Florida Senate - 2010                                    SB 2268
       
       
       
       By Senator Ring
       
       
       
       
       32-01782-10                                           20102268__
    1                        A bill to be entitled                      
    2         An act relating to state employment; providing
    3         directives to the Division of Statutory Revision;
    4         amending s. 110.105, F.S.; revising provisions
    5         relating to the employment policy of the state;
    6         transferring, renumbering, reordering, and amending s.
    7         110.107, F.S.; revising definitions relating to ch.
    8         110, F.S.; amending s. 110.1055, F.S.; revising the
    9         rulemaking authority of the Department of Management
   10         Services; creating s. 110.1056, F.S.; providing for
   11         agency audits to determine compliance with laws and
   12         rules; transferring, renumbering, and amending s.
   13         110.405, F.S.; revising provisions relating to the
   14         appointment of ad hoc advisory committees; creating s.
   15         110.1065, F.S.; providing the employment policies of
   16         the State Personnel System; authorizing the department
   17         to adopt rules; transferring, renumbering, and
   18         amending s. 110.233, F.S.; conforming provisions to
   19         changes made by the act; authorizing the department to
   20         adopt rules; amending s. 110.1099, F.S.; revising
   21         provisions relating to educational opportunities for
   22         employees; transferring, renumbering, and amending s.
   23         110.235, F.S.; revising provisions relating to
   24         training employees; authorizing the department to
   25         adopt rules; amending s. 110.112, F.S.; revising
   26         provisions relating to equal employment opportunities;
   27         amending s. 110.1127, F.S.; revising provisions
   28         relating to background screening; authorizing the
   29         department to adopt rules; amending s. 110.113, F.S.;
   30         revising provisions relating to pay periods;
   31         authorizing the department to adopt rules; creating s.
   32         110.1135, F.S.; requiring state agencies to keep
   33         accurate records of work performed and leave; amending
   34         s. 110.116, F.S.; revising provisions relating to
   35         maintaining human resource information; authorizing
   36         the department to adopt rules; amending s. 110.117,
   37         F.S.; revising provisions relating to an employee’s
   38         personal holiday; amending s. 110.1245, F.S.; revising
   39         provisions relating to bonuses and other awards;
   40         authorizing the department to adopt rules; amending s.
   41         110.125, F.S.; revising provisions relating to paying
   42         for the administrative costs for operating a personnel
   43         system; authorizing the department to adopt rules;
   44         amending s. 110.126, F.S.; revising provisions
   45         relating to the department’s authority to administer
   46         oaths; authorizing the department to adopt rules;
   47         amending s. 110.127, F.S.; revising provisions
   48         relating to penalties; authorizing the department to
   49         adopt rules; amending s. 110.1315, F.S.; authorizing
   50         the department to adopt rules relating to other
   51         personal-services employee benefits; amending s.
   52         110.171, F.S.; revising provisions relating to
   53         telecommuting; providing a telework program; providing
   54         requirements; authorizing the department to adopt
   55         rules; transferring, renumbering, and amending s.
   56         110.2037, F.S.; revising provisions relating to
   57         alternative benefits; authorizing the department to
   58         adopt rules; creating s. 110.183, F.S.; revising
   59         provisions relating to collective bargaining; creating
   60         s. 110.184, F.S.; revising provisions relating to the
   61         department’s annual workforce report; providing a
   62         directive to the Division of Statutory Revision;
   63         creating s. 110.202, F.S.; providing a declaration of
   64         policy with respect to the establishment of the Civil
   65         Service; amending s. 110.205, F.S.; revising
   66         provisions relating to the list of positions that are
   67         exempted from the Civil Service; authorizing the
   68         department to adopt rules; creating s. 110.208, F.S.;
   69         providing for a uniform classification system for
   70         civil service positions; creating s. 110.2085, F.S.;
   71         providing a pay plan for civil service positions;
   72         authorizing the department to adopt rules; amending s.
   73         110.211, F.S.; revising provisions relating to
   74         recruitment; authorizing the department to adopt
   75         rules; amending s. 110.213, F.S.; revising provisions
   76         relating to selecting a candidate for employment;
   77         authorizing the department to adopt rules; amending s.
   78         110.2135, F.S.; revising provisions relating to
   79         veterans’ preference; authorizing the department to
   80         adopt rules; amending s. 110.215, F.S.; revising
   81         provisions relating to employing persons with
   82         disabilities; authorizing the department to adopt
   83         rules; amending s. 110.217, F.S.; revising provisions
   84         relating to a change in an employee’s position status;
   85         amending s. 110.219, F.S.; revising provisions
   86         relating to attendance and leave policies; amending s.
   87         110.224, F.S.; revising provisions relating to
   88         employee evaluation; amending s. 110.227, F.S.;
   89         revising provisions relating to employee grievances;
   90         providing a directive; transferring, renumbering, and
   91         amending s. 110.601, F.S.; revising provisions
   92         relating to selected exempt service policy;
   93         transferring, renumbering, and amending s. 110.602,
   94         F.S.; revising provisions relating to the creation of
   95         the Select Exempt Service; transferring, renumbering,
   96         and amending s. 110.605, F.S.; revising provisions
   97         relating to the powers and duties of the department;
   98         creating s. 110.3023, F.S.; providing for the
   99         recruitment of selected exempt service staff;
  100         providing a directive to the Division of Statutory
  101         Revision; amending s. 110.401, F.S.; revising
  102         provisions relating to policies for senior management
  103         employees; amending s. 110.402, F.S.; revising
  104         provisions relating to the establishment of the Senior
  105         Management Service; amending s. 110.403, F.S.;
  106         revising provisions relating to the duties of the
  107         department with respect to the Senior Management
  108         Services; creating s. 110.4035, F.S.; providing
  109         recruitment requirements for senior management service
  110         employees; providing a directive to the Division of
  111         Statutory Revision; creating s. 112.906, F.S.;
  112         providing definitions for part IX of chapter 110,
  113         F.S., relating to state employment; transferring,
  114         renumbering, and amending s. 110.131, F.S.; revising a
  115         provision relating to other-personal-service
  116         employment; transferring and renumbering s. 110.1128,
  117         F.S., relating to selective service registration;
  118         transferring, renumbering, and amending s. 110.1221,
  119         F.S.; revising provisions relating to the state sexual
  120         harassment policy; transferring, renumbering, and
  121         amending s. 110.122, F.S.; revising provisions
  122         relating to payment for sick leave; transferring,
  123         renumbering, and amending s. 110.121, F.S.; revising
  124         provisions relating to the sick leave pool;
  125         transferring, renumbering, and amending s. 110.119,
  126         F.S.; revising provisions relating to administrative
  127         leave for a service-connected disability;
  128         transferring, renumbering, and amending ss. 110.120
  129         and 110.1091, F.S.; conforming provisions to changes
  130         made by the act; transferring, renumbering, and
  131         amending s. 110.151, F.S.; revising provisions
  132         relating to child care services provided by a state
  133         agency; transferring and renumbering s. 110.181, F.S.;
  134         transferring, renumbering, and amending s. 110.1225,
  135         F.S.; revising provisions relating to agency
  136         furloughs; transferring and renumbering s. 110.1155,
  137         F.S.; transferring, renumbering, and amending s.
  138         110.191, F.S.; revising provisions relating to state
  139         employee leasing; transferring, renumbering, and
  140         amending s. 110.1082, F.S.; transferring, renumbering,
  141         and amending s. 110.1165, F.S.; revising provisions
  142         relating to telephone use; creating s. 112.922, F.S.;
  143         providing penalties for violations relating to state
  144         employment; creating s. 112.923, F.S.; requiring state
  145         employees to participate in the direct deposit
  146         program; transferring, renumbering, and amending s.
  147         110.114, F.S.; conforming provisions to changes made
  148         by the act; providing a directive to the Division of
  149         Statutory Revision; transferring, renumbering, and
  150         amending s. 110.1227, F.S.; conforming a cross
  151         reference; transferring, renumbering, and amending s.
  152         110.1228, F.S.; conforming a cross-reference;
  153         transferring, renumbering, and amending s. 110.123,
  154         F.S.; conforming provisions to changes made by the
  155         act; transferring, renumbering, and amending s.
  156         110.12312, F.S.; conforming cross-references;
  157         transferring and renumbering s. 110.12315, F.S.;
  158         transferring, renumbering, and amending s. 110.1232,
  159         F.S.; conforming cross-references; transferring and
  160         renumbering s. 110.1234, F.S.; transferring and
  161         renumbering s. 110.1238, F.S.; transferring and
  162         renumbering s. 110.1239, F.S.; transferring,
  163         renumbering, and amending s. 110.161, F.S.; conforming
  164         a cross-reference; creating s. 112.950, F.S.;
  165         providing for penalties; providing a directive to the
  166         Division of Statutory Revision; transferring,
  167         renumbering, and amending s. 110.501, F.S.; revising
  168         definitions relating to state volunteer services;
  169         transferring, renumbering, and amending s. 110.502,
  170         F.S.; revising provisions relating to volunteer
  171         status; transferring, renumbering, and amending s.
  172         110.503, F.S.; revising provisions relating to state
  173         agency responsibilities; transferring, renumbering,
  174         and amending s. 110.504, F.S.; revising provisions
  175         relating to volunteer benefits; creating s. 112.965,
  176         F.S.; providing for penalties; repealing s. 110.115,
  177         F.S., relating to employees of historical commissions;
  178         repealing s. 110.118, F.S., relating to administrative
  179         leave for athletic competitions; repealing s. 110.124,
  180         F.S., relating to the termination or transfer of
  181         employees 65 years of age or older; repealing s.
  182         110.129, F.S., relating to technical personnel
  183         assistance to political subdivisions; repealing s.
  184         110.1521, F.S., relating to a short title; repealing
  185         s. 110.1522, F.S., relating to a model rule
  186         establishing family support personnel policies;
  187         repealing s. 110.1523, F.S., relating to the adoption
  188         of the model rule; repealing s. 110.201, F.S.,
  189         relating to personnel rules, records, and reports;
  190         repealing s. 110.2035, F.S., relating to the
  191         classification and compensation program for employment
  192         positions; repealing s. 110.21, F.S., relating to
  193         shared employment; repealing s. 110.221, F.S.,
  194         relating to parental or family medical leave;
  195         repealing s. 110.406, F.S., relating to senior
  196         management services data collections; repealing s.
  197         110.603, F.S., relating to a classification plan and
  198         pay bands for selected exempt positions; repealing s.
  199         110.604, F.S., relating to certain personnel actions
  200         for selected exempt service employees; repealing s.
  201         110.606, F.S., relating to selected exempt service
  202         data collection; amending ss. 11.13, 20.055, 20.21,
  203         20.23, 20.255, 24.105, 24.122, 30.071, 43.16, 104.31,
  204         106.24, 112.044, 112.0805, 112.313, 112.3145, 112.363,
  205         121.021, 121.051, 121.055, 121.35, 145.19, 216.011,
  206         216.181, 287.175, 295.07, 295.09, 296.04, 296.34,
  207         381.00315, 381.85, 394.47865, 402.3057, 402.55,
  208         402.7305, 402.731, 409.1757, 409.9205, 414.37,
  209         427.012, 447.203, 447.207, 447.209, s. 447.401,
  210         456.048, 570.07, 601.10, 624.307, 624.437, 627.6488,
  211         627.649, 627.6498, 627.6617, 627.6686, 943.0585,
  212         943.059, 945.043, 946.525, 1001.705, 1001.706,
  213         1001.74, 1002.36, 1012.62, 1012.79, and 1012.88, F.S.;
  214         conforming provisions to changes made by the act;
  215         providing an effective date.
  216  
  217  Be It Enacted by the Legislature of the State of Florida:
  218  
  219         Section 1. The Division of Statutory Revision is requested
  220  to rename chapter 110, Florida statutes, as “State Personnel
  221  System.”
  222         Section 2. The Division of Statutory Revision is requested
  223  to rename part I of chapter 110, Florida statutes, as “General
  224  Provisions.”
  225         Section 3. Section 110.105, Florida Statutes, is amended to
  226  read:
  227         110.105 Employment policy of the state.—
  228         (1) It is The purpose of this chapter is to establish the
  229  State Personnel a System of personnel management. The This
  230  system shall provide a means for maintaining to recruit, select,
  231  train, develop, and maintain an effective and responsible
  232  workforce and includes shall include policies, and procedures,
  233  and guidelines for employee hiring and advancement, training and
  234  career development, position classification, salary
  235  administration, benefits, attendance and leave, discipline,
  236  dismissal discharge, employee performance evaluations,
  237  affirmative action, and other related activities.
  238         (2)All appointments, terminations, assignments and
  239  maintenance of status, compensation, privileges, and other terms
  240  and conditions of employment in state government shall be made
  241  without regard to age, sex, race, religion, national origin,
  242  political affiliation, marital status, or handicap, except when
  243  a specific sex, age, or physical requirement constitutes a bona
  244  fide occupational qualification necessary to proper and
  245  efficient administration.
  246         (3)Except as expressly provided by law, there shall be no
  247  Florida residence requirement for any person as a condition
  248  precedent to employment by the state; however, preference may be
  249  given to Florida residents in hiring.
  250         (2)(4) This chapter contains the requirements and guides
  251  for establishing and maintaining a system of personnel
  252  administration on a merit basis. The system of personnel
  253  administration shall be implemented so as to ensure that the
  254  permit state agencies in the State Personnel System are to be
  255  eligible for to receive federal funds.
  256         (5)Nothing in this chapter shall be construed either to
  257  infringe upon or to supersede the rights guaranteed public
  258  employees under chapter 447.
  259         Section 4. Section 110.107, Florida Statutes, is
  260  transferred, renumbered as section 110.1054, Florida Statutes,
  261  reordered, and amended to read:
  262         110.1054 110.107 Definitions.—As used in this chapter, the
  263  term:
  264         (5)(1) “Department” means the Department of Management
  265  Services.
  266         (30)(2) “Secretary” means the Secretary of Management
  267  Services.
  268         (3)“Furlough” means a temporary reduction in the regular
  269  hours of employment in a pay period, or temporary leave without
  270  pay for one or more pay periods, with a commensurate reduction
  271  in pay, necessitated by a projected deficit in any fund that
  272  supports salary and benefit appropriations. The deficit must be
  273  projected by the Revenue Estimating Conference pursuant to s.
  274  216.136(3).
  275         (31)(4) “State agency” or “agency” means any of the
  276  following entities and organizational units of such entities as
  277  specified by law: official, officer, commission, board,
  278  authority, council, committee, or department of the executive
  279  branch or the judicial branch of state government as defined in
  280  chapter 216.
  281         (a) Agency for Enterprise Information Technology.
  282         (b) Agency for Health Care Administration.
  283         (c) Agency for Persons with Disabilities.
  284         (d) Agency for Workforce Innovation.
  285         (e) Department of Agriculture and Consumer Services.
  286         (f) Department of Business and Professional Regulation.
  287         (g) Department of Children and Family Services.
  288         (h) Department of Citrus.
  289         (i) Department of Community Affairs.
  290         (j) Department of Corrections.
  291         (k) Department of Education.
  292         (l) Department of Elderly Affairs.
  293         (m) Department of Environmental Protection.
  294         (n) Department of Financial Services.
  295         (o) Department of Health.
  296         (p) Department of Highway Safety and Motor Vehicles.
  297         (q) Department of Juvenile Justice.
  298         (r) Department of Law Enforcement.
  299         (s) Department of Legal Affairs.
  300         (t) Department of Management Services.
  301         (u) Department of Military Affairs, except for “military”
  302  personnel positions as defined in s. 250.05(2).
  303         (v) Department of Revenue.
  304         (w) Department of State.
  305         (x) Department of Transportation.
  306         (y) Department of Veterans’ Affairs.
  307         (z) Executive Office of the Governor.
  308         (aa) Fish and Wildlife Conservation Commission.
  309         (bb) Florida Public Service Commission.
  310         (cc) Florida School for the Deaf and the Blind, except for
  311  the “academic” and “academic administrative” personnel covered
  312  by s. 1002.36(4)(f)1.
  313         (dd) Parole Commission.
  314         (32) “State employee” or “employee” means an employee of a
  315  state agency.
  316         (33) “State Personnel System” means the system of personnel
  317  administration for authorized civil service, selected exempt
  318  service, and senior management service positions and other
  319  personal-services employment within a state agency.
  320         (22)(5) “Position” means the work, consisting of duties and
  321  responsibilities, assigned to be performed by an officer or
  322  employee.
  323         (23) “Position description” means the document that
  324  accurately describes the assigned duties, responsibilities, and
  325  other pertinent information, including licensure or
  326  certification or registration requirements, of a position and
  327  that serves as the official record of the work and other
  328  requirements of the position.
  329         (10)(6) “Full-time position” means a position authorized
  330  for the entire normally established work period, daily, weekly,
  331  monthly, or annually.
  332         (19)(7) “Part-time position” means a position authorized
  333  for less than the entire normally established work period,
  334  whether daily, weekly, monthly, or annually.
  335         (16)(8) “Occupation” means all positions that which are
  336  sufficiently similar in knowledge, skills, and abilities, and
  337  sufficiently similar as to kind or subject matter of work.
  338         (17)(9) “Occupational group” means a group of occupations
  339  which are sufficiently similar in the kind of work performed to
  340  warrant the use of the same performance factors in determining
  341  the level of complexity for all occupations in that occupational
  342  group.
