HB




 1         (3)  COVERED EXPENSES.--The coverage to be issued by

 2  the association shall be patterned after the state group

 3  health insurance program as defined in s. 109.123 110.123,

 4  including its benefits, exclusions, and other limitations,

 5  except as otherwise provided in this act. The plan may cover

 6  the cost of experimental drugs which have been approved for

 7  use by the Food and Drug Administration on an experimental

 8  basis if the cost is less than the usual and customary

 9  treatment. Such coverage shall only apply to those insureds

10  who are in the case management system upon the approval of the

11  insured, the case manager, and the board.

12         Section 120.  Paragraph (a) of subsection (2) of

13  section 456.048, Florida Statutes, is amended to read:

14         456.048  Financial responsibility requirements for

15  certain health care practitioners.--

16         (2)  The board or department may grant exemptions upon

17  application by practitioners meeting any of the following

18  criteria:

19         (a)  Any person licensed under chapter 457, chapter

20  460, chapter 461, s. 464.012, chapter 466, or chapter 467 who

21  practices exclusively as an officer, employee, or agent of the

22  Federal Government or of the state or its agencies or its

23  subdivisions. For the purposes of this subsection, an agent of

24  the state, its agencies, or its subdivisions is a person who

25  is eligible for coverage under any self-insurance or insurance

26  program authorized by the provisions of s. 768.28(15) or who

27  is a volunteer under s. 109.501(1) 110.501(1).

28         Section 121.  Subsection (3) of section 655.019,

29  Florida Statutes, is amended to read:

30         655.019  Campaign contributions; limitations.--

31  

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    20-1164A-03                                             See HB




 1         (3)  No employee of the department may solicit a

 2  campaign contribution for the Comptroller or any candidate for

 3  the office of the Comptroller from any person who is licensed

 4  or otherwise authorized to do business by the department or

 5  who has an application pending for licensure or other

 6  authorization to do business pending with the department, or

 7  any director, officer, employee, agent, retained legal

 8  counsel, lobbyist, or partner or affiliate of that person or

 9  any political committee or committee of continuous existence

10  that represents that person. For purposes of this section,

11  "employee of the department" means any person employed in the

12  department or the Comptroller's office holding a position in

13  the Senior Management Service as defined in s. 110.402; any

14  person holding a position in the Selected Exempt Service as

15  defined in s. 110.602; any person having authority over

16  institution policy, regulation, or supervision; or any person

17  hired on a contractual basis, having the power normally

18  conferred upon such person, by whatever title.

19         Section 122.  Paragraph (a) of subsection (4) of

20  section 943.0585, Florida Statutes, is amended to read:

21         943.0585  Court-ordered expunction of criminal history

22  records.--The courts of this state have jurisdiction over

23  their own procedures, including the maintenance, expunction,

24  and correction of judicial records containing criminal history

25  information to the extent such procedures are not inconsistent

26  with the conditions, responsibilities, and duties established

27  by this section. Any court of competent jurisdiction may order

28  a criminal justice agency to expunge the criminal history

29  record of a minor or an adult who complies with the

30  requirements of this section. The court shall not order a

31  criminal justice agency to expunge a criminal history record

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    20-1164A-03                                             See HB




 1  until the person seeking to expunge a criminal history record

 2  has applied for and received a certificate of eligibility for

 3  expunction pursuant to subsection (2). A criminal history

 4  record that relates to a violation of s. 787.025, chapter 794,

 5  s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,

 6  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.

 7  893.135, or a violation enumerated in s. 907.041 may not be

 8  expunged, without regard to whether adjudication was withheld,

 9  if the defendant was found guilty of or pled guilty or nolo

10  contendere to the offense, or if the defendant, as a minor,

11  was found to have committed, or pled guilty or nolo contendere

12  to committing, the offense as a delinquent act. The court may

13  only order expunction of a criminal history record pertaining

14  to one arrest or one incident of alleged criminal activity,

15  except as provided in this section. The court may, at its sole

16  discretion, order the expunction of a criminal history record

17  pertaining to more than one arrest if the additional arrests

18  directly relate to the original arrest. If the court intends

19  to order the expunction of records pertaining to such

20  additional arrests, such intent must be specified in the

21  order. A criminal justice agency may not expunge any record

22  pertaining to such additional arrests if the order to expunge

23  does not articulate the intention of the court to expunge a

24  record pertaining to more than one arrest. This section does

25  not prevent the court from ordering the expunction of only a

26  portion of a criminal history record pertaining to one arrest

27  or one incident of alleged criminal activity. Notwithstanding

28  any law to the contrary, a criminal justice agency may comply

29  with laws, court orders, and official requests of other

30  jurisdictions relating to expunction, correction, or

31  confidential handling of criminal history records or

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    20-1164A-03                                             See HB




 1  information derived therefrom. This section does not confer

 2  any right to the expunction of any criminal history record,

 3  and any request for expunction of a criminal history record

 4  may be denied at the sole discretion of the court.

