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Senator Saunders moved the following amendment:

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     Senate Amendment (with directory and title amendments)

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     Delete line(s) 437-554

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and insert:

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          Section 2.  Subsection (3) of section 110.171, Florida

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Statutes, is amended to read:

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     110.171  State employee telecommuting program.--

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     (3) By September 30, 2009 October 1, 1994, each state

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agency shall identify and maintain a current listing of the job

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classifications and positions that the agency considers

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appropriate for telecommuting. Agencies that adopt a state

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employee telecommuting program must:

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     (a)  Give equal consideration to career service and exempt

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positions in their selection of employees to participate in the

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telecommuting program.

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     (b)  Provide that an employee's participation in a

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telecommuting program will not adversely affect eligibility for

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advancement or any other employment rights or benefits.

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     (c)  Provide that participation by an employee in a

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telecommuting program is voluntary, and that the employee may

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elect to cease to participate in a telecommuting program at any

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time.

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     (d)  Adopt provisions to allow for the termination of an

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employee's participation in the program if the employee's

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continued participation would not be in the best interests of the

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agency.

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     (e)  Provide that an employee is not currently under a

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performance improvement plan in order to participate in the

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program.

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     (f)  Ensure that employees participating in the program are

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subject to the same rules regarding attendance, leave,

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performance reviews, and separation action as are other

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employees.

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     (g)  Establish the reasonable conditions that the agency

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plans to impose in order to ensure the appropriate use and

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maintenance of any equipment or items provided for use at a

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participating employee's home or other place apart from the

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employee's usual place of work, including the installation and

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maintenance of any telephone equipment and ongoing communications

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costs at the telecommuting site which is to be used for official

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use only.

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     (h)  Prohibit state maintenance of an employee's personal

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equipment used in telecommuting, including any liability for

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personal equipment and costs for personal utility expenses

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associated with telecommuting.

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     (i)  Describe the security controls that the agency

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considers appropriate.

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     (j)  Provide that employees are covered by workers'

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compensation under chapter 440, when performing official duties

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at an alternate worksite, such as the home.

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     (k)  Prohibit employees engaged in a telecommuting program

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from conducting face-to-face state business at the homesite.

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     (l)  Require a written agreement that specifies the terms

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and conditions of telecommuting, which includes verification by

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the employee that the home office provides work space that is

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free of safety and fire hazards, together with an agreement which

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holds the state harmless against any and all claims, excluding

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workers' compensation claims, resulting from an employee working

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in the home office, and which must be signed and agreed to by the

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telecommuter and the supervisor.

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     (m) Provide measureable financial benefits associated with

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reduced office space requirements, reductions in energy

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consumption and reductions in associated emissions of greenhouse

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gases resulting from telecommuting. State agencies operating in

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office space owned or managed by the department shall consult the

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facilities program to ensure its consistency with the strategic

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leasing plan required under s. 255.249(3)(b).

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     (4) The telecommuting program for each state agency, and

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pertinent supporting documents, shall be posted on the agency's

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website to allow access by employees and the public.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 6-14

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and insert:

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hearing; amending s. 110.171, F.S.; requiring each state

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agency to complete a telecommuting program by a specified

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date which includes a listing of the job classification

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and positions that the state agency considers appropriate

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for telecommuting; providing requirements for the

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telecommuting program; requiring each state agency to post

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the telecommuting program on its website; amending s.

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163.04,

4/15/2008  7:48:00 PM     EP.37.07737