  343         (18) “Other personal services” means temporary employment
  344  as provided in s. 112.907.
  345         (3)(10) “Classification system plan” means a formal
  346  description of the concepts, rules, job family definitions,
  347  occupational group characteristics, and occupational profiles,
  348  and broadband levels used to classify in the classification of
  349  positions.
  350         (20)(11) “Pay plan” means a formal description of the
  351  philosophy, methods, procedures, and salary schedules for
  352  competitively compensating employees at market-based rates for
  353  work performed.
  354         (29)(12) “Salary schedule” means an official document that
  355  which contains a complete list of occupation titles, broadband
  356  level codes, and pay bands, and other related information.
  357         (1)(13) “Authorized position” means a position included in
  358  an approved budget. In counting the number of authorized
  359  positions, part-time positions may be converted to full-time
  360  equivalents.
  361         (8)(14) “Established position” means an authorized position
  362  that which has been classified in accordance with a
  363  classification system and pay plan as provided by law.
  364         (24)(15) “Position number” means the identification number
  365  assigned to an established position or other-personal-services
  366  employment position.
  367         (28)(16) “Reclassification” means changing an established
  368  position in one broadband level in an occupational group to a
  369  higher or lower broadband level within in the same occupation or
  370  changing an established position to a different occupation,
  371  either of which is the result of a change in the duties and
  372  responsibilities of the position occupational group or to a
  373  broadband level in a different occupational group.
  374         (26)(17) “Promotion” means moving a civil service employee
  375  to a higher broadband level within an occupation, or moving an
  376  employee to an occupation that has a broadband level having
  377  changing the classification of an employee to a broadband level
  378  having a higher maximum salary; or the changing of the
  379  classification of an employee to a broadband level having the
  380  same or a lower maximum salary but a higher level of
  381  responsibility.
  382         (4)(18) “Demotion” means moving a civil service changing
  383  the classification of an employee to a lower broadband level
  384  within an occupation, or moving an employee to an occupation
  385  that has a broadband level having a lower maximum salary; or the
  386  changing of the classification of an employee to a broadband
  387  level having the same or a higher maximum salary but a lower
  388  level of responsibility.
  389         (36)(19) “Transfer” means moving a civil service an
  390  employee from one geographic location of the state to a
  391  different geographic location that is more than in excess of 50
  392  highway miles from the employee’s current work location. The
  393  mileage shall be calculated using an official Department of
  394  Transportation map.
  395         (27)(20) “Reassignment” means moving a civil service an
  396  employee from a position in an occupation to a position in the
  397  same occupation that has the same one broadband level but with
  398  different duties; or to a different position in a different
  399  occupation that has a the same broadband level having the same
  400  maximum salary; or to a position in the same occupation that has
  401  the same different broadband level and substantially the same
  402  duties, but is in a different agency having the same maximum
  403  salary.
  404         (6)(21) “Dismissal” means a disciplinary action taken by an
  405  agency pursuant to s. 110.227 against a civil service an
  406  employee that results resulting in the termination of his or her
  407  employment.
  408         (34)(22) “Suspension” means a disciplinary action taken by
  409  an agency pursuant to s. 110.227 against a civil service an
  410  employee which to temporarily relieves relieve the employee of
  411  his or her duties and places place him or her on leave without
  412  pay.
  413         (35) “Telework” means an alternative work arrangement that
  414  allows an employee to conduct all or some of his or her work
  415  away from the official work site during all or some portion of
  416  the employee’s established work hours on a regular basis.
  417         (14)(23) “Layoff” means termination of employment due to a
  418  shortage of funds or work, or a material change in the duties or
  419  organization of an agency, including the outsourcing or
  420  privatization of an activity or function previously performed by
  421  civil career service employees.
  422         (15) “Merit status” means the status attained by a civil
  423  service employee upon successfully completing the probationary
  424  period for his or her current position by demonstrating
  425  competency in performing the duties and responsibilities of that
  426  position.
  427         (7)(24) “Employing agency” means any agency authorized to
  428  employ personnel to carry out the responsibilities of the agency
  429  pursuant to under the provisions of chapter 20 or other law
  430  statutory authority.
  431         (25)“Shared employment” means part-time career employment
  432  whereby the duties and responsibilities of a full-time position
  433  in the career service are divided among part-time employees who
  434  are eligible for the position and who receive career service
  435  benefits and wages pro rata. In no case shall “shared
  436  employment” include the employment of persons paid from other
  437  personal-services funds.
  438         (9)(26) “Firefighter” means a firefighter certified under
  439  chapter 633.
  440         (13)(27) “Law enforcement or correctional officer” means a
  441  law enforcement officer, special agent, correctional officer,
  442  correctional probation officer, or institutional security
  443  specialist required to be certified under chapter 943.
  444         (25)(28) “Professional health care provider” means
  445  registered nurses, physician’s assistants, dentists,
  446  psychologists, nutritionists or dietitians, pharmacists,
  447  psychological specialists, physical therapists, and speech and
  448  hearing therapists.
  449         (11)(29) “Job family” means a defined grouping of one or
  450  more similar occupational groups.
  451         (12) “Lateral” means moving a civil service employee within
  452  an agency to a different position that is in the same
  453  occupation, is at the same broadband level having the same
  454  maximum salary, and has substantially the same duties and
  455  responsibilities.
  456         (21)(30) “Pay band” means the minimum salary, the maximum
  457  salary, and intermediate rates that which are payable for work
  458  in a specific broadband level.
  459         (2)(31) “Broadband level” means all positions that which
  460  are sufficiently similar in knowledge, skills, and abilities;
  461  the, and sufficiently similar as to kind or subject matter of
  462  work; the, level of difficulty or responsibilities;, and the
  463  qualification requirements of the work so as to warrant the same
  464  treatment with respect as to title, pay band, and other
  465  personnel transactions.
  466         Section 5. Section 110.1055, Florida Statutes, is amended
  467  to read:
  468         110.1055 Rules and Rulemaking authority.—
  469         (1) The department shall of Management Services shall adopt
  470  rules as necessary to carry out its statutory duties effectuate
  471  the provisions of this chapter, as amended by this act, and in
  472  accordance with the authority granted to the department in this
  473  chapter. All existing rules relating to this chapter are
  474  statutorily repealed January 1, 2002, unless otherwise
  475  readopted.
  476         (2)In consultation with the state agencies, the department
  477  shall develop uniform personnel rules, guidelines, records, and
  478  reports relating to employees in the State Personnel System. The
  479  department may adopt rules that provide alternative
  480  requirements.
  481         (3) Upon adoption, the uniform personnel rules constitute
  482  the personnel rules for each state agency.
  483         (a) Each agency must comply with the uniform rules unless:
  484         1. The Administration Commission has granted an exception
  485  to a specific rule. An agency may request an exception to the
  486  uniform personnel rules by filing a petition with the
  487  commission. The commission shall approve an exception if the
  488  exception is necessary to conform to any requirement imposed as
  489  a condition precedent to receipt of federal funds, to permit
  490  persons in this state to receive tax benefits under federal law,
  491  or if required for the most efficient operation of the agency as
  492  determined by the commission. The reasons for the exception must
  493  be published in the Florida Administrative Weekly. Agency rules
  494  that provide exceptions to the uniform rules may not be adopted
  495  unless approved by the commission.
  496         2. The agency must comply with a statutory provision that
  497  conflicts with the uniform rules. In such case, the agency shall
  498  notify the department, the Administration Commission, the
  499  Administrative Procedures Committee, and the appropriate
  500  standing committees of the Legislature and advise the standing
  501  committees if the agency recommends revision of the statute to
  502  conform it to the uniform rules. Agencies are encouraged to
  503  propose methods for conforming statutory provisions to the
  504  uniform rules.
  505         (b) An agency that adopts rules that provide an exception
  506  to the uniform rules or that comply with statutory requirements
  507  that conflict with the uniform rules must have a separate
  508  chapter published in the Florida Administrative Code. The
  509  chapter must clearly delineate the provisions of the agency’s
  510  rules which provide an exception or which are based on a
  511  conflicting statutory requirement. Each alternative chosen from
  512  those authorized by the uniform rules must be specified. Each
  513  chapter must be organized in the same manner as the uniform
  514  rules.
  515         (c)Any rule adopted by an agency which is an exception to
  516  the uniform rules or which is based upon a conflicting statutory
  517  provision may not prescribe personnel policies inconsistent with
  518  the provisions of this chapter. Such rules may not include any
  519  benefits for State Personnel System employees which exceed, or
  520  are in addition to, those authorized by this chapter, and must
  521  comply with all federal regulations necessary to allow the
  522  agency to receive federal funds.
  523         (4)The department may develop uniform forms and
  524  instructions relating to personnel transactions as the
  525  department determines necessary.
  526         (5)The agency is responsible for maintaining up-to-date
  527  personnel records and reports in accordance with applicable
  528  rules and laws.
  529         Section 6. Section 110.1056, Florida Statutes, is created
  530  to read:
  531         110.1056Agency audits.—The department may periodically
  532  audit agency records to determine compliance with this chapter
  533  and department rules.
  534         Section 7. Section 110.405, Florida Statutes, is
  535  transferred, renumbered as section 110.106, Florida Statutes,
  536  and amended to read:
  537         110.106 110.405 Advisory committees.—The secretary of
  538  Management Services may at any time appoint an ad hoc or
  539  continuing advisory committee consisting of members of the
  540  Senior Management Service or other persons knowledgeable in the
  541  field of personnel management. Advisory committees Any Such
  542  committee shall consist of not more than nine members, who shall
  543  serve at the pleasure of and meet at the call of the secretary
  544  and, at the request of the secretary, shall provide advice and
  545  consultation, to advise and consult with the secretary on such
  546  matters affecting the State Personnel System Senior Management
  547  Service as the secretary requests. Members shall serve without
  548  compensation, but are shall be entitled to receive reimbursement
  549  for travel expenses as provided in s. 112.061. The secretary may
  550  periodically hire a consultant who has with expertise in
  551  personnel administration management to advise him or her with
  552  respect to the administration of the State Personnel System
  553  Senior Management Service.
  554         Section 8. Section 110.1065, Florida Statutes, is created
  555  to read:
  556         110.1065 General employment policies and requirements.—
  557         (1) It is the policy of the State Personnel System:
  558         (a) That all appointments, terminations, assignments, and
  559  maintenance of status, compensation, privileges, and other terms
  560  and conditions of employment in the State Personnel System shall
  561  be made without regard to age, sex, race, color, religion,
  562  national origin, political affiliation, marital status,
  563  disability, or genetic information, unless a specific
  564  requirement constitutes a bona fide occupational qualification.
  565         (b) That sexual harassment is a form of discrimination and,
  566  therefore, is prohibited and shall be defined in a manner
  567  consistent with federal law.
  568         (c) To support employees in balancing their personal needs
  569  and work responsibilities. This policy is designed to enhance
  570  the employee’s ability to blend the competing demands of work
  571  and personal life and produce a more skilled, accountable, and
  572  committed workforce for the state. Provisions may include, but
  573  need not be limited to, flexible work schedules, telework, part
  574  time employment, and leaves of absence with or without pay.
  575         (d) To adopt and comply with the federal Family and Medical
  576  Leave Act, except for those provisions that do not specifically
  577  apply to state government employers. With regard to those
  578  provisions, the sovereign immunity of the state is not waived
  579  and the rules of the department relating to leave control.
  580         (2) Except as expressly provided by law, Florida residency
  581  may not be required for any person as a condition precedent to
  582  employment; however, preference in hiring may be given to state
  583  residents.
  584         (3) State agencies that use other-personal-services
  585  employment must comply with s. 112.907.
  586         (4) Employees of the State Personnel System may be
  587  furloughed pursuant to s. 112. 917.
  588         (5) This chapter may not be construed to infringe upon or
  589  supersede the rights guaranteed public employees under chapter
  590  447.
  591         (6) The department may adopt rules necessary to administer
  592  this section.
  593         (7) The provisions of parts IX and XI of chapter 112 are
  594  applicable to the State Personnel System. The department may
  595  adopt rules necessary to administer those sections.
  596         Section 9. Section 110.233, Florida Statutes, is
  597  transferred, renumbered as section 110.1075, Florida Statutes,
  598  and amended to read:
  599         110.1075 110.233 Political activities and unlawful acts
  600  prohibited.—
  601         (1) No person shall be appointed to, demoted, or dismissed
  602  from any position in the Civil career Service, or in any way
  603  favored or discriminated against with respect to employment in
  604  the Civil career Service, because of race, color, national
  605  origin, sex, handicap, religious creed, or political opinion or
  606  affiliation.
  607         (2) No person may shall use or promise to use, directly or
  608  indirectly, any official authority or influence, whether
  609  possessed or anticipated, to secure or attempt to secure for any
  610  person an appointment or advantage in appointment to a position
  611  in the Civil career Service, or an increase in pay or other
  612  advantage in employment in any such position, for the purpose of
  613  influencing the vote or political action of any person or for
  614  any consideration.; However, letters of inquiry,
  615  recommendations, and references by public employees or public
  616  officials are shall not be considered political pressure unless
  617  they contain any such letter contains a threat, intimidation, or
  618  irrelevant, derogatory, or false information. For the purposes
  619  of this section, the term “political pressure,” in addition to
  620  any appropriate meaning that which may be ascribed thereto by
  621  lawful authority, includes the use of official authority or
  622  influence in any manner prohibited by this chapter.
  623         (3) No person may shall, directly or indirectly, give,
  624  render, pay, offer, solicit, or accept any money, service, or
  625  other valuable consideration for or on account of any
  626  appointment, proposed appointment, promotion or proposed
  627  promotion to, or any advantage in, a position in the Civil
  628  career Service. The provisions of This subsection does do not
  629  apply to a private employment agency if licensed pursuant to the
  630  provisions of chapter 449 when the services of the such private
  631  employment agency are requested by a state agency, board,
  632  department, or commission and neither the state nor any
  633  political subdivision pays the private employment agency for
  634  such services.
  635         (4) As an individual, each employee retains all rights and
  636  obligations of citizenship provided in the Constitution and laws
  637  of the state and the Constitution and laws of the United States.
  638  However, an no employee in the Civil career Service may not
  639  shall:
  640         (a) Hold, or be a candidate for, public office while in the
  641  employment of the state or take an any active part in a
  642  political campaign while on duty or within any period of time
  643  during which the employee is expected to perform services for
  644  which he or she receives compensation from the state. However,
  645  if when authorized by his or her agency head and approved by the
  646  department as not involving an no interest that which conflicts
  647  or activity that which interferes with his or her state
  648  employment, an employee in the Civil career Service may be a
  649  candidate for or hold local public office. The department shall
  650  prepare and make available to all affected personnel who make
  651  such request a definite set of rules and procedures consistent
  652  with this paragraph the provisions herein.
  653         (b) Use the authority of his or her position to secure
  654  support for, or oppose, any candidate, party, or issue in a
  655  partisan election or affect the results thereof.
  656         (5) No State Personnel System employee or official may
  657  shall use any promise of reward or threat of loss to encourage
  658  or coerce any employee to support or contribute to any political
  659  issue, candidate, or party.
  660         (6) The department shall adopt by rule procedures for State
  661  Personnel Career Service System employees which that require
  662  disclosure to the agency head of any application for or offer of
  663  employment, gift, contractual relationship, or financial
  664  interest with any individual, partnership, association,
  665  corporation, utility, or other organization, whether public or
  666  private, doing business with or subject to regulation by the
  667  agency.
  668         (7) The department may adopt rules to administer this
  669  section.
  670         Section 10. Section 110.1099, Florida Statutes, is amended
  671  to read:
  672         110.1099 Elective education, professional development, and
  673  training opportunities for civil service, selected exempt, and
  674  senior management service state employees.—
  675         (1)(a)The education and professional development of
  676  employees training are an integral components component in
  677  improving the delivery of services to the public. Recognizing
  678  that the application of productivity-enhancing technology and
  679  practice demands continuous educational and development training
  680  opportunities, an a state employee may be authorized to receive
  681  a voucher, or grant, or tuition reimbursement for matriculation
  682  fees, to attend work-related courses at public community
  683  colleges, public career centers, or public universities, or
  684  other accredited postsecondary educational institutions. The
  685  department may implement the provisions of this section from
  686  funds appropriated to the department for this purpose. In the
  687  event insufficient funds are appropriated to the department,
  688  Each state agency may supplement these funds to support the
  689  educational and professional development training and education
  690  needs of its employees from funds appropriated to the agency.
  691         (b)For the 2001-2002 fiscal year only and notwithstanding
  692  the provisions of paragraph (a), state employees may not be
  693  authorized to receive fundable tuition waivers on a space
  694  available basis. This paragraph expires July 1, 2002.
  695         (2)The department, in conjunction with the agencies, shall
  696  request that public universities provide evening and weekend
  697  programs for state employees. When evening and weekend training
  698  and educational programs are not available, an employee may be
  699  authorized to take paid time off during his or her regular
  700  working hours for training and career development, as provided
  701  in s. 110.105(1), if such training benefits the employer as
  702  determined by that employee’s agency head.