 5         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

 6  criminal history record of a minor or an adult which is

 7  ordered expunged by a court of competent jurisdiction pursuant

 8  to this section must be physically destroyed or obliterated by

 9  any criminal justice agency having custody of such record;

10  except that any criminal history record in the custody of the

11  department must be retained in all cases. A criminal history

12  record ordered expunged that is retained by the department is

13  confidential and exempt from the provisions of s. 119.07(1)

14  and s. 24(a), Art. I of the State Constitution and not

15  available to any person or entity except upon order of a court

16  of competent jurisdiction. A criminal justice agency may

17  retain a notation indicating compliance with an order to

18  expunge.

19         (a)  The person who is the subject of a criminal

20  history record that is expunged under this section or under

21  other provisions of law, including former s. 893.14, former s.

22  901.33, and former s. 943.058, may lawfully deny or fail to

23  acknowledge the arrests covered by the expunged record, except

24  when the subject of the record:

25         1.  Is a candidate for employment with a criminal

26  justice agency;

27         2.  Is a defendant in a criminal prosecution;

28         3.  Concurrently or subsequently petitions for relief

29  under this section or s. 943.059;

30         4.  Is a candidate for admission to The Florida Bar;

31  

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    20-1164A-03                                             See HB




 1         5.  Is seeking to be employed or licensed by or to

 2  contract with the Department of Children and Family Services

 3  or the Department of Juvenile Justice or to be employed or

 4  used by such contractor or licensee in a sensitive position

 5  having direct contact with children, the developmentally

 6  disabled, the aged, or the elderly as provided in s.

 7  109.1127(3) 110.1127(3), s. 393.063(15), s. 394.4572(1), s.

 8  397.451, s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s.

 9  415.102(4), s. 985.407, or chapter 400; or

10         6.  Is seeking to be employed or licensed by the Office

11  of Teacher Education, Certification, Staff Development, and

12  Professional Practices of the Department of Education, any

13  district school board, or any local governmental entity that

14  licenses child care facilities.

15         Section 123.  Paragraph (a) of subsection (4) of

16  section 943.059, Florida Statutes, is amended to read:

17         943.059  Court-ordered sealing of criminal history

18  records.--The courts of this state shall continue to have

19  jurisdiction over their own procedures, including the

20  maintenance, sealing, and correction of judicial records

21  containing criminal history information to the extent such

22  procedures are not inconsistent with the conditions,

23  responsibilities, and duties established by this section. Any

24  court of competent jurisdiction may order a criminal justice

25  agency to seal the criminal history record of a minor or an

26  adult who complies with the requirements of this section. The

27  court shall not order a criminal justice agency to seal a

28  criminal history record until the person seeking to seal a

29  criminal history record has applied for and received a

30  certificate of eligibility for sealing pursuant to subsection

31  (2). A criminal history record that relates to a violation of

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    20-1164A-03                                             See HB




 1  s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.

 2  825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,

 3  s. 847.0145, s. 893.135, or a violation enumerated in s.

 4  907.041 may not be sealed, without regard to whether

 5  adjudication was withheld, if the defendant was found guilty

 6  of or pled guilty or nolo contendere to the offense, or if the

 7  defendant, as a minor, was found to have committed or pled

 8  guilty or nolo contendere to committing the offense as a

 9  delinquent act. The court may only order sealing of a criminal

10  history record pertaining to one arrest or one incident of

11  alleged criminal activity, except as provided in this section.

12  The court may, at its sole discretion, order the sealing of a

13  criminal history record pertaining to more than one arrest if

14  the additional arrests directly relate to the original arrest.

15  If the court intends to order the sealing of records

16  pertaining to such additional arrests, such intent must be

17  specified in the order. A criminal justice agency may not seal

18  any record pertaining to such additional arrests if the order

19  to seal does not articulate the intention of the court to seal

20  records pertaining to more than one arrest. This section does

21  not prevent the court from ordering the sealing of only a

22  portion of a criminal history record pertaining to one arrest

23  or one incident of alleged criminal activity. Notwithstanding

24  any law to the contrary, a criminal justice agency may comply

25  with laws, court orders, and official requests of other

26  jurisdictions relating to sealing, correction, or confidential

27  handling of criminal history records or information derived

28  therefrom. This section does not confer any right to the

29  sealing of any criminal history record, and any request for

30  sealing a criminal history record may be denied at the sole

31  discretion of the court.