  703         (2)(3) An employee who exhibits superior aptitude and
  704  performance may be authorized by his or her that employee’s
  705  agency head to take a paid educational leave of absence for up
  706  to 1 academic year at a time, for specific approved work-related
  707  education and professional development training. The That
  708  employee must enter into a contract to return to the agency
  709  granting the leave state employment for a period of time equal
  710  to the length of the leave of absence or refund the salary and
  711  benefits paid during the his or her educational leave of
  712  absence.
  713         (3)(4) As a precondition to approving an employee’s
  714  training request for any educational, development, or training
  715  program, an agency or the judicial branch may require the an
  716  employee to enter into an agreement that provides that, if the
  717  employee voluntarily terminates employment or is dismissed from
  718  the agency within a specified period of time, not to exceed 2
  719  years after the conclusion of the program, he or she must
  720  requires the employee to reimburse the agency or judicial branch
  721  for up to the total cost of fees and associated expenses for the
  722  program if the registration fee or similar expense for any
  723  training or training series when the total cost of the fee or
  724  similar expense exceeds $1,000 if the employee voluntarily
  725  terminates employment or is discharged for cause from the agency
  726  or judicial branch within a specified period of time not to
  727  exceed 4 years after the conclusion of the training. This
  728  subsection does not apply to any training program or course that
  729  an agency or the judicial branch requires an employee to attend.
  730  An agency or the judicial branch may pay the outstanding balance
  731  then due and owing on behalf of an a state employee under this
  732  subsection in connection with the recruitment and hiring of such
  733  state employee.
  734         (4)(5) The department may of Management Services, in
  735  consultation with the agencies and, to the extent applicable,
  736  with Florida’s public community colleges, public career centers,
  737  and public universities, shall adopt rules to administer this
  738  section.
  739         Section 11. Section 110.235, Florida Statutes, is
  740  transferred, renumbered as section 110.1115, Florida Statutes,
  741  and amended to read:
  742         110.1115 110.235 Training and professional development of
  743  employees.—
  744         (1) State agencies shall implement training and
  745  professional development programs that encompass modern
  746  management principles, and that provide the framework to develop
  747  human resources, through empowerment, training, and rewards for
  748  productivity enhancement; to continuously improve the quality of
  749  services,; and to satisfy the expectations of the public.
  750         (2) Each state employing agency shall provide the
  751  department with training information as requested for the
  752  purpose of analyzing statewide training needs annually evaluate
  753  and report to the department the training it has implemented and
  754  the progress it has made in the area of training.
  755         (3) As approved by the Legislature by law, Each state
  756  employing agency may use a portion specified percentage of its
  757  salary budget to implement training programs.
  758         (4) In order to promote the development of managerial,
  759  executive, or administrative skills among employees, each agency
  760  may establish and administer a training program that may
  761  include, but need not be limited to:
  762         (a) Improving the performance of individuals and groups of
  763  employees.
  764         (b) Relating the efforts of employees to the goals of the
  765  organization.
  766         (c) Strategic planning.
  767         (d) Team leadership.
  768         (5) The department is responsible for ensuring that
  769  appropriate state agency personnel are adequately trained in the
  770  proper administration of state personnel system policies and
  771  procedures, compliance with all applicable federal and state
  772  workforce regulations, and the promotion of efficient and
  773  equitable employment practices. The department may host
  774  workshops, conferences, and other professional development
  775  activities that focus on the training needs of agency staff who
  776  are responsible for human resource management, training and
  777  development, and benefits administration.
  778         (a) The department may coordinate with the appropriate
  779  business units of the state universities or community colleges
  780  for the purpose of sponsoring conferences and expositions that
  781  provide continuing professional development to the agencies in
  782  the areas of human resource management, payroll and benefits
  783  administration, and other topics critical to the proper
  784  administration of the state workforce.
  785         (b) For the purposes of leveraging resources and promoting
  786  best practices, the department may open such conferences to all
  787  state and local public employers having shared interests in
  788  public-sector human resource management and related topics.
  789         (6) The department may adopt rules necessary to administer
  790  this section.
  791         Section 12. Section 110.112, Florida Statutes, is amended
  792  to read:
  793         110.112 Affirmative action; Equal employment opportunity.—
  794         (1) It is shall be the policy of the State Personnel System
  795  to assist in ensuring providing the assurance of equal
  796  employment opportunity through programs of affirmative and
  797  positive action that will allow full utilization of women and
  798  minorities.
  799         (2)(a) The head of each state executive agency shall
  800  develop and implement an affirmative action plan in accordance
  801  with this section and applicable state and federal laws rules
  802  adopted by the department and approved by a majority vote of the
  803  Administration Commission before their adoption.
  804         (a)(b) Each executive agency shall establish annual goals
  805  for ensuring the full utilization of groups underrepresented in
  806  its workforce as compared to the relevant labor market, as
  807  defined by the agency. Each executive agency shall design its
  808  affirmative action plan to meet its established goals.
  809         (b)(c) An equal affirmative action-equal employment
  810  opportunity officer shall be appointed by the head of each
  811  executive agency. The affirmative action-equal employment
  812  opportunity officer’s responsibilities must include determining
  813  annual goals, monitoring agency compliance, and providing
  814  consultation to managers regarding progress, deficiencies, and
  815  appropriate corrective action.
  816         (c)(d) The department shall report information in its
  817  annual workforce report relating to the demographic composition
  818  of the workforce of the State Personnel System as compared to
  819  the relevant state labor market the implementation, continuance,
  820  updating, and results of each executive agency’s affirmative
  821  action plan for the previous fiscal year. The agencies shall
  822  provide the department with the information necessary to comply
  823  with this provision.
  824         (e)The department shall provide to all supervisory
  825  personnel of the executive agencies training in the principles
  826  of equal employment opportunity and affirmative action, the
  827  development and implementation of affirmative action plans, and
  828  the establishment of annual affirmative action goals. The
  829  department may contract for training services, and each
  830  participating agency shall reimburse the department for costs
  831  incurred through such contract. After the department approves
  832  the contents of the training program for the agencies, the
  833  department may delegate this training to the executive agencies.
  834         (3)Each state attorney and public defender shall:
  835         (a)Develop and implement an affirmative action plan.
  836         (b)Establish annual goals for ensuring full utilization of
  837  groups underrepresented in its workforce as compared to the
  838  relevant labor market in this state. The state attorneys’ and
  839  public defenders’ affirmative action plans must be designed to
  840  meet the established goals.
  841         (c)Appoint an affirmative action-equal employment
  842  opportunity officer.
  843         (d)Report annually to the Justice Administrative
  844  Commission on the implementation, continuance, updating, and
  845  results of his or her affirmative action program for the
  846  previous fiscal year.
  847         (3)(4)Each The state agency, its agencies and officers
  848  shall ensure freedom from discrimination in employment in
  849  accordance with applicable state and federal laws as provided by
  850  the Florida Civil Rights Act of 1992, by s. 112.044, and by this
  851  chapter.
  852         (4) All recruitment literature that references State
  853  Personnel System position vacancies must contain the phrase “An
  854  Equal Opportunity Employer.”
  855         (5) Any individual claiming to be aggrieved by an unlawful
  856  employment practice may file a complaint with the Florida
  857  Commission on Human Relations as provided by s. 760.11.
  858         (6) The department may adopt rules necessary to administer
  859  shall review and monitor executive agency actions in carrying
  860  out the rules adopted by the department pursuant to this
  861  section.
  862         Section 13. Section 110.1127, Florida Statutes, is amended
  863  to read:
  864         110.1127 Employee background screening and investigations
  865  security checks.—
  866         (1)Except as provided in subsection (2), each state agency
  867  shall designate employee positions that require security
  868  background screening. All persons and employees in such
  869  positions must undergo employment screening in accordance with
  870  chapter 435, using level 1 screening standards, as a condition
  871  of employment and continued employment.
  872         (2)(1) Each state employing agency shall designate those
  873  employee positions that, because of the special trust or
  874  responsibility or sensitive location, require security
  875  background investigations. All persons and employees in such
  876  positions must undergo employment screening in accordance with
  877  chapter 435, using level 2 screening standards of those
  878  positions, require that persons occupying those positions be
  879  subject to a security background check, including
  880  fingerprinting, as a condition of employment and continued
  881  employment.
  882         (2)(a) All positions within the Division of Treasury of the
  883  Department of Financial Services are deemed to be positions of
  884  special trust or responsibility. Such persons, and a person may
  885  be disqualified for employment in any such position by reason
  886  of:
  887         1. The conviction or prior conviction of a crime that which
  888  is reasonably related to the nature of the position sought or
  889  held by the individual; or
  890         2. The entering of a plea of nolo contendere or, when a
  891  jury verdict of guilty is rendered but adjudication of guilt is
  892  withheld, with respect to a crime that which is reasonably
  893  related to the nature of the position sought or held by the
  894  individual.
  895         (b)All employees of the division shall be required to
  896  undergo security background investigations, including
  897  fingerprinting, as a condition of employment and continued
  898  employment.
  899         (b)(3)(a) All positions in programs providing care to
  900  children, the developmentally disabled, or vulnerable adults for
  901  15 hours or more per week; all permanent and temporary employee
  902  positions of the central abuse hotline; and all persons working
  903  under contract who have access to abuse records are deemed to be
  904  persons and positions of special trust or responsibility, and
  905  require employment screening pursuant to chapter 435, using the
  906  level 2 standards set forth in that chapter.
  907         1.(b) The employing agency may grant exemptions from
  908  disqualification from working with children, the developmentally
  909  disabled, or vulnerable adults as provided in s. 435.07.
  910         (c)All persons and employees in such positions of trust or
  911  responsibility shall be required to undergo security background
  912  investigations as a condition of employment and continued
  913  employment. For the purposes of this subsection, security
  914  background investigations shall be conducted as provided in
  915  chapter 435, using the level 2 standards for screening set forth
  916  in that chapter.
  917         2.(d) It is a misdemeanor of the first degree, punishable
  918  as provided in s. 775.082 or s. 775.083, for any person
  919  willfully, knowingly, or intentionally to:
  920         a.1. Fail, by false statement, misrepresentation,
  921  impersonation, or other fraudulent means, to disclose in any
  922  application for voluntary or paid employment a material fact
  923  used in making a determination as to such person’s
  924  qualifications for a position of special trust;
  925         b.2. Use records information contained in records for
  926  purposes other than background screening or investigation for
  927  employment or release such records information to other persons
  928  for purposes other than preemployment screening or investigation
  929  for employment.
  930         3.(e) It is a felony of the third degree, punishable as
  931  provided in s. 775.082, s. 775.083, or s. 775.084, for any
  932  person to willfully, knowingly, or intentionally to use juvenile
  933  records information for any purposes other than those specified
  934  in this section or to release such information to other persons
  935  for purposes other than those specified in this section.
  936         (3)(4) Any person who is required to undergo such a
  937  security background screening or investigation and who refuses
  938  to cooperate in such screening or investigation or refuses to
  939  submit fingerprints shall be disqualified for employment in such
  940  position or, if employed, shall be dismissed.
  941         (4)(5)Such Background screening and investigations shall
  942  be conducted at the expense of the employing state agency. If
  943  When fingerprinting is required, the fingerprints of the
  944  employee or applicant for employment shall be taken by the
  945  employing agency or by an authorized law enforcement officer and
  946  submitted to the Department of Law Enforcement for processing
  947  and shall be forwarded if forwarding, when requested by the
  948  employing agency, to the United States Department of Justice for
  949  processing. The employing agency shall reimburse the Department
  950  of Law Enforcement for any costs incurred for by it in the
  951  processing of the fingerprints.
  952         (5) The department may adopt rules necessary to administer
  953  this section.
  954         Section 14. Section 110.113, Florida Statutes, is amended
  955  to read:
  956         110.113 Pay periods for state officers and employees;
  957  salary payments by direct deposit.—
  958         (1) The normal pay period for salaries of state officers
  959  and employees shall be 1 month. The Department of Financial
  960  Services shall issue either monthly or biweekly salary payments
  961  to State Personnel System officers and employees by state
  962  warrants or by direct deposit pursuant to s. 17.076 or make
  963  semimonthly salary payments by direct deposit pursuant to s.
  964  17.076, as requested by the head of each state agency and
  965  approved by the Executive Office of the Governor and the
  966  Department of Financial Services.
  967         (2) The department may adopt rules necessary to administer
  968  this section. As a condition of employment, a person appointed
  969  to a position in state government is required to participate in
  970  the direct deposit program pursuant to s. 17.076. An employee
  971  may request an exemption from the provisions of this subsection
  972  when such employee can demonstrate a hardship or when such
  973  employee is in an other-personal-services position.
  974         Section 15. Section 110.1135, Florida Statutes, is created
  975  to read:
  976         110.1135Attendance and leave records.—Each state agency
  977  shall keep an accurate record of all hours of work performed by
  978  each employee, as well as a complete and accurate record of all
  979  authorized leave. The ultimate responsibility for the accuracy
  980  and proper maintenance of all attendance and leave records is
  981  with the agency head.
  982         Section 16. Section 110.116, Florida Statutes, is amended
  983  to read:
  984         110.116  Human resource information Personnel information
  985  system; payroll procedures.—
  986         (1) The department of Management Services shall establish
  987  and maintain, in coordination with the payroll system of the
  988  Department of Financial Services, a complete human resource
  989  personnel information system for all authorized and established
  990  positions in the State Personnel System service, with the
  991  exception of employees of the Legislature, unless the
  992  Legislature chooses to participate. The department may contract
  993  with a vendor to provide the human resource personnel
  994  information system. The specifications shall be developed in
  995  conjunction with the payroll system of the Department of
  996  Financial Services and in coordination with the Auditor General.
  997  The Department of Financial Services shall determine that the
  998  position occupied by each employee has been authorized and
  999  established in accordance with the provisions of s. 216.251. The
 1000  human resource information system must include Department of
 1001  Management Services shall develop and maintain a position
 1002  numbering system that identifies will identify each established
 1003  position, and such information shall be a part of the payroll
 1004  system of the Department of Financial Services. The With the
 1005  exception of employees of the Legislature, unless the
 1006  Legislature chooses to participate, this system must shall
 1007  include all civil career service positions and those positions
 1008  exempted from the Civil Service career service provisions,
 1009  notwithstanding the funding source of the salary payments, and
 1010  information regarding persons receiving salary payments from
 1011  other sources. Necessary revisions shall be made in the
 1012  personnel and payroll procedures of the state to avoid
 1013  duplication to the extent that it insofar as is feasible to do
 1014  so. The information in the system must A list shall be organized
 1015  by budget entity to show the employees or vacant positions
 1016  within each budget entity. The information This list shall be
 1017  made available to the Speaker of the House of Representatives
 1018  and the President of the Senate upon request.
 1019         (2) The department may adopt rules necessary to administer
 1020  this section.
 1021         Section 17. Section 110.117, Florida Statutes, is amended
 1022  to read:
 1023         110.117 Paid holidays and personal day.—
 1024         (1) The following holidays are shall be paid holidays
 1025  observed by all state branches and agencies:
 1026         (a) New Year’s Day.
 1027         (b) Birthday of Martin Luther King, Jr., third Monday in
 1028  January.
 1029         (c) Memorial Day.
 1030         (d) Independence Day.
 1031         (e) Labor Day.
 1032         (f) Veterans’ Day, November 11.
 1033         (g) Thanksgiving Day.
 1034         (h) Friday after Thanksgiving.
 1035         (i) Christmas Day.
 1036         (j) If any of these holidays falls on Saturday, the
 1037  preceding Friday shall be observed as a holiday. If any of these
 1038  holidays falls on Sunday, the following Monday shall be observed
 1039  as a holiday.
 1040         (2) The Governor may declare, if when appropriate, a state
 1041  day of mourning in observance of the death of a person in
 1042  recognition of service rendered to the state or nation.
 1043         (3) Each full-time employee in an authorized and
 1044  established position is entitled to one personal day holiday
 1045  each year. Each part-time employee is entitled to a personal day
 1046  holiday each year, which shall be calculated based on the full
 1047  time equivalency of the position proportionately to the personal
 1048  holiday allowed to a full-time employee. The Such personal day
 1049  holiday shall be credited to eligible employees on July 1 of
 1050  each year and must to be taken by prior to June 30 of the
 1051  following year or forfeited. The personal day must be taken as a
 1052  whole day and may not be used incrementally. Members of the
 1053  teaching and research faculty of the State University System and
 1054  administrative and professional positions exempted under s.
 1055  110.205(2)(d) are not eligible for this benefit.
 1056         (4) Other-personal-services employees are not eligible for
 1057  paid holidays or a personal day.
 1058         Section 18. Section 110.1245, Florida Statutes, is amended
 1059  to read:
 1060         110.1245 Savings sharing program; Bonus payments; other
 1061  awards.—
 1062         (1)(a)The Department of Management Services shall adopt
 1063  rules that prescribe procedures and promote a savings sharing
 1064  program for an individual or group of employees who propose
 1065  procedures or ideas that are adopted and that result in
 1066  eliminating or reducing state expenditures, if such proposals
 1067  are placed in effect and may be implemented under current
 1068  statutory authority.
 1069         (b)Each agency head shall recommend employees individually
 1070  or by group to be awarded an amount of money, which amount shall
 1071  be directly related to the cost savings realized. Each proposed
 1072  award and amount of money must be approved by the Legislative
 1073  Budget Commission.
 1074         (c)Each state agency, unless otherwise provided by law,
 1075  may participate in the program. The Chief Justice shall have the
 1076  authority to establish a savings sharing program for employees
 1077  of the judicial branch within the parameters established in this
 1078  section. The program shall apply to all employees within the
 1079  Career Service, the Selected Exempt Service, and comparable
 1080  employees within the judicial branch.
 1081         (d)The department and the judicial branch shall submit
 1082  annually to the President of the Senate and the Speaker of the
 1083  House of Representatives information that outlines each agency’s
 1084  level of participation in the savings sharing program. The
 1085  information shall include, but is not limited to:
 1086         1.The number of proposals made.
 1087         2.The number of dollars and awards made to employees or
 1088  groups for adopted proposals.
 1089         3.The actual cost savings realized as a result of
 1090  implementing employee or group proposals.
 1091         (1)(2)In June of each year, Bonuses may shall be paid to
 1092  employees from funds authorized by the Legislature in an
 1093  appropriation specifically for bonuses. Bonuses shall be
 1094  distributed in accordance with the criteria and instructions
 1095  provided in the General Appropriations Act. Each agency shall
 1096  develop a plan for awarding lump-sum bonuses, which plan shall
 1097  be submitted no later than September 15 of each year and
 1098  approved by the Office of Policy and Budget in the Executive
 1099  Office of the Governor. Such plan shall include, at a minimum,
 1100  but is not limited to:
 1101         (a)A statement that bonuses are subject to specific
 1102  appropriation by the Legislature.
 1103         (b)Eligibility criteria as follows:
 1104         1.The employee must have been employed prior to July 1 of
 1105  that fiscal year and have been continuously employed through the
 1106  date of distribution.
 1107         2.The employee must not have been on leave without pay
 1108  consecutively for more than 6 months during the fiscal year.
 1109         3.The employee must have had no sustained disciplinary
 1110  action during the period beginning July 1 through the date the
 1111  bonus checks are distributed. Disciplinary actions include
 1112  written reprimands, suspensions, dismissals, and involuntary or
 1113  voluntary demotions that were associated with a disciplinary
 1114  action.
 1115         4.The employee must have demonstrated a commitment to the
 1116  agency mission by reducing the burden on those served,
 1117  continually improving the way business is conducted, producing
 1118  results in the form of increased outputs, and working to improve
 1119  processes.
 1120         5.The employee must have demonstrated initiative in work
 1121  and have exceeded normal job expectations.
 1122         6.The employee must have modeled the way for others by
 1123  displaying agency values of fairness, cooperation, respect,
 1124  commitment, honesty, excellence, and teamwork.
 1125         (c)A periodic evaluation process of the employee’s
 1126  performance.
 1127         (d)A process for peer input that is fair, respectful of
 1128  employees, and affects the outcome of the bonus distribution.
 1129         (e)A division of the agency by work unit for purposes of
 1130  peer input and bonus distribution.
 1131         (f)A limitation on bonus distributions equal to 35 percent
 1132  of the agency’s total authorized positions. This requirement may
 1133  be waived by the Office of Policy and Budget in the Executive
 1134  Office of the Governor upon a showing of exceptional
 1135  circumstances.
 1136         (2)(3) Each agency head may department head is authorized
 1137  to incur expenditures to provide cash awards to award suitable
 1138  framed certificates, pins, and other tokens of recognition to
 1139  retiring state employees whose service with the state has been
 1140  satisfactory, in appreciation of their role in the achievement
 1141  of the agency’s mission, values, or goals and recognition of
 1142  such service. Each award Such awards may not cost more than in
 1143  excess of $100 each plus applicable taxes.
 1144         (3)(4) Each agency department head may is authorized to
 1145  incur expenditures to award suitable framed certificates, pins,
 1146  and or other noncash tokens of recognition. Each token to state
 1147  employees who demonstrate satisfactory service in the agency or
 1148  to the state, in appreciation and recognition of such service.
 1149  Such awards may not cost more than in excess of $100 each plus
 1150  applicable taxes. Such tokens may be awarded to:
 1151         (a) Current employees, in appreciation and recognition of
 1152  their service to the state.
 1153         (b) Retiring employees, in appreciation and recognition of
 1154  their service to the state.
 1155         (c) An appointed member of a state board or commission, in
 1156  appreciation and recognition of his or her service to the state
 1157  upon the expiration of the member’s final term in such position.
 1158         (4) The department may adopt rules necessary to administer
 1159  this section.
 1160         (5)Each department head is authorized to incur
 1161  expenditures not to exceed $100 each plus applicable taxes for
 1162  suitable framed certificates, plaques, or other tokens of
 1163  recognition to any appointed member of a state board or
 1164  commission whose service to the state has been satisfactory, in
 1165  appreciation and recognition of such service upon the expiration
 1166  of such board or commission member’s final term in such
 1167  position.
 1168         Section 19. Section 110.125, Florida Statutes, is amended
 1169  to read:
 1170         110.125 Administrative costs.—
 1171         (1) The administrative expenses and costs of operating the
 1172  personnel program established by this chapter shall be paid by
 1173  the state various agencies of the state government, and each
 1174  such agency shall include in its budget estimates its pro rata
 1175  share of such cost as determined by the department of Management
 1176  Services.
 1177         (a) To establish an equitable division of the costs, the
 1178  amount to be paid by each agency shall be based on the number of
 1179  authorized full-time equivalents appropriated to the agency, the
 1180  average number of other-personal-services employees paid by the
 1181  agency, and the total administrative expenses and costs of
 1182  operating the personnel program established under determined in
 1183  such proportion as the service rendered to each agency bears to
 1184  the total service rendered under the provisions of this chapter.
 1185  The amounts paid to the Department of Management Services which
 1186  are attributable to positions within the Senior Management
 1187  Service and the Selected Professional Service shall be used for
 1188  the administration of such services, training activities for
 1189  positions within those services, and the development and
 1190  implementation of a database of pertinent historical information
 1191  on exempt positions.
 1192         (b) If Should any state agency is become more than 90 days
 1193  delinquent in paying payment of this obligation, the department
 1194  shall certify to the Chief Financial Officer the amount due and
 1195  the Chief Financial Officer shall transfer that the amount due
 1196  to the department from any available debtor agency funds
 1197  available.
 1198         (2) The department may adopt rules necessary to administer
 1199  this section.
 1200         Section 20. Section 110.126, Florida Statutes, is amended
 1201  to read:
 1202         110.126 Oaths, testimony, records; penalties.—
 1203         (1) The department may shall have power to administer
 1204  oaths, subpoena witnesses, and compel the production of books,
 1205  and papers, or other records, in written or electronic form,
 1206  relevant pertinent to any investigation of personnel practices
 1207  or hearing authorized by this chapter. Any person who fails
 1208  shall fail to appear in response to a subpoena or to answer any
 1209  question or produce any books or papers relevant pertinent to
 1210  any such investigation or hearing or who shall knowingly gives
 1211  give false testimony commits therein shall be guilty of a
 1212  misdemeanor of the first degree, punishable as provided in s.
 1213  775.082 or s. 775.083.
 1214         (2) The department may adopt rules necessary to administer
 1215  this section.
 1216         Section 21. Section 110.127, Florida Statutes, is amended
 1217  to read:
 1218         110.127 Penalties.—
 1219         (1) Any person who willfully violates any provision of this
 1220  chapter or of any rules adopted pursuant to this chapter commits
 1221  the authority herein granted is guilty of a misdemeanor of the
 1222  second degree, punishable as provided in s. 775.082 or s.
 1223  775.083.
 1224         (2) The provisions of s. 112.011 to the contrary
 1225  Notwithstanding s. 112.011, any person who is convicted of a
 1226  misdemeanor under this chapter is shall be, for a period of 5
 1227  years, ineligible for appointment to or employment in a position
 1228  in the State Personnel System for 5 years service and, if an
 1229  employee of the system state, shall forfeit his or her position.
 1230         (3) Imposition of the penalties provided in this section
 1231  may shall not be in lieu of any action that which may be taken
 1232  or penalties that which may be imposed pursuant to part III of
 1233  chapter 112.
 1234         (4) The department may adopt rules necessary to administer
 1235  this section.
 1236         Section 22. Section 110.1315, Florida Statutes, is amended
 1237  to read:
 1238         110.1315 Alternative benefits; other-personal-services
 1239  employees.—
 1240         (1) Upon review and recommendation of the department and
 1241  approval of the Governor, the department may contract for the
 1242  implementation of an alternative retirement income security
 1243  program for eligible temporary and seasonal employees of the
 1244  state who are compensated from appropriations for other personal
 1245  services. The contract may provide for a private vendor or
 1246  vendors to administer the program under a defined-contribution
 1247  plan under ss. 401(a) and 403(b) or s. 457 of the Internal
 1248  Revenue Code, and the program must provide retirement benefits
 1249  as required under s. 3121(b)(7)(F) of the Internal Revenue Code.
 1250  The department may develop a request for proposals and solicit
 1251  qualified vendors to compete for the award of the contract. A
 1252  vendor shall be selected on the basis of the plan that best
 1253  serves the interest of the participating employees and the
 1254  state. The proposal must comply with all necessary federal and
 1255  state laws and rules.
 1256         (2) The department may adopt rules necessary to administer
 1257  this section.
 1258         Section 23. Section 110.171, Florida Statutes, is amended
 1259  to read:
 1260         (Substantial rewording of section. See
 1261         s. 110.171, F.S., for present text.)
 1262         110.171Telework program.—
 1263         (1) State agencies shall support telework as an optional
 1264  alternative work arrangement to support employee needs and shall
 1265  implement telework arrangements where deemed appropriate. In
 1266  addition, agencies may establish telework as an integral part of
 1267  the normal business operations of the agency and require that
 1268  specific work be performed through telework arrangements.
 1269  Telework may also be used as part of an agency’s continuity of
 1270  operations plan where appropriate.
 1271         (2) Work extensions and the sporadic conduct of all or some
 1272  of the work performed away from the official work site during
 1273  all or some portion of the established work hours are not
 1274  telework. These arrangements may be used by agencies to
 1275  accommodate extenuating circumstances that allow employees to
 1276  maintain productivity outside of the official work site. Mobile
 1277  work is also not considered telework. Such activities do not
 1278  require a written telework agreement. As used in this
 1279  subsection, the term:
 1280         (a) “Mobile work” means duties and responsibilities that,
 1281  by their nature, are performed routinely in the field away from
 1282  the official work site.
 1283         (b) “Work extension” means the performance of required work
 1284  duties away from the official work site and outside of
 1285  established work hours on an occasional basis.
 1286         (3) Each agency shall review all established positions and
 1287  designate those positions that the agency deems appropriate for
 1288  telework. The agency shall ensure this information is current
 1289  and available to its employees and managers. In addition, each
 1290  agency shall identify all currently participating employees and
 1291  their respective positions in the state human resource
 1292  information system created under s. 110.116.
 1293         (4) Agencies that have a telework program shall develop an
 1294  agency plan that addresses the agency’s telework policies and
 1295  procedures. At a minimum, an agency telework plan must:
 1296         (a) Establish criteria for evaluating the ability of
 1297  employees to satisfactorily perform in a telework arrangement.
 1298         (b) Establish performance standards that ensure that
 1299  employees participating in the program maintain satisfactory
 1300  performance levels.
 1301         (c) Ensure teleworkers are subject to the same rules and
 1302  disciplinary actions as other employees.
 1303         (d) Establish the reasonable conditions that the agency
 1304  plans to impose in order to ensure appropriate use and
 1305  maintenance of any equipment issued by the agency.
 1306         (e) Establish a system for monitoring the productivity of
 1307  teleworking employees which ensures that the work output remains
 1308  at a satisfactory level and that the duties and responsibilities
 1309  of the position remain suitable for a telework arrangement.
 1310         (f) Establish the appropriate physical and electronic
 1311  information security controls to be maintained by a teleworker
 1312  at the telework site.
 1313         (g) Prohibit employees engaged in telework from conducting
 1314  face-to-face state business at their residence.
 1315         (5) Agencies that approve employees to use telework as an
 1316  optional alternative work arrangement shall:
 1317         (a) Require a written agreement between the teleworker and
 1318  the agency which specifies the terms and conditions of the
 1319  telework arrangement and provides for the termination of an
 1320  employee’s participation in the program if the employee’s
 1321  continued participation is not in the best interest of the
 1322  agency.
 1323         (b) Ensure that participation by an employee is voluntary
 1324  and that the employee may discontinue participation after
 1325  providing reasonable notice to the agency.
 1326         (6) Agencies that require certain employees to telework as
 1327  a part of normal business operations shall:
 1328         (a) Include the requirement to telework and the associated
 1329  terms and conditions as part of the position description,
 1330  specifying the minimum amount of telework time required.
 1331         (b) Provide at least 30 days’ written notice to affected
 1332  employees of intent to impose or remove a requirement to
 1333  telework.
 1334         (c) Provide at least 15 days’ written notice to affected
 1335  employees of intent to revise the terms and conditions of their
 1336  current telework arrangement.
 1337         (d) Provide equipment and supplies to an employee necessary
 1338  to carry out job functions from the telework site.
 1339         (e) Specify the telework requirement in any recruitment
 1340  activities.
 1341         (7) Agencies that have a telework program shall establish
 1342  and track performance measures that support telework program
 1343  analysis and report data annually to the department’s Facilities
 1344  Program in accordance with s. 255.249(3)(d). Such measures must
 1345  include, but need not be limited to, those that quantify:
 1346         (a) Financial impacts associated with changes in office
 1347  space requirements resulting from the telework program. State
 1348  agencies operating in office space owned or managed by the
 1349  department shall consult the Facilities Program to ensure
 1350  consistency with the strategic leasing plan required under s.
 1351  255.249(3)(b).
 1352         (b) Energy consumption changes resulting from the telework
 1353  program.
 1354         (c) Greenhouse gas emission changes resulting from the
 1355  telework program.
 1356         (8) Agencies that have a telework program shall post the
 1357  agency telework plan and any pertinent supporting documents on
 1358  the agency website to allow access by employees and the public.
 1359         (9) The department may adopt rules necessary to administer
 1360  this section.
 1361         Section 24. Section 110.2037, Florida Statutes, is
 1362  transferred, renumbered as section 110.182, Florida Statutes,
 1363  and amended to read:
 1364         110.182 110.2037 Alternative benefits; tax-sheltered annual
 1365  leave and sick leave payments and special compensation
 1366  payments.—
 1367         (1) The department may of Management Services has authority
 1368  to adopt tax-sheltered plans under s. 401(a) of the Internal
 1369  Revenue Code for state employees who are eligible for payment
 1370  for accumulated leave. The department, Upon adoption of the
 1371  plans, the department shall contract for a private vendor or
 1372  vendors to administer the plans.
 1373         (a) These plans are shall be limited to state employees who
 1374  are over age 55 and who are: eligible for accumulated leave, and
 1375  special compensation payments, and separating from employment
 1376  with 10 years of service in accordance with the Internal Revenue
 1377  Code, or who are participating in the Deferred Retirement Option
 1378  Program on or after July 1, 2001.
 1379         (b) The plans must provide benefits in a manner that
 1380  minimizes the tax liability of the state and participants.
 1381         (c) The plans must be funded by employer contributions of
 1382  payments for accumulated leave or special compensation payments,
 1383  or both, as specified by the department.
 1384         (d) The plans must have received all necessary federal and
 1385  state approval as required by law, must not adversely impact the
 1386  qualified status of the Florida Retirement System defined
 1387  benefit or defined contribution plans or the pretax benefits
 1388  program, and must comply with the provisions of s. 112.65.
 1389  Adoption of any plan is contingent on: the department receiving
 1390  appropriate favorable rulings from the Internal Revenue Service;
 1391  the department negotiating under the provisions of chapter 447,
 1392  where applicable; and the Chief Financial Officer making
 1393  appropriate changes to the state payroll system.
 1394         (e) The department’s request for proposals by vendors for
 1395  such plans may require that the vendors provide market-risk or
 1396  volatility ratings from recognized rating agencies for each of
 1397  their investment products.
 1398         (f) The department shall provide for a system of continuous
 1399  quality assurance oversight to ensure that the program
 1400  objectives are achieved and that the program is prudently
 1401  managed.
 1402         (2) Within 30 days after termination of employment, an
 1403  employee may elect to withdraw the moneys and no without penalty
 1404  may be assessed by the plan administrator. If an any employee is
 1405  adversely affected by payment of an excise tax or an any
 1406  Internal Revenue Service penalty by withdrawing electing to
 1407  withdraw funds within 30 days, the plan must shall include a
 1408  provision that provides which will provide the employee with no
 1409  less cash than if the employee had not participated in the plan.
 1410         (3) These contracts may be used by any other pay plans or
 1411  personnel systems in the executive, legislative, or judicial
 1412  branches of government upon approval of the appropriate
 1413  administrative authority.
 1414         (4) Notwithstanding the terminal pay provisions of s.
 1415  112.910 110.122, the department may contract for a tax-sheltered
 1416  plan for leave and special compensation pay for employees who
 1417  are terminating over age 55 and have with 10 years of service,
 1418  and for employees participating in the Deferred Retirement
 1419  Option Program on or after July 1, 2001, and who are over age
 1420  55. The frequency of payments into the plan shall be determined
 1421  by the department or as provided in the General Appropriations
 1422  Act. This plan must or plans shall provide the greatest tax
 1423  benefits to the employees and maximize the savings to the state.