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    20-1164A-03                                             See HB




 1         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

 2  criminal history record of a minor or an adult which is

 3  ordered sealed by a court of competent jurisdiction pursuant

 4  to this section is confidential and exempt from the provisions

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

 6  and is available only to the person who is the subject of the

 7  record, to the subject's attorney, to criminal justice

 8  agencies for their respective criminal justice purposes, or to

 9  those entities set forth in subparagraphs (a)1., 4., 5., and

10  6. for their respective licensing and employment purposes.

11         (a)  The subject of a criminal history record sealed

12  under this section or under other provisions of law, including

13  former s. 893.14, former s. 901.33, and former s. 943.058, may

14  lawfully deny or fail to acknowledge the arrests covered by

15  the sealed record, except when the subject of the record:

16         1.  Is a candidate for employment with a criminal

17  justice agency;

18         2.  Is a defendant in a criminal prosecution;

19         3.  Concurrently or subsequently petitions for relief

20  under this section or s. 943.0585;

21         4.  Is a candidate for admission to The Florida Bar;

22         5.  Is seeking to be employed or licensed by or to

23  contract with the Department of Children and Family Services

24  or the Department of Juvenile Justice or to be employed or

25  used by such contractor or licensee in a sensitive position

26  having direct contact with children, the developmentally

27  disabled, the aged, or the elderly as provided in s.

28  109.1127(3) 110.1127(3), s. 393.063(15), s. 394.4572(1), s.

29  397.451, s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s.

30  415.102(4), s. 415.103, s. 985.407, or chapter 400; or

31  

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    20-1164A-03                                             See HB




 1         6.  Is seeking to be employed or licensed by the Office

 2  of Teacher Education, Certification, Staff Development, and

 3  Professional Practices of the Department of Education, any

 4  district school board, or any local governmental entity which

 5  licenses child care facilities.

 6         Section 124.  Subsection (4) of section 943.22, Florida

 7  Statutes, is amended to read:

 8         943.22  Salary incentive program for full-time

 9  officers.--

10         (4)  No individual filling a position in the Senior

11  Management Service as defined in s. 110.402 is eligible to

12  participate in the salary incentive program authorized by this

13  section.

14         Section 125.  Paragraph (d) of subsection (4) of

15  section 943.61, Florida Statutes, is amended to read:

16         943.61  Powers and duties of the Capitol Police.--

17         (4)  The Capitol Police shall have the following powers

18  and duties:

19         (d)  To employ officers who hold certification as law

20  enforcement officers in accordance with the minimum standards

21  and qualifications as set forth in s. 943.13 and the

22  provisions of chapter 109 110, and who have the authority to

23  bear arms, make arrests, except as may be limited in the

24  security plans established under paragraph (a), and apply for

25  arrest warrants.

26         Section 126.  Paragraph (c) of subsection (3) of

27  section 944.35, Florida Statutes, is amended to read:

28         944.35  Authorized use of force; malicious battery and

29  sexual misconduct prohibited; reporting required; penalties.--

30         (3)

31  

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    20-1164A-03                                             See HB




 1         (c)  Notwithstanding prosecution, any violation of the

 2  provisions of this subsection, as determined by the Public

 3  Employees Relations Commission, shall constitute sufficient

 4  cause under s. 109.227 110.227 for dismissal from employment

 5  with the department, and such person shall not again be

 6  employed in any capacity in connection with the correctional

 7  system.

 8         Section 127.  Subsection (2) of section 945.043,

 9  Florida Statutes, is amended to read:

10         945.043  Department-operated day care services.--

11         (2)  The department is exempt from the requirements of

12  s. 109.151 110.151.

13         Section 128.  Subsection (1) of section 946.525,

14  Florida Statutes, is amended to read:

15         946.525  Participation by the corporation in the state

16  group health insurance and prescription drug programs.--

17         (1)  The board of directors of the corporation

18  established under this part may apply for participation in the

19  state group health insurance program authorized in s. 109.123

20  110.123 and the prescription drug coverage program authorized

21  by s. 109.12315 110.12315 by submitting an application along

22  with a $500 nonrefundable fee to the Department of Management

23  Services.

24         Section 129.  Subsection (6) of section 957.03, Florida

25  Statutes, is amended to read:

26         957.03  Correctional Privatization Commission.--

27         (6)  SUPPORT BY DEPARTMENT OF MANAGEMENT SERVICES.--The

28  commission shall be a separate budget entity, and the

29  executive director shall be its chief administrative officer.

30  The Department of Management Services shall provide

31  administrative support and service to the commission to the

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    20-1164A-03                                             See HB




 1  extent requested by the executive director. The commission and

 2  its staff are not subject to control, supervision, or

 3  direction by the Department of Management Services in any

 4  manner, including, but not limited to, personnel, purchasing,

 5  and budgetary matters, except to the extent as provided in

 6  chapters 109 110, 216, 255, 282, and 287 for agencies of the

 7  executive branch. The executive director may designate a

 8  maximum of two policymaking or managerial positions as being

 9  exempt from the Career Service System. These two positions may

10  be provided for as members of the Senior Management Service.