 1424         (5) The department shall determine by rule the design of
 1425  the plans and the eligibility of participants.
 1426         (6) Nothing in This section does not shall be construed to
 1427  remove plan participants from the scope of s. 112.910(5)
 1428  110.122(5).
 1429         (7) The department may adopt rules necessary to administer
 1430  this section.
 1431         Section 25. Section 110.183, Florida Statutes, is created
 1432  to read:
 1433         110.183Collective bargaining.—The department shall
 1434  coordinate with the Governor and the agencies on personnel
 1435  matters falling within the scope of collective bargaining and
 1436  shall represent the Governor in collective bargaining
 1437  negotiations and other collective bargaining matters as
 1438  necessary. All discussions relative to collective bargaining
 1439  between the department and the Governor and between the
 1440  department and the agency heads, or discussions between any of
 1441  their respective representatives, are exempt from the s.
 1442  286.011, and all work products relative to collective bargaining
 1443  developed in conjunction with such discussions are confidential
 1444  and exempt from s. 119.07(1).
 1445         Section 26. Section 110.184, Florida Statutes, is created
 1446  to read:
 1447         110.184 Workforce report.—The department shall prepare a
 1448  workforce report on human resources in the State Personnel
 1449  System. The report shall provide data and identify trends for
 1450  planning and improving the management of the State Personnel
 1451  System. The department shall annually submit the report to the
 1452  Governor, the President of the Senate, and the Speaker of the
 1453  House of Representatives.
 1454         Section 27. The Division of Statutory Revision is requested
 1455  to rename part II of chapter 110, Florida Statutes, “Civil
 1456  Service.”
 1457         Section 28. Section 110.202, Florida Statutes, is created
 1458  to read:
 1459         110.202Declaration of policy.—This part creates the Civil
 1460  Service within the State Personnel System as required by s. 14,
 1461  Art. III of the State Constitution.
 1462         Section 29. Section 110.205, Florida Statutes, as amended
 1463  by chapter 2009-271, Laws of Florida, is amended to read:
 1464         110.205 Civil Career Service; exemptions.—
 1465         (1) CIVIL SERVICE CAREER POSITIONS.—The Civil career
 1466  Service to which this part applies includes all positions within
 1467  the State Personnel System not specifically exempted by this
 1468  section part, notwithstanding any other provisions of law the
 1469  Florida Statutes to the contrary notwithstanding.
 1470         (2) EXEMPT POSITIONS.—The exempt positions that are not
 1471  covered by this part include the following positions are
 1472  exempted from the Civil Service:
 1473         (a) Elected officers.—All officers of the executive branch
 1474  elected by popular vote and persons appointed to fill vacancies
 1475  in such offices. Unless otherwise fixed by law, the salary and
 1476  benefits for an any such officer who serves as the head of an
 1477  agency a department shall be set by the Department of Management
 1478  Services in accordance with the rules of the Senior Management
 1479  Service.
 1480         (b) Legislative branch.—All members, officers, and
 1481  employees of the legislative branch, except for the members,
 1482  officers, and employees of the Florida Public Service
 1483  Commission.
 1484         (c) Judicial branch.All members, officers, and employees
 1485  of the judicial branch.
 1486         (d) State universities.All officers and employees of the
 1487  state universities and the academic personnel and academic
 1488  administrative personnel of the Florida School for the Deaf and
 1489  the Blind. In accordance with the provisions of s. 1002.36, the
 1490  salaries for academic personnel and academic administrative
 1491  personnel of the Florida School for the Deaf and the Blind shall
 1492  be set by the board of trustees for the school, subject only to
 1493  the approval of the State Board of Education.
 1494         (e)The Chief Information Officer in the Agency for
 1495  Enterprise Information Technology. Unless otherwise fixed by
 1496  law, the Agency for Enterprise Information Technology shall set
 1497  the salary and benefits of this position in accordance with the
 1498  rules of the Senior Management Service.
 1499         (e)(f)Members of boards and commissions.All members of
 1500  state boards and commissions, however selected. Unless otherwise
 1501  fixed by law, the salary and benefits for any full-time board or
 1502  commission member shall be set by the Department of Management
 1503  Services in accordance with the rules of the Senior Management
 1504  Service.
 1505         (g)Judges, referees, and receivers.
 1506         (h)Patients or inmates in state institutions.
 1507         (f)(i)Time-limited positions.All positions that are
 1508  established for a limited period of time for the purpose of
 1509  conducting a special study, project, or investigation and any
 1510  person paid from an other-personal-services appropriation.
 1511  Unless otherwise fixed by law, the salaries for such positions
 1512  and persons shall be set in accordance with rules established by
 1513  the employing agency for other-personal-services payments
 1514  pursuant to s. 112.907 110.131.
 1515         (g)(j)Executive level positions.The appointed secretaries
 1516  and the State Surgeon General, assistant secretaries, deputy
 1517  secretaries, and deputy assistant secretaries of all agencies
 1518  departments; the executive directors, assistant executive
 1519  directors, deputy executive directors, and deputy assistant
 1520  executive directors of all agencies departments; the directors
 1521  of all divisions and those positions determined by the
 1522  Department of Management Services to have managerial
 1523  responsibilities comparable to such positions, including which
 1524  positions include, but are not limited to, program directors,
 1525  assistant program directors, district administrators, deputy
 1526  district administrators, general counsels, chief cabinet aides,
 1527  public information administrators or comparable position for a
 1528  cabinet officer, inspectors general, or legislative affairs
 1529  directors the Director of Central Operations Services of the
 1530  Department of Children and Family Services, the State
 1531  Transportation Development Administrator, State Public
 1532  Transportation and Modal Administrator, district secretaries,
 1533  district directors of transportation development, transportation
 1534  operations, transportation support, and the managers of the
 1535  Department of Transportation offices specified in s.
 1536  20.23(4)(b), the county health department directors and county
 1537  health department administrators of the Department of Health,
 1538  and the one additional position that may be designated by each
 1539  agency and that reports directly to the agency head or to a
 1540  position in the Senior Management Service and whose additional
 1541  costs are absorbed from the existing budget of that agency of
 1542  the Department of Transportation. Unless otherwise fixed by law,
 1543  the Department of Management Services shall set the salary and
 1544  benefits of these positions in accordance with the rules of the
 1545  Senior Management Service; and the county health department
 1546  directors and county health department administrators of the
 1547  Department of Health.
 1548         (k)The personal secretary to the incumbent of each
 1549  position exempted in paragraphs (a), (e), and (j). Unless
 1550  otherwise fixed by law, the department shall set the salary and
 1551  benefits of these positions in accordance with the rules of the
 1552  Selected Exempt Service.
 1553         (h)(l)Governor’s Office.All officers and employees in the
 1554  office of the Governor, including all employees at the
 1555  Governor’s mansion, and employees within each separate budget
 1556  entity, as defined in chapter 216, assigned to the Governor.
 1557  Unless otherwise fixed by law, the salary and benefits of these
 1558  positions shall be set by the Department of Management Services
 1559  as follows:
 1560         1. The chief of staff, the assistant or deputy chief of
 1561  staff, general counsel, director of legislative affairs, chief
 1562  inspector general, director of cabinet affairs, director of
 1563  press relations, director of planning and budgeting, director of
 1564  administration, director of state-federal relations, director of
 1565  appointments, director of external affairs, deputy general
 1566  counsel, Governor’s liaison for community development, chief of
 1567  staff for the Lieutenant Governor, deputy director of planning
 1568  and budgeting, policy coordinators, and the director of each
 1569  separate budget entity shall have their salaries and benefits
 1570  set by the Department of Management Services in accordance with
 1571  the rules of the Senior Management Service established.
 1572         2. The salaries and benefits of positions not established
 1573  in subparagraph 1. sub-subparagraph a. shall be set by the
 1574  employing agency. Salaries and benefits of employees whose
 1575  professional training is comparable to that of licensed
 1576  professionals under paragraph (n) (r), or whose administrative
 1577  responsibility is comparable to a bureau chief shall be set by
 1578  the rules of the Selected Exempt Service. The Department of
 1579  Management Services shall make the comparability determinations.
 1580  Other employees shall have benefits set comparable to
 1581  legislative staff, except leave shall be comparable to civil
 1582  career service as if career service employees.
 1583         (i)(m)Upper management positions.All assistant division
 1584  director, deputy division director, and bureau chief positions
 1585  in any agency department, and those positions determined by the
 1586  Department of Management Services to have managerial
 1587  responsibilities comparable to such positions. Unless otherwise
 1588  fixed by law, the salaries of benefits of these positions shall
 1589  be set by the Department of Management Services in accordance
 1590  with the rules of the Selected Exempt Service. These, which
 1591  positions include, but are not limited to:
 1592         1. Positions in the Department of Health and the Department
 1593  of Children and Family Services which that are assigned primary
 1594  duties of serving as the superintendent or assistant
 1595  superintendent of an institution.
 1596         2. Positions in the Department of Corrections which that
 1597  are assigned primary duties of serving as the warden, assistant
 1598  warden, colonel, or major of an institution or which that are
 1599  assigned primary duties of serving as the circuit administrator
 1600  or deputy circuit administrator.
 1601         3. Positions in the Department of Transportation which that
 1602  are assigned primary duties of serving as regional toll managers
 1603  and managers of offices, as defined in s. 20.23(4)(b) and
 1604  (5)(c), and captains and majors of the Office of Motor Carrier
 1605  Compliance.
 1606         4. Positions in the Department of Environmental Protection
 1607  which that are assigned the duty of an environmental
 1608  administrator or program administrator.
 1609         5. Positions in the Department of Health which that are
 1610  assigned the duties of environmental administrator, assistant
 1611  county health department director, and county health department
 1612  financial administrator.
 1613         6. Positions in the Department of Children and Family
 1614  Services which are assigned the duties of staff director,
 1615  assistant staff director, district program manager, district
 1616  program coordinator, district subdistrict administrator,
 1617  district administrative services director, district attorney,
 1618  and the deputy director of central operations services.
 1619  
 1620  Unless otherwise fixed by law, the department shall set the
 1621  salary and benefits of the positions listed in this paragraph in
 1622  accordance with the rules established for the Selected Exempt
 1623  Service.
 1624         (j)(n)Additional managerial or policymaking positions.
 1625         1.a. In addition to those positions exempted by other
 1626  paragraphs of this subsection, each agency department head may
 1627  designate a maximum of 20 policymaking or managerial positions,
 1628  as defined by the Department of Management Services and approved
 1629  by the Administration Commission, as being exempt from the Civil
 1630  Career Service System. Civil Career service employees who occupy
 1631  a position designated as a position in the Selected Exempt
 1632  Service under this paragraph may shall have the right to remain
 1633  in the Civil Career Service System by opting to serve in a
 1634  position not exempted by the employing agency. Unless otherwise
 1635  fixed by law, the Department of Management Services shall set
 1636  the salary and benefits of these positions in accordance with
 1637  the rules of the Selected Exempt Service; provided, however,
 1638  that if the agency head determines that the general counsel,
 1639  chief Cabinet aide, public information administrator or
 1640  comparable position for a Cabinet officer, inspector general, or
 1641  legislative affairs director has both policymaking and
 1642  managerial responsibilities and if the department determines
 1643  that any such position has both policymaking and managerial
 1644  responsibilities, the salary and benefits for each such position
 1645  shall be established by the department in accordance with the
 1646  rules of the Senior Management Service.
 1647         b.In addition, each department may designate one
 1648  additional position in the Senior Management Service if that
 1649  position reports directly to the agency head or to a position in
 1650  the Senior Management Service and if any additional costs are
 1651  absorbed from the existing budget of that department.
 1652         2. If otherwise exempt from the Civil Service, employees of
 1653  the Public Employees Relations Commission, the Commission on
 1654  Human Relations, and the Unemployment Appeals Commission, upon
 1655  the certification of their respective commission heads, may, if
 1656  otherwise qualified, be provided for under this paragraph as
 1657  members of the Senior Management Service, if otherwise
 1658  qualified. However, the deputy general counsel of the Public
 1659  Employees Relations Commission shall be compensated in
 1660  accordance with as members of the Selected Exempt Service.
 1661         (k) Specialized managerial positions.
 1662         1. The Department of Management Services shall set the
 1663  salary and benefits for the following positions in accordance
 1664  with the rules of the Selected Exempt Service.
 1665         a. Pursuant to s. 447.203(4), managerial employees who
 1666  perform jobs that are not of a routine, clerical, or ministerial
 1667  nature and require the exercise of independent judgment in the
 1668  performance of such jobs and to whom one or more of the
 1669  following applies: formulate or assist in formulating policies
 1670  applicable to bargaining unit employees; assist in the
 1671  preparation for the conduct of collective bargaining
 1672  negotiations; administer agreements resulting from collective
 1673  bargaining negotiations; have a significant role in personnel
 1674  administration; have a significant role in employee relations;
 1675  or have a significant role in the preparation or administration
 1676  of the final budget for any public agency or institution or
 1677  subdivision including having the authority to select and approve
 1678  among alternative expenditures when necessary.
 1679         b. Pursuant to s. 447.203(5), confidential employees who
 1680  act in a confidential capacity to assist or aid managerial
 1681  employees who are performing work and who have access to
 1682  information that would provide an employee labor organization
 1683  with an advantage at the bargaining table or in the
 1684  administration of collective bargaining agreements.
 1685         c. All supervisory employees, including supervisors,
 1686  administrators and directors, who customarily and regularly plan
 1687  and direct the work of two or more full-time employees or the
 1688  equivalent, and who communicate with, motivate, train, and
 1689  evaluate employees, and who have the authority to hire,
 1690  transfer, suspend, layoff, recall, promote, discharge, assign,
 1691  reward, or discipline subordinate employees or, effectively, to
 1692  recommend such action.
 1693         2. The exemptions provided in this paragraph are not
 1694  applicable to the following:
 1695         a. Managerial and supervisory employees who are designated
 1696  as special risk or special risk administrative support;
 1697         b. Attorneys who serve as administrative law judges
 1698  pursuant to s. 120.65 or for hearings conducted pursuant to s.
 1699  120.57(1)(a); and
 1700         c. Professional health care providers as defined in s.
 1701  110.1054, unless otherwise collectively bargained.
 1702         (l)(o)Public Service Commission.The executive director,
 1703  deputy executive director, general counsel, inspector general,
 1704  official reporters, and division directors within the Public
 1705  Service Commission and the personal secretary and personal
 1706  assistant to each member of the Public Service Commission.
 1707  Unless otherwise fixed by law, the salary and benefits of the
 1708  executive director, deputy executive directors, general counsel,
 1709  inspector general, and the directors of all divisions and those
 1710  positions determined to have managerial responsibilities
 1711  comparable to such positions Director of Administration,
 1712  Director of Appeals, Director of Auditing and Financial
 1713  Analysis, Director of Communications, Director of Consumer
 1714  Affairs, Director of Electric and Gas, Director of Information
 1715  Processing, Director of Legal Services, Director of Records and
 1716  Reporting, Director of Research, and Director of Water and Sewer
 1717  shall be set by the department in accordance with the rules of
 1718  the Senior Management Service. The salary and benefits of the
 1719  personal secretary and the personal assistant of each member of
 1720  the commission and the official reporters shall be set by the
 1721  Department of Management Services in accordance with the rules
 1722  of the Selected Exempt Service, notwithstanding any salary
 1723  limitations imposed by law for the official reporters.
 1724         (m)(p)Department of Military Affairs.
 1725         1. All military personnel of the Department of Military
 1726  Affairs. Unless otherwise fixed by law, the salary and benefits
 1727  for such military personnel shall be set by the Department of
 1728  Military Affairs in accordance with the appropriate military pay
 1729  schedule.
 1730         2. The salary and benefits of military police chiefs,
 1731  military police officers, firefighter trainers, firefighter
 1732  rescuers, and electronic security system technicians shall be
 1733  have salary and benefits the same as civil career service
 1734  employees.
 1735         (q)The staff directors, assistant staff directors,
 1736  district program managers, district program coordinators,
 1737  district subdistrict administrators, district administrative
 1738  services directors, district attorneys, and the Deputy Director
 1739  of Central Operations Services of the Department of Children and
 1740  Family Services. Unless otherwise fixed by law, the Department
 1741  shall establish the pay band and benefits for these positions in
 1742  accordance with the rules of the Selected Exempt Service.
 1743         (n)(r)Professional licensure.All positions not otherwise
 1744  exempt under this subsection which require as a prerequisite to
 1745  employment: licensure as a physician pursuant to chapter 458;,
 1746  licensure as an osteopathic physician pursuant to chapter 459;,
 1747  licensure as a chiropractic physician pursuant to chapter 460,
 1748  including those positions that which are occupied by employees
 1749  who are exempted from licensure pursuant to s. 409.352;
 1750  licensure as an engineer pursuant to chapter 471, which are
 1751  supervisory positions; or for 12 calendar months, which require
 1752  as a prerequisite to employment that the employee have received
 1753  the degree of Bachelor of Laws or Juris Doctor from a law school
 1754  accredited by the American Bar Association and thereafter
 1755  membership in The Florida Bar, except for any attorney who
 1756  serves as an administrative law judge pursuant to s. 120.65 or
 1757  for hearings conducted pursuant to s. 120.57(1)(a). Unless
 1758  otherwise fixed by law, the Department of Management Services
 1759  shall set the salary and benefits for these positions in
 1760  accordance with the rules of established for the Selected Exempt
 1761  Service.
 1762         (o)(s)Statewide Prosecutor.The statewide prosecutor in
 1763  charge of the Office of Statewide Prosecution of the Department
 1764  of Legal Affairs and all employees in the office. The Department
 1765  of Legal Affairs shall set the salary of these positions.
 1766         (p)(t)Executive directors of regulatory boards and
 1767  commissions.The executive director of each board or commission
 1768  established within the Department of Business and Professional
 1769  Regulation or the Department of Health. Unless otherwise fixed
 1770  by law, the Department of Management Services shall set
 1771  establish the salary and benefits for these positions in
 1772  accordance with the rules of established for the Selected Exempt
 1773  Service.
 1774         (q)(u)State Board of Administration.All officers and
 1775  employees of the State Board of Administration. The State Board
 1776  of Administration shall set the salary salaries and benefits of
 1777  these positions.
 1778         (v)Positions that are leased pursuant to a state employee
 1779  lease agreement expressly authorized by the Legislature pursuant
 1780  to s. 110.191.
 1781         (w)Managerial employees, as defined in s. 447.203(4),
 1782  confidential employees, as defined in s. 447.203(5), and
 1783  supervisory employees who spend the majority of their time
 1784  communicating with, motivating, training, and evaluating
 1785  employees, and planning and directing employees’ work, and who
 1786  have the authority to hire, transfer, suspend, lay off, recall,
 1787  promote, discharge, assign, reward, or discipline subordinate
 1788  employees or effectively recommend such action, including all
 1789  employees serving as supervisors, administrators, and directors.
 1790  Excluded are employees also designated as special risk or
 1791  special risk administrative support and attorneys who serve as
 1792  administrative law judges pursuant to s. 120.65 or for hearings
 1793  conducted pursuant to s. 120.57(1)(a). Additionally, registered
 1794  nurses licensed under chapter 464, dentists licensed under
 1795  chapter 466, psychologists licensed under chapter 490 or chapter
 1796  491, nutritionists or dietitians licensed under part X of
 1797  chapter 468, pharmacists licensed under chapter 465,
 1798  psychological specialists licensed under chapter 491, physical
 1799  therapists licensed under chapter 486, and speech therapists
 1800  licensed under part I of chapter 468 are excluded, unless
 1801  otherwise collectively bargained.
 1802         (r)(x)Justice Administration Commission and similar
 1803  entities.All officers and employees of the Justice
 1804  Administrative Commission, Office of the State Attorney, Office
 1805  of the Public Defender, regional offices of capital collateral
 1806  counsel, offices of criminal conflict and civil regional
 1807  counsel, and Statewide Guardian Ad Litem Office, including the
 1808  circuit guardian ad litem programs and the Florida Clerks of
 1809  Court Operations Corporation.
 1810         (s) Florida School for the Deaf and the Blind.—The academic
 1811  personnel and academic administrative personnel of the Florida
 1812  School for the Deaf and the Blind. In accordance with s.
 1813  1002.36, the salaries for academic personnel and academic
 1814  administrative personnel of the Florida School for the Deaf and
 1815  the Blind shall be set by the board of trustees for the school,
 1816  subject only to the approval of the State Board of Education.
 1817         (t) Miscellaneous positions.
 1818         1.The Chief Information Officer in the Agency for
 1819  Enterprise Information Technology. Unless otherwise fixed by
 1820  law, the agency shall set the salary and benefits of this
 1821  position in accordance with the rules of the Senior Management
 1822  Service.
 1823         2. The chief inspector of the boiler inspection program of
 1824  the Department of Financial Services. The pay band of this
 1825  position shall be set by the Department of Management Services
 1826  in accordance with the classification and pay plan established
 1827  for the Selected Exempt Service.
 1828         3.The personal assistant to the incumbent of each position
 1829  exempted in paragraph (a) or paragraph (g) or subparagraph 1.
 1830  Unless otherwise fixed by law, the Department of Management
 1831  Services shall set the salary and benefits of these positions in
 1832  accordance with the rules of the Selected Exempt Service.
 1833         4.Positions that are leased pursuant to a state employee
 1834  lease agreement expressly authorized by the Legislature pursuant
 1835  to s. 112.919.
 1836         5.Judges, referees, and receivers of the executive branch.
 1837         6.Positions held by patients or inmates in state
 1838  institutions.
 1839         (3)PARTIAL EXEMPTION OF DEPARTMENT OF LAW ENFORCEMENT.
 1840  Employees of the Department of Law Enforcement shall be subject
 1841  to the provisions of s. 110.227, except in matters relating to
 1842  transfer.
 1843         (4)DEFINITION OF DEPARTMENT.—When used in this section,
 1844  the term “department” shall mean all departments and commissions
 1845  of the executive branch, whether created by the State
 1846  Constitution or chapter 20; the office of the Governor; and the
 1847  Public Service Commission; however, the term “department” shall
 1848  mean the Department of Management Services when used in the
 1849  context of the authority to establish pay bands and benefits.
 1850         (3)(5) POSITIONS EXEMPTED BY OTHER STATUTES.—If any
 1851  position is exempted from the Civil career Service by any other
 1852  statute and the personnel system to which that position is
 1853  assigned is not specifically included in the statute, the
 1854  position shall be placed in the Selected Exempt Service, and the
 1855  Department of Management Services shall set establish the pay
 1856  band and benefits for that position in accordance with the rules
 1857  of the Selected Exempt Service.
 1858         (4) RULES.—The Department of Management Services may adopt
 1859  rules necessary to administer this section.
 1860         (6)EXEMPTION OF CHIEF INSPECTOR OF BOILER SAFETY PROGRAM,
 1861  DEPARTMENT OF FINANCIAL SERVICES.—In addition to those positions
 1862  exempted from this part, there is hereby exempted from the
 1863  Career Service System the chief inspector of the boiler
 1864  inspection program of the Department of Financial Services. The
 1865  pay band of this position shall be established by the Department
 1866  of Management Services in accordance with the classification and
 1867  pay plan established for the Selected Exempt Service.
 1868         (7)CARRYING LEAVE FORWARD.—If an employee is transferred
 1869  or otherwise moves from the Career Service System into the
 1870  Selected Exempt Service, all of the employee’s unused annual
 1871  leave, unused sick leave, and unused compensatory leave shall
 1872  carry forward with the employee.
 1873         Section 30. Section 110.208, Florida Statutes, is created
 1874  to read:
 1875         110.208 Classification system.—The department shall
 1876  establish and maintain a uniform classification system
 1877  applicable to all positions in the Civil Service and shall be
 1878  responsible for the overall coordination, review, and
 1879  maintenance of the system. A position may not be filled until it
 1880  has been classified in accordance with the system.
 1881         (1) The system must include:
 1882         (a) A position classification system using job families,
 1883  occupational groups, and a broadband level structure for each
 1884  occupation within an occupational group.
 1885         (b) A pay plan that provides broad-based pay bands for each
 1886  occupational group.
 1887         (2) In establishing and administering the system, the
 1888  department:
 1889         (a) Shall develop occupation profiles necessary for the
 1890  establishment of new occupations or for the revision of existing
 1891  occupations, and shall establish the appropriate occupation
 1892  title and broadband level code for each occupation. The
 1893  occupation profiles, titles, and codes are not rules within the
 1894  meaning of s. 120.52.
 1895         (b) Shall be responsible for conducting periodic studies
 1896  and surveys to ensure that the classification system is
 1897  maintained on a current basis.
 1898         (c) May review in a postaudit capacity the action taken by
 1899  an agency in classifying or reclassifying a position.
 1900         (d) Shall effect a classification change on any
 1901  classification or reclassification action taken by an agency if
 1902  the action taken by the agency was not based on the duties and
 1903  responsibilities officially assigned the position as they relate
 1904  to the concepts and description contained in the official
 1905  occupation profile and the level definition provided in the
 1906  occupational group characteristics adopted by the department.
 1907         (e) Shall adopt rules necessary to administer the
 1908  classification system.
 1909         (3) Each state agency is responsible for the day-to-day
 1910  application of the classification system established by the
 1911  department.
 1912         (a)  The agency shall maintain on an up-to-date position
 1913  description for each authorized and established position
 1914  assigned to the agency. The position description must include an
 1915  accurate description of assigned duties and responsibilities and
 1916  other pertinent information relating to a position and serves as
 1917  a record of the official assignment of duties to the position.
 1918  The description shall be used in comparing positions to ensure
 1919  the uniformity of classifications.
 1920         (b) The agency may classify positions authorized by the
 1921  Legislature or authorized pursuant to s. 216.262, classify
 1922  positions that are added in lieu of positions deleted pursuant
 1923  to s. 216.262, and reclassify established positions.
 1924  Classification and reclassification actions taken by an agency
 1925  must be within the classification system occupations established
 1926  by the department, shall be funded within the limits of
 1927  currently authorized appropriations, and must be in accordance
 1928  with the uniform procedures established by the department.
 1929         Section 31. Section 110.2085, Florida Statutes, is created
 1930  to read:
 1931         110.2085 Pay plan.—
 1932         (1) The department shall establish and maintain an
 1933  equitable pay plan that applies to all positions in the Civil
 1934  Service and shall be responsible for the overall review,
 1935  coordination, and administration of the pay plan.
 1936         (2)The department shall provide market-based pay bands for
 1937  occupational groups and establish guidelines for state agencies
 1938  to use when moving employees through such pay bands.
 1939         (a) The agencies may determine the appropriate salary
 1940  within the pay bands using the guidelines developed by the
 1941  department. Such pay bands, and the assignment of broadband
 1942  levels to positions, are not rules within the meaning of s.
 1943  120.52.
 1944         (b) The department, in consultation with the Executive
 1945  Office of the Governor and the legislative appropriations
 1946  committees, shall conduct compensation surveys as necessary for
 1947  the purpose of achieving an equitable, competitive, market-based
 1948  pay policy.
 1949         (3) The department shall establish rules for the
 1950  administration of pay additives and shall delegate to the state
 1951  agencies, where appropriate, the authority to implement pay
 1952  additives. The agency must use pay additives, as appropriate,
 1953  within the guidelines established by the department and
 1954  consistent with directions contained in the General
 1955  Appropriations Act.
 1956         (a) The following pay additives are authorized:
 1957         1. Shift differentials.
 1958         2. On-call.
 1959         3. Hazardous-duty.
 1960         4. Lead-worker duty.
 1961         5. Temporary special duties.
 1962         6. Trainer duties.
 1963         7. Competitive area differentials.
 1964         8. Critical market pay.
 1965         (b) By March 1 of each year, each state agency shall submit
 1966  a proposed plan to the department, the Executive Office of the
 1967  Governor, and the Legislature for implementing pay additives for
 1968  hazardous-duty, lead-worker, temporary special duties, and
 1969  trainer duties for the next fiscal year.
 1970         1. An agency may not implement pay additives to a cohort of
 1971  positions sharing job classifications or job occupations unless
 1972  the Legislature specifically authorizes such pay additives in
 1973  the General Appropriations Act and the pay additives do not
 1974  conflict with any collective bargaining agreement for that
 1975  specific cohort of positions.
 1976         2. Any proposed revision to an approved plan which becomes
 1977  necessary during the fiscal year must be submitted by the agency
 1978  to the department for review and recommendation to the Executive
 1979  Office of the Governor and the Legislature. Such revisions may
 1980  be implemented only after approval by the Executive Office of
 1981  the Governor and the Legislature.
 1982         (c) Any proposed action by an agency which requires the
 1983  establishment of a new competitive area differential or a new
 1984  critical market pay additive may be implemented only after the
 1985  department has reviewed and recommended such action and it has
 1986  been approved by the Executive Office of the Governor and the
 1987  Legislature.
 1988         (d) An agency may implement shift differentials and on-call
 1989  additives as necessary to accomplish the mission of the agency
 1990  and in accordance with collective bargaining agreements.
 1991         (e) The department shall annually provide to the Executive
 1992  Office of the Governor and the Legislature a summary report of
 1993  the pay additives implemented pursuant to this section.
 1994         (4) A state agency may implement salary increase and
 1995  decrease corrections due to administrative errors.
 1996         (5) The department may adopt rules necessary to administer
 1997  this section.
 1998         Section 32. Section 110.211, Florida Statutes, is amended
 1999  to read:
 2000         110.211 Recruitment.—
 2001         (1) Recruiting shall be planned and carried out to ensure
 2002  in a manner that assures open competition based upon current and
 2003  projected employing agency needs, taking into consideration the
 2004  number and types of positions to be filled and the labor market
 2005  conditions, with special emphasis placed on recruiting efforts
 2006  that to attract minorities, women, or other groups that are
 2007  underrepresented in the workforce of a state the employing
 2008  agency.
 2009         (2) Recruiting efforts to fill current or projected
 2010  vacancies shall be carried out in the sound discretion of the
 2011  agency head.
 2012         (3) Recruiting shall seek efficiency in advertising and may
 2013  be assisted by a contracted vendor responsible for maintenance
 2014  of the personnel data.
 2015         (4) The department may adopt rules necessary to administer
 2016  this section. All recruitment literature involving state
 2017  position vacancies shall contain the phrase “An Equal
 2018  Opportunity Employer/Affirmative Action Employer.”
 2019         Section 33. Section 110.213, Florida Statutes, is amended
 2020  to read:
 2021         110.213 Selection.—
 2022         (1) Selection for appointment from among the most qualified
 2023  candidates is shall be the sole responsibility of the state
 2024  employing agency. All new employees must successfully complete
 2025  at least a 1-year probationary period before attainment of
 2026  permanent status.
 2027         (2) Selection shall reflect efficiency and simplicity in
 2028  hiring procedures. The agency head or a his or her designee
 2029  shall be required to document the qualifications of the selected
 2030  candidate to ensure that the candidate meets the minimum
 2031  requirements as specified by the employing agency;, meets the
 2032  licensure, certification, or registration requirements, if any,
 2033  as specified by statute;, and possesses the requisite knowledge,
 2034  skills, and abilities for the position. No other documentation
 2035  or justification is shall be required before prior to selecting
 2036  a candidate for a position.
 2037         (3) The department may adopt rules necessary to administer
 2038  this section.
 2039         Section 34. Section 110.2135, Florida Statutes, is amended
 2040  to read:
 2041         110.2135 Veterans’ preference in employment, reemployment,
 2042  promotion, and retention.—
 2043         (1) Preference in employment, reemployment, promotion, and
 2044  retention shall be given to an eligible veteran pursuant to ss.
 2045  295.07, 295.08, 295.085, and 295.09 if as long as the veteran
 2046  meets the minimum eligibility requirements and has the
 2047  knowledge, skills, and abilities required for the particular
 2048  position.
 2049         (2) A disabled veteran employed as the result of being
 2050  placed at the top of the appropriate employment list under the
 2051  provisions of s. 295.08 or s. 295.085 shall be appointed for a
 2052  probationary period of 1 year. At the end of such period, if the
 2053  work of the veteran has been satisfactorily performed, the
 2054  veteran will acquire merit permanent employment status and will
 2055  be subject to the employment rules of the department of
 2056  Management Services and the agency employing the veteran
 2057  veteran’s employing agency.
 2058         (3) The department may adopt rules necessary to administer
 2059  this section.
 2060         Section 35. Section 110.215, Florida Statutes, is amended
 2061  to read:
 2062         110.215 Examinations and other employment qualification
 2063  assessments administered to persons having disabilities.—
 2064         (1) The purpose of this section is to further the policy of
 2065  the State Personnel System to encourage and assist persons
 2066  having disabilities to achieve maximum personal and vocational
 2067  independence through useful and productive gainful employment by
 2068  eliminating unwarranted barriers to their qualifying
 2069  competitively for civil state career service jobs.
 2070         (2) As used in this section, the term:
 2071         (a)“Agency” includes each department and agency of the
 2072  state.
 2073         (a)(b) “Disability” means, with respect to an individual, a
 2074  physical or mental impairment that substantially limits one or
 2075  more of the major life activities of the individual, or a record
 2076  of having such an impairment, or being regarded as having such
 2077  an impairment.
 2078         (b)(c) “Examination” includes employment tests and other
 2079  structured, systematic instruments used to assess the essential
 2080  knowledge, skills, abilities, minimum qualifications, and other
 2081  job-related requirements possessed by an applicant as a basis
 2082  for any employment decision by an agency.
 2083         (3) An applicant for employment within the Civil State
 2084  Career Service System who has a disability that impairs sensory,
 2085  speaking, or manual skills may require an agency to administer
 2086  an any examination to him or her in a format and manner that
 2087  does not require use of an impaired skill, unless the test is
 2088  designed to measure that skill. An applicant may request a
 2089  reasonable accommodation in a test format on the basis of a
 2090  disability.
 2091         (4) The department may adopt rules necessary to administer
 2092  this section.
 2093         Section 36. Section 110.217, Florida Statutes, is amended
 2094  to read:
 2095         110.217 Appointment actions and status Appointments and
 2096  promotion.—
 2097         (1)(a) The department, in consultation with agencies that
 2098  must comply with these rules, shall develop uniform rules
 2099  regarding original appointment, promotion, demotion,
 2100  reassignment, lateral transfer, separation, and status which
 2101  must be used by state employing agencies. Such rules must be
 2102  approved by the Administration Commission before their adoption
 2103  by the department.