11         Section 130.  Subsection (4) of section 627.6617,

12  Florida Statutes, is amended to read:

13         627.6617  Coverage for home health care services.--

14         (4)  The provisions of this section shall not apply to

15  a multiple-employer welfare arrangement as defined in s.

16  624.437(1) and in the State Health Plan as provided in s.

17  109.123 110.123.

18         Section 131.  Paragraph (e) of subsection (4) of

19  section 985.05, Florida Statutes, is amended to read:

20         985.05  Court records.--

21         (4)  A court record of proceedings under this part is

22  not admissible in evidence in any other civil or criminal

23  proceeding, except that:

24         (e)  Records of proceedings under this part may be used

25  to prove disqualification pursuant to ss. 109.1127 110.1127,

26  393.0655, 394.457, 397.451, 402.305, 402.313, 409.175,

27  409.176, and 985.407.

28         Section 132.  Paragraph (b) of subsection (1) of

29  section 985.4045, Florida Statutes, is amended to read:

30         985.4045  Sexual misconduct prohibited; reporting

31  required; penalties.--

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    20-1164A-03                                             See HB




 1         (1)

 2         (b)  Notwithstanding prosecution, any violation of this

 3  subsection, as determined by the Public Employees Relations

 4  Commission, constitutes sufficient cause under s. 109.227

 5  110.227 for dismissal from employment with the department, and

 6  such person may not again be employed in any capacity in

 7  connection with the juvenile justice system.

 8         Section 133.  Paragraph (i) is added to subsection (2)

 9  of section 20.22, Florida Statutes, to read:

10         20.22  Department of Management Services.--There is

11  created a Department of Management Services.

12         (2)  The following divisions and programs within the

13  Department of Management Services are established:

14         (i)  Division of Human Resource Management.

15         Section 134.  The Department of Management Services

16  shall coordinate the development and implementation of a

17  transition plan, including any necessary statutory amendments

18  or proposed rules, that supports the implementation of this

19  act. The Department of Labor and Employment Security, the

20  Public Employees Relations Commission, and all other state

21  agencies identified by the Department of Management Services

22  shall cooperate fully in developing and implementing the plan

23  and shall dedicate the financial and staff resources that are

24  necessary for such implementation.

25         Section 135.  (1)  Until June 30, 2004, the Public

26  Employees Relations Commission shall continue to exercise its

27  powers, duties, and functions pursuant to the authority

28  granted it under the Florida Statutes 2000.

29         (2)  On and after July 1, 2004, the Public Employees

30  Relations Commission shall continue to exercise its powers,

31  duties, and functions pursuant to this act's amendment which

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1  takes effect July 1, 2004, and for those cases properly and

 2  timely filed with the commission after July 1, 2004, regarding

 3  an alleged adverse action, the commission shall continue to

 4  exercise its authority under the Florida Statutes 2000.

 5         (3)  After June 30, 2004, the Public Employees

 6  Relations Commission shall be responsible for maintaining

 7  labor relations issues and all career service appeal processes

 8  shall be the responsibility of the Division of Human Resource

 9  Management of the Department of Management Services.

10         Section 136.  Effective July 1, 2003, there is

11  appropriated for the 2003-2004 fiscal year $400,000 from the

12  General Revenue Fund to the Division of Human Resource

13  Management of the Department of Management Services to

14  implement the provisions of this act.

15         Section 137.  After July 1, 2003, the Executive Office

16  of the Governor shall process a budget amendment, or budget

17  amendments, subject to legislative notice and review under

18  section 216.177, Florida Statutes, to transfer records,

19  property, and unexpended balances of appropriations,

20  allocations, or other funds of the Public Employees Relations

21  Commission within the Department of Labor and Employment

22  Security to the Division of Human Resource Management of the

23  Department of Management Services. Such budget authority,

24  resources, and personnel at the Public Employees Relations

25  Commission to finalize existing cases under review and phase

26  out the operation of the commission. All existing cases and

27  phase-out activities at the Public Employees Relations

28  Commission shall be concluded by June 30, 2003.

29         Section 138.  On or before October 1, 2003, the

30  Department of Management Services shall adopt, amend, or

31  repeal rules as necessary to effectuate the provisions of

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    Florida Senate - 2003                                  SB 2720
    20-1164A-03                                             See HB




 1  chapter 109, Florida Statutes, as created by this act and in

 2  accordance with authority granted to the department in chapter

 3  109, Florida Statutes.

 4         Section 139.  Except as otherwise provided herein, this

 5  act shall take effect upon becoming a law.

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