 2104         (b)Employing agencies may seek exceptions to these uniform
 2105  rules by filing a petition with the Administration Commission.
 2106  The Administration Commission shall approve an exception when
 2107  the exception is necessary to conform to any requirement imposed
 2108  as a condition precedent to receipt of federal funds or to
 2109  permit persons in this state to receive tax benefits under
 2110  federal law, or as required for the most efficient operation of
 2111  the agency as determined by the Administration Commission. The
 2112  reasons for the exception must be published in the Florida
 2113  Administrative Weekly.
 2114         (c)Agency rules that provide exceptions to the uniform
 2115  rules may not be filed with the Department of State unless the
 2116  Administration Commission has approved the exceptions. Each
 2117  agency that adopts rules that provide exceptions to the uniform
 2118  rules or that must comply with statutory requirements that
 2119  conflict with the uniform rules must have a separate chapter
 2120  published in the Florida Administrative Code that delineates
 2121  clearly the provisions of the agency’s rules which provide
 2122  exceptions or are based upon a conflicting statutory
 2123  requirement. Each alternative chosen from those authorized by
 2124  the uniform rules must be specified. Each chapter must be
 2125  organized in the same manner as the uniform rules.
 2126         (2) An employee appointed on probationary status shall
 2127  attain merit status in the position upon successful completion
 2128  of at least a 1-year probationary period.
 2129         (2)Each employing agency shall have the responsibility for
 2130  the establishment and maintenance of rules and guidelines for
 2131  determining eligibility of applicants for appointment to
 2132  positions in the career service.
 2133         (3)Eligibility shall be based on possession of required
 2134  minimum qualifications for the job class and any required entry
 2135  level knowledge, skills, and abilities, and any certification
 2136  and licensure required for a particular position.
 2137         (4)The employing agency shall be responsible for
 2138  developing an employee career advancement program which shall
 2139  assure consideration of qualified permanent employees in the
 2140  agency or career service who apply. However, such program shall
 2141  also include provisions to bring persons into the career service
 2142  through open competition. Promotion appointments shall be
 2143  subject to postaudit by the department.
 2144         (5)The department shall adopt any rules necessary to
 2145  implement the provisions of this section. The rules must be
 2146  approved by a majority vote of the Administration Commission
 2147  prior to their adoption by the department.
 2148         Section 37. Section 110.219, Florida Statutes, is amended
 2149  to read:
 2150         110.219 Attendance and leave; general policies.—
 2151         (1) The workday for each full-time state employee shall be
 2152  8 hours or as otherwise authorized justified by the agency head.
 2153         (2) Overtime may be required for any employee.
 2154         (3) The granting of any leave of absence, with or without
 2155  pay, shall be in accordance with applicable state or federal
 2156  laws and the rules of the State Personnel System writing and
 2157  shall be approved by the agency head. Those employees who, at
 2158  the discretion of the agency, are An employee who is granted a
 2159  leave of absence remain employees of the agency with or without
 2160  pay shall be an employee of the state while on such leave and
 2161  shall be returned to the same or comparable position or a
 2162  different position in the same class and same work location upon
 2163  termination of the approved leave of absence. The agency head
 2164  and the employee may agree in writing to other conditions and
 2165  terms under which the leave is to be granted.
 2166         (4)Each agency shall keep an accurate record of all hours
 2167  of work performed by each employee, as well as a complete and
 2168  accurate record of all authorized leave which is approved. The
 2169  ultimate responsibility for the accuracy and proper maintenance
 2170  of all attendance and leave records shall be with the agency
 2171  head.
 2172         (4)(5)Rules shall be adopted by The department shall adopt
 2173  rules to administer in cooperation and consultation with the
 2174  agencies to implement the provisions of this section; however,
 2175  such rules must be approved by the Administration Commission
 2176  prior to their adoption. Such rules must provide for, but need
 2177  not be limited to:
 2178         (a) The maximum responsibility and authority resting with
 2179  each agency head to administer attendance and leave matters in
 2180  the agency within the parameters of the rules adopted by the
 2181  department.
 2182         (b) Creditable service in which 1 month of Service credit
 2183  as it relates to the accrual and payment of leave is awarded for
 2184  each calendar month that the employee is on the payroll of a
 2185  state agency or during which the employee is on authorized leave
 2186  without pay.
 2187         (c) Holidays as provided in s. 110.117.
 2188         (d) Overtime provisions.
 2189         (e) Annual leave provisions.
 2190         (f) Sick leave provisions.
 2191         (g) Parental leave provisions.
 2192         (h) Family medical leave provisions.
 2193         (i) Disability leave provisions.
 2194         (j) Compulsory disability leave provisions.
 2195         (k) Administrative leave provisions.
 2196         (l) Military leave provisions.
 2197         (m) Educational leave with pay provisions.
 2198         (n) Leave of absence without pay provisions.
 2199         (6)The leave benefits provided to Senior Management
 2200  Service employees shall not exceed those provided to employees
 2201  in the Selected Exempt Service.
 2202         (5)(7) Each December, a civil permanent career service
 2203  employee who has merit status, or who is currently on
 2204  probationary status due to a promotion that was immediately
 2205  preceded by merit status, is shall be entitled, subject to
 2206  available funds, to a payout of up to 24 hours of unused annual
 2207  leave if the as follows:
 2208         (a)A permanent career service employee has must have an
 2209  annual leave balance of at least no less than 24 hours, after
 2210  the payout, in order to qualify for this benefit.
 2211         (b)A civil service No permanent career service employee
 2212  may not shall receive a payout of greater than 240 hours over
 2213  the course of the employee’s career with the state, including
 2214  any leave received at the time of separation.
 2215         Section 38. Section 110.224, Florida Statutes, is amended
 2216  to read:
 2217         110.224 Public Employee performance evaluation system.—An A
 2218  public employee performance evaluation system shall be
 2219  established as a basis for evaluating and improving the
 2220  performance of the state’s workforce, to inform employees of
 2221  strong and weak points in the employee’s performance, to
 2222  identify training needs, and to award lump-sum bonuses and other
 2223  performance-based incentives in accordance with s. 110.1245 or
 2224  other provisions of law 110.1245(2).
 2225         (1) Upon original appointment, promotion, demotion, or
 2226  reassignment, a job description of the assigned position
 2227  assigned must be made available to the civil career service
 2228  employee. The job description may be made available in an
 2229  electronic format.
 2230         (2) Each employee shall must have a performance evaluation
 2231  conducted at least annually which involves both, and the
 2232  employee must receive an oral and written assessment of his or
 2233  her performance evaluation. The performance evaluation may
 2234  include a plan of action for improvement of the employee’s
 2235  performance based on the work expectations or performance
 2236  standards applicable to the position as determined by the agency
 2237  head.
 2238         (3) The department may adopt rules necessary to administer
 2239  this section the public employee performance evaluation system
 2240  which establish procedures for performance evaluation, review
 2241  periods, and forms.
 2242         Section 39. Section 110.227, Florida Statutes, is amended
 2243  to read:
 2244         110.227 Suspensions, dismissals, reductions in pay,
 2245  demotions, layoffs, transfers, and grievances.—
 2246         (1) An Any employee who has satisfactorily completed at
 2247  least a 1-year probationary period in his or her current
 2248  position may be suspended or dismissed only for cause. Cause
 2249  includes shall include, but is not limited to, poor performance,
 2250  negligence, inefficiency or inability to perform assigned
 2251  duties, insubordination, violation of the provisions of law or
 2252  agency rules, conduct unbecoming a public employee, misconduct,
 2253  habitual drug abuse, or conviction of any crime. The agency head
 2254  shall ensure that all employees of the agency have reasonable
 2255  access to the agency’s personnel policies and procedures manual.
 2256         (2)(a) The department shall establish rules and procedures
 2257  for the suspension, reduction in pay, transfer, layoff,
 2258  demotion, and dismissal of employees in the Civil career
 2259  Service.
 2260         (a) Except with regard to law enforcement or correctional
 2261  officers, firefighters, or professional health care providers,
 2262  rules regarding layoff procedures may shall not include any
 2263  provision system whereby a civil career service employee with
 2264  greater seniority has the option of selecting a different
 2265  position not being eliminated, but either vacant or already
 2266  occupied by an employee who has of less seniority, and taking
 2267  that position, commonly referred to as “bumping.”
 2268         (b) For the implementation of layoffs as defined in s.
 2269  110.107, the department shall develop rules requiring retention
 2270  of the agency’s employees based upon objective measures that
 2271  give consideration to comparative merit, demonstrated skills,
 2272  the employee’s experience, and the employee’s length of service.
 2273  Such rules shall be approved by the Administration Commission
 2274  before their adoption by the department.
 2275         (3)(a) With regard to law enforcement or correctional
 2276  officers, firefighters, or professional health care providers:,
 2277  when
 2278         (a) If a layoff becomes necessary, such layoff shall be
 2279  conducted within the competitive area identified by the agency
 2280  head and approved by the department of Management Services. Such
 2281  competitive area shall be established taking into consideration
 2282  the similarity of work; the organizational unit, which may be by
 2283  agency, department, division, bureau, or other organizational
 2284  unit; and the commuting area for the affected work affected.
 2285         (b) With regard to law enforcement or correctional
 2286  officers, firefighters, or professional health care providers,
 2287  Layoff procedures shall be developed to establish the relative
 2288  merit and fitness of employees and must shall include a formula
 2289  for uniform application among all employees in the competitive
 2290  area, taking into consideration the type of appointment, the
 2291  length of service, and the evaluations of the employee’s
 2292  performance within the last 5 years of employment.
 2293         (4) A grievance process shall be available to civil career
 2294  service employees who have satisfactorily completed at least a
 2295  1-year probationary period in their current positions. A
 2296  grievance is defined as the dissatisfaction that occurs when an
 2297  employee believes that any condition affecting the employee is
 2298  unjust, inequitable, or a hindrance to the effective performance
 2299  of his or her job duties operation. Claims of discrimination and
 2300  sexual harassment or claims related to suspensions, reductions
 2301  in pay, demotions, and dismissals are not subject to the civil
 2302  career service grievance process. The following procedures shall
 2303  apply to any grievance filed pursuant to this subsection, except
 2304  that all timeframes may be extended in writing by mutual
 2305  agreement:
 2306         (a) Step One.—The employee must may submit a signed,
 2307  written grievance on a form provided by the agency to his or her
 2308  supervisor within 14 calendar days following the occurrence of
 2309  the event giving rise to the grievance. The supervisor must meet
 2310  with the employee to discuss the grievance and provide a written
 2311  response to the employee within 7 business days following
 2312  receipt of the grievance.
 2313         (b) Step Two.—If the employee is dissatisfied with the
 2314  response of his or her supervisor, the employee must may submit
 2315  the written grievance to the agency head or his or her designee
 2316  within 7 business days following receipt of the supervisor’s
 2317  written response. The agency head’s head or his or her designee
 2318  may must meet with the employee to discuss the grievance within
 2319  5 business days following receipt of the grievance. The agency
 2320  head or his or her designee must respond in writing to the
 2321  employee within 5 business days following receipt of the
 2322  grievance the meeting. The written decision of the agency head
 2323  or designee is shall be the final and binding authority for all
 2324  grievances filed pursuant to this subsection. Such grievances
 2325  may not be appealed beyond Step Two.
 2326         (5)(a) A civil career service employee who has
 2327  satisfactorily completed at least a 1-year probationary period
 2328  in his or her current position and who is subject to a
 2329  suspension, reduction in pay, demotion, involuntary transfer of
 2330  more than 50 miles by highway, or dismissal shall receive
 2331  written notice of such action at least 10 calendar days before
 2332  prior to the date such action is to be taken.
 2333         (a) Subsequent to such notice, and before prior to the date
 2334  the action is to be taken, the affected employee shall be given
 2335  an opportunity to appear before a designated agency official to
 2336  rebut the agency or official taking the action to answer orally
 2337  and in writing the charges against him or her. The notice to the
 2338  employee required by this paragraph may be delivered to the
 2339  employee personally or may be sent by certified mail with return
 2340  receipt requested. Such actions are shall be appealable to the
 2341  Public Employees Relations Commission as provided in subsection
 2342  (6). Written notice of any such appeal shall be filed by the
 2343  employee with the commission within 21 calendar days after the
 2344  date on which the notice of suspension, reduction in pay,
 2345  demotion, involuntary transfer of more than 50 miles by highway,
 2346  or dismissal is received by the employee. Merit status that was
 2347  attained in a previous position does not give rise to appeal
 2348  rights under this section.
 2349         (b) In extraordinary situations such as when the retention
 2350  of a civil career service employee may who has satisfactorily
 2351  completed at least a 1-year probationary period in his or her
 2352  current position would result in damage to state property, may
 2353  would be detrimental to the best interest of the state, or may
 2354  would result in harm injury to the employee, a fellow employee,
 2355  or some other person, such employee may be suspended or
 2356  dismissed without 10 calendar days’ prior notice if, provided
 2357  that written or oral notice of such action, including evidence
 2358  of the reasons therefor, and an opportunity to rebut the charges
 2359  are furnished to the employee before prior to such dismissal or
 2360  suspension. Such notice may be delivered to the employee
 2361  personally or may be sent by certified mail with return receipt
 2362  requested. Agency compliance with the foregoing procedure
 2363  requiring notice, evidence, and an opportunity for rebuttal must
 2364  be substantiated. Any employee who is suspended or dismissed
 2365  pursuant to the provisions of this paragraph may appeal to the
 2366  Public Employees Relations Commission as provided in subsection
 2367  (6). Written notice of any such appeal shall be filed with the
 2368  commission by the employee within 21 calendar days after the
 2369  date on which the notice of suspension, reduction in pay,
 2370  demotion, or dismissal is received by the employee.
 2371         (6) The following procedures shall apply to appeals filed
 2372  pursuant to subsection (5) with the Public Employees Relations
 2373  Commission, hereinafter referred to as the commission:
 2374         (a) The commission must conduct a hearing within 60
 2375  calendar days following the filing of a notice of appeal. An No
 2376  extension of time for the hearing may not exceed 30 calendar
 2377  days, absent exceptional circumstances, and no extension of time
 2378  may not be granted without the consent of all parties. Discovery
 2379  may be granted only upon the showing of extraordinary
 2380  circumstances. A party requesting discovery must shall
 2381  demonstrate a substantial need for the information requested and
 2382  an inability to obtain relevant information by other means.
 2383  Except where inconsistent with the requirements of this
 2384  subsection, the provisions of s. 447.503(4) and (5) and chapter
 2385  120 apply to proceedings held pursuant to this subsection.
 2386         (b) A person may represent himself or herself in
 2387  proceedings before the commission or may be represented by legal
 2388  counsel or by an any individual who qualifies as a
 2389  representative pursuant to rules adopted by the commission.
 2390         (c) If the commission finds that cause did not exist for
 2391  the agency action, the commission shall reverse the decision of
 2392  the agency head and the employee shall be reinstated with or
 2393  without back pay. If the commission finds that cause existed for
 2394  the agency action, the commission shall affirm the decision of
 2395  the agency head. The commission may not reduce the penalty
 2396  imposed by the agency head, except in the case of law
 2397  enforcement or correctional officers, firefighters, and
 2398  professional health care providers, if the commission makes
 2399  specific written findings of mitigation.
 2400         (d) A recommended order shall be issued by the hearing
 2401  officer within 30 days following the hearing. Exceptions to the
 2402  recommended order must shall be filed within 15 days after the
 2403  recommended order is issued. The final order shall be filed by
 2404  the commission within no later than 45 calendar days after the
 2405  hearing or after the filing of exceptions or oral arguments if
 2406  granted.
 2407         (e) Final orders issued by the commission pursuant to
 2408  paragraph (d) are shall be reviewable as provided in s. 447.504.
 2409         (7) Other than for law enforcement or correctional
 2410  officers, firefighters, and professional health care providers,
 2411  each suspension, dismissal, demotion, or reduction in pay must
 2412  be reviewed without consideration of any other case or set of
 2413  facts.
 2414         (8) A civil career service employee who is serving a
 2415  probationary period in a position to which he or she has been
 2416  promoted may be removed from that promotional position at any
 2417  time during the probationary period for inefficiency or
 2418  inability to perform assigned duties but must be returned to his
 2419  or her former position, or a comparable position, if such a
 2420  position is vacant. If such a position is not available, before
 2421  dismissal, the agency shall make a reasonable effort to retain
 2422  the employee in another vacant position. This subsection does
 2423  not apply to other dismissals terminations for cause as
 2424  described in subsection (1), nor does it create a right to
 2425  “bump” an employee from an occupied position as described in
 2426  paragraph (2)(a). An employee who is removed from a promotional
 2427  position under this subsection does not have grievance rights
 2428  under subsection (4) or appeal rights under subsection (5) due
 2429  to their probationary status.
 2430         (9) Employees of the Department of Law Enforcement are
 2431  subject to the provisions of this section, except in matters
 2432  relating to transfer.
 2433         Section 40. The Division of Statutory Revision is requested
 2434  to renumber part V of chapter 110, Florida Statutes, as part
 2435  III, consisting of ss. 110.302-3035, and to rename that part as
 2436  “Selected Exempt Service.”
 2437         Section 41. Section 110.601, Florida Statutes, is
 2438  transferred, renumbered as section 110.302, Florida Statutes,
 2439  and amended to read:
 2440         110.302 110.601 Declaration of policy.—This part creates a
 2441  system of personnel administration for management the purpose of
 2442  delivering which is to deliver high-quality performance by
 2443  selected exempt service those employees in the State Personnel
 2444  System select exempt classifications by facilitating the state’s
 2445  ability to attract and retain qualified personnel in these
 2446  positions, while also providing sufficient management
 2447  flexibility to ensure that the workforce is responsive to agency
 2448  needs. The Legislature recognizes that the public interest is
 2449  best served by developing and refining the technical and
 2450  managerial skills of these its selected exempt service
 2451  employees, and, to this end, technical training and management
 2452  development programs are regarded as a major administrative
 2453  function within agencies.
 2454         Section 42. Section 110.602, Florida Statutes, is
 2455  transferred, renumbered as section 110.3021, Florida Statues,
 2456  and amended to read:
 2457         110.3021 110.602 Selected Exempt Service; creation,
 2458  coverage.—
 2459         (1) The Selected Exempt Service is created as a separate
 2460  system of personnel administration for select exempt positions
 2461  that. Such positions shall include, and shall be limited to,
 2462  those positions which are exempt from the Civil Career Service
 2463  System pursuant to s. 110.205(2) and (5) and for which the
 2464  salaries and benefits are set by the department in accordance
 2465  with the rules of the Selected Exempt Service. The department
 2466  shall designate all positions included in the Selected Exempt
 2467  Service as either managerial/policymaking, professional, or
 2468  nonmanagerial/nonpolicymaking.
 2469         (2) Employees in the Selected Exempt Service shall serve at
 2470  the pleasure of the agency head and are subject to personnel
 2471  actions at the discretion of the agency head. Personnel actions
 2472  that are tantamount to suspension, dismissal, reduction in pay,
 2473  demotion, or transfer are exempt from chapter 120.
 2474         Section 43. Section 110.605, Florida Statutes, is
 2475  transferred, renumbered as section 110.3022, Florida Statutes,
 2476  and amended to read:
 2477         110.3022 110.605 Powers and duties; personnel rules,
 2478  records, reports, and performance appraisal.—The department is
 2479  responsible for the policy administration of the Selected Exempt
 2480  Service. In carrying out that function the department shall:
 2481         (1) Provide broad, market-based pay bands for occupations
 2482  within the Selected Exempt Service and establish guidelines that
 2483  allow state agencies flexibility to move employees through the
 2484  pay bands. The agencies may determine the appropriate salary
 2485  within the bands using the guidelines adopted by the department.
 2486  The pay bands, and the assignment of bands to positions, do not
 2487  constitute rules within the meaning of s. 120.52.
 2488         (2) Establish a classification system and a salary and
 2489  benefit plan for the Selected Exempt Service which provides for
 2490  greater pay and benefits overall than are provided for the Civil
 2491  Service and less pay and benefits overall than are provided for
 2492  the Senior Management Service.
 2493         (3) In consultation with the Executive Office of the
 2494  Governor and the appropriation committees of the Legislature,
 2495  conduct compensation surveys as necessary for achieving an
 2496  equitable, competitive, market-based compensation policy for
 2497  selected exempt service employees.
 2498         (4)Establish a performance evaluation system for selected
 2499  exempt service employees which takes into consideration
 2500  individual and organizational efficiency, productivity, and
 2501  effectiveness.
 2502         (5) Establish a system for documenting department actions
 2503  taken on agency requests for the approval of position exemptions
 2504  and pay increases for selected exempt service employees.
 2505         (6)(1)The department shall Adopt and administer uniform
 2506  personnel rules, records, and reports relating to employees and
 2507  positions in the Selected Exempt Service, as well as any other
 2508  rules and procedures relating to personnel administration which
 2509  are necessary to carry out the purposes of this part.
 2510         (a)The rules adopted by the department and each state
 2511  agency must comply with all federal regulations necessary to
 2512  permit the agencies to receive federal funds.
 2513         (b)Each agency shall operate within the uniform personnel
 2514  rules adopted by the department pursuant to this part.
 2515         (c)Each agency shall maintain up-to-date records and
 2516  reports required by applicable rules.
 2517         (d)(a) The department may shall develop uniform forms and
 2518  instructions to be used for personnel in reporting transactions
 2519  which involve changes in an employee’s salary, status,
 2520  performance, leave, fingerprint record, loyalty oath, payroll
 2521  change, or appointment action or any additional transactions as
 2522  the department deems may deem appropriate.
 2523         (b)The department shall develop a uniform performance
 2524  appraisal system for employees and positions in the Selected
 2525  Exempt Service covered by a collective bargaining agreement.
 2526  Each employing agency shall develop a performance appraisal
 2527  system for all other employees and positions in the Selected
 2528  Exempt System. Such agency system shall take into consideration
 2529  individual and organizational efficiency, productivity, and
 2530  effectiveness.
 2531         (c)The employing agency must maintain, on a current basis,
 2532  all records and reports required by applicable rules. The
 2533  department shall periodically audit employing agency records to
 2534  determine compliance with the provisions of this part and the
 2535  rules of the department.
 2536         (d)The department shall develop a program of affirmative
 2537  and positive actions that will ensure full utilization of women
 2538  and minorities in Selected Exempt Service positions.
 2539         (2)Each employing agency shall operate within the uniform
 2540  personnel rules adopted by the department pursuant to the
 2541  provisions of this part. Each employing agency may adopt rules
 2542  as necessary to implement the provisions of this part, but such
 2543  rules shall not prescribe any personnel policies inconsistent
 2544  with the provisions of this part or the rules of the department.
 2545         (3)The rules adopted by the department and each employing
 2546  agency under this part shall comply with all federal regulations
 2547  necessary to permit the state agencies to be eligible to receive
 2548  federal funds.
 2549         (4)The department shall adopt by rule procedures for
 2550  Selected Exempt Service employees that require disclosure to the
 2551  agency head of any application for or offer of employment, gift,
 2552  contractual relationship, or financial interest with any
 2553  individual, partnership, association, corporation, utility, or
 2554  other organization, whether public or private, doing business
 2555  with or subject to regulation by the agency.
 2556         (5)The secretary may periodically hire a consultant with
 2557  expertise in personnel management to advise him or her with
 2558  respect to the administration of the Selected Exempt Service.
 2559         Section 44. Section 110.3023, Florida Statutes, is created
 2560  to read:
 2561         110.3023Recruitment.—
 2562         (1) Each state agency is responsible for establishing a
 2563  process for employing, advancing, and deploying selected exempt
 2564  service staff to meet agency needs.
 2565         (2) If normal recruitment efforts of the agency through the
 2566  use of the department’s designated human resource information
 2567  system, trade journals, or magazines are unsuccessful, the
 2568  agency may contract with a person or firm to conduct a
 2569  multistate search for hard-to-fill professional positions. The
 2570  contracted search person or firm must satisfy the following
 2571  criteria:
 2572         (a) Willingness to accept contingency contracts with fees
 2573  up to 30 percent of the annual salary of the applicant, to be
 2574  paid upon employment of an applicant produced by the search.
 2575         (b) Demonstrated capacity to perform effectively at
 2576  competitive industry prices.
 2577         (c) Evidence of successful placements in the public sector
 2578  by level and type of placement.
 2579         (d) Agreement for the delivery of services within 90
 2580  calendar days after the date of the requested search by the
 2581  agency, unless an extension is granted by the agency.
 2582         (e) Ability to attract minorities and women as evidenced by
 2583  applicant pools generated for previous clients.
 2584         Section 45. The Division of Statutory Revision is requested
 2585  to renumber part III of chapter 110, Florida statutes, as part
 2586  IV, consisting of ss. 110.401-110.4035, and to rename that part
 2587  as “Senior Management Service.”
 2588         Section 46. Section 110.401, Florida Statutes, is amended
 2589  to read:
 2590         110.401 Declaration of policy.—This part creates a uniform
 2591  system of personnel administration for attracting, retaining,
 2592  and developing highly competent, executive-level senior-level
 2593  managers within the State Personnel System at the highest
 2594  executive-management-level agency positions in order for the
 2595  highly complex programs and agencies of state government to
 2596  function effectively, efficiently, and productively. The
 2597  Legislature recognizes that executive-level senior-level
 2598  management is an established profession and that the public
 2599  interest is best served by developing and refining the
 2600  management skills of its senior management service employees.
 2601  Accordingly, training and management-development programs are
 2602  regarded as a major administrative function within agencies.
 2603         Section 47. Section 110.402, Florida Statutes, is amended
 2604  to read:
 2605         110.402 Senior Management Service; creation, coverage.—
 2606         (1) The Senior Management Service is created as a separate
 2607  system of personnel administration for positions in the State
 2608  Personnel System which perform executive branch the duties and
 2609  responsibilities that of which are primarily and essentially
 2610  policymaking or managerial in nature.
 2611         (2)Such positions are The Senior Management Service shall
 2612  be limited to those positions that which are exempt from the
 2613  Civil Career Service under System by s. 110.205(2) and for which
 2614  the salaries and benefits are set by the department in
 2615  accordance with the rules of the Senior Management Service.
 2616         (2) Employees in the Senior Management Service shall serve
 2617  at the pleasure of the agency head and are subject to personnel
 2618  actions at the discretion of the agency head. Personnel actions
 2619  that are tantamount to suspension, dismissal, reduction in pay,
 2620  demotion, or transfer are exempt from chapter 120.
 2621         Section 48. Section 110.403, Florida Statutes, is amended
 2622  to read:
 2623         110.403 Powers and duties of the department.—The department
 2624  is responsible for the policy administration of the Senior
 2625  Management Service. To carry out that function the department
 2626  shall:
 2627         (1)In order to implement the purposes of this part, the
 2628  Department of Management Services, after approval by the
 2629  Administration Commission, shall adopt and amend rules providing
 2630  for:
 2631         (1)(a)Establish a system for employing, advancing, and
 2632  deploying senior management service employees which promoting,
 2633  or reassigning managers that is responsive to organizational or
 2634  program needs. In no event shall The number of positions
 2635  included in the Senior Management Service may not exceed 1.0
 2636  percent of the total full-time equivalent positions in the Civil
 2637  career Service. The department may not approve the establishment
 2638  of shall deny approval to establish any position within the
 2639  Senior Management Service which exceeds would exceed the
 2640  limitation established in this paragraph. The department shall
 2641  report that the limitation has been reached to the Governor, the
 2642  President of the Senate, and the Speaker of the House of
 2643  Representatives, as soon as practicable after it such event
 2644  occurs. Employees in the Senior Management Service shall serve
 2645  at the pleasure of the agency head and shall be subject to
 2646  suspension, dismissal, reduction in pay, demotion, transfer, or
 2647  other personnel action at the discretion of the agency head.
 2648  Such personnel actions are exempt from the provisions of chapter
 2649  120.
 2650         (2) Provide broad, market-based pay bands for occupations
 2651  within the Senior Management Service and establish guidelines
 2652  that allow state agencies flexibility to move employees through
 2653  the pay bands. The agencies may determine the appropriate salary
 2654  within the bands using the guidelines established by the
 2655  department. Such pay bands and the assignment of bands to
 2656  positions do not constitute rules within the meaning of s.
 2657  120.52.
 2658         (b)A performance appraisal system which shall take into
 2659  consideration individual and organizational efficiency,
 2660  productivity, and effectiveness.
 2661         (3)(c)Establish a classification system plan and a salary
 2662  and benefit plan for senior management service employees which
 2663  that provides appropriate incentives for the recruitment and
 2664  retention of outstanding management personnel and provides for
 2665  salary increases based on performance.
 2666         (4) In consultation with the Executive Office of the
 2667  Governor and the appropriation committees of the Legislature,
 2668  conduct compensation surveys as necessary for the purpose of
 2669  achieving an equitable, competitive, market-based compensation
 2670  policy for senior management service employees.
 2671         (5) Establish a performance evaluation system for senior
 2672  management service employees which takes into consideration
 2673  individual and organizational efficiency, productivity, and
 2674  effectiveness.
 2675         (d)A system of rating duties and responsibilities for
 2676  positions within the Senior Management Service and the
 2677  qualifications of candidates for those positions.
 2678         (6)(e)Establish a system for documenting actions taken on
 2679  agency requests for approval of position exemptions and special
 2680  pay increases for senior management service employees.
 2681         (7) Adopt and administer personnel rules, records, and
 2682  reports relating to employees and positions in the Senior
 2683  Management Service, as well as any other rules or procedures
 2684  relating to personnel administration which are necessary for
 2685  carrying out the purposes of this part.
 2686         (a) The rules adopted by the department must comply with
 2687  all federal regulations necessary for state agencies to receive
 2688  federal funds.
 2689         (b) Each agency shall operate within the personnel rules
 2690  adopted by the department pursuant to this part.
 2691         (c) The agency shall maintain up-to-date records and
 2692  reports required by applicable rules.
 2693         (d) The department may develop uniform forms and
 2694  instructions to be used in connection with personnel
 2695  transactions as the department deems appropriate.
 2696         (f)Requirements regarding recordkeeping by agencies with
 2697  respect to Senior Management Service positions. Such records
 2698  shall be audited periodically by the Department of Management
 2699  Services to determine agency compliance with the provisions of
 2700  this part and the rules of the Department of Management
 2701  Services.
 2702         (g)Other procedures relating to personnel administration
 2703  to carry out the purposes of this part.
 2704         (h)A program of affirmative and positive action that will
 2705  ensure full utilization of women and minorities in Senior
 2706  Management Service positions.
 2707         (2)The powers, duties, and functions of the department of
 2708  Management Services shall include responsibility for the policy
 2709  administration of the Senior Management Service.
 2710         (3)The department shall have the following additional
 2711  responsibilities:
 2712         (a)To establish and administer a professional development
 2713  program that shall provide for the systematic development of
 2714  managerial, executive, or administrative skills. Such a program
 2715  shall include the following topics:
 2716         1.Improving the performance of individual employees. This
 2717  topic provides skills in understanding and motivating individual
 2718  performance, providing effective and timely evaluations of
 2719  employees, and making recommendations on performance incentives
 2720  and disincentives.
 2721         2.Improving the performance of groups of employees. This
 2722  topic provides skills in creating and maintaining productive
 2723  workgroups and making recommendations on performance incentives
 2724  and disincentives.
 2725         3.Relating the efforts of employees to the goals of the
 2726  organization. This topic provides skills in linking the work of
 2727  individual employees to the goals of the agency program,
 2728  service, or activity.
 2729         4.Strategic planning. This topic provides the skills for
 2730  defining agency business processes, measuring performance of
 2731  such processes, and reengineering such processes for improved
 2732  efficiency and effectiveness.
 2733         5.Team leadership. This topic provides skills in effective
 2734  group processes for organizational motivation and productivity
 2735  based on proven business and military applications that
 2736  emphasize respect for and courtesy to the public.
 2737         (b)To promote public understanding of the purposes,
 2738  policies, and programs of the Senior Management Service.
 2739         (c)To approve contracts of employing agencies with persons
 2740  engaged in the business of conducting multistate executive
 2741  searches to identify qualified and available applicants for
 2742  Senior Management Service positions for which the department
 2743  sets salaries in accordance with the classification and pay
 2744  plan. Such contracts may be entered by the agency head only
 2745  after completion of an unsuccessful in-house search. The
 2746  department shall establish, by rule, the minimum qualifications
 2747  for persons desiring to conduct executive searches, including a
 2748  requirement for the use of contingency contracts. These rules
 2749  shall ensure that such persons possess the requisite capacities
 2750  to perform effectively at competitive industry prices. These
 2751  rules shall also comply with state and federal laws and
 2752  regulations governing equal opportunity employment.
 2753         (4)All policies and procedures adopted by the department
 2754  regarding the Senior Management Service shall comply with all
 2755  federal regulations necessary to permit the state agencies to be
 2756  eligible to receive federal funds.
 2757         (5)The department shall adopt, by rule, procedures for
 2758  Senior Management Service employees that require disclosure to
 2759  the agency head of any application for or offer of employment,
 2760  gift, contractual relationship, or financial interest with any
 2761  individual, partnership, association, corporation, utility, or
 2762  other organization, whether public or private, doing business
 2763  with or subject to regulation by the agency.
 2764         Section 49. Section 110.4035, Florida Statutes, is created
 2765  to read:
 2766         110.4035Recruitment.—
 2767         (1) Each state agency is responsible for establishing a
 2768  process for employing, advancing, and deploying executive level
 2769  managers to meet agency needs.
 2770         (2) If normal recruitment efforts are unsuccessful, the
 2771  agency may contract with a person or firm to conduct a
 2772  multistate search for executive level managers which satisfies
 2773  the following criteria:
 2774         (a) Willingness to accept contingency contracts with fees
 2775  that do not exceed 30 percent of the annual salary of the
 2776  applicant, to be paid upon employment of the applicant produced
 2777  by the search.
 2778         (b) Demonstrated capacity to perform effectively at
 2779  competitive industry prices.
 2780         (c) Evidence of successful placements in the public sector
 2781  by level and type of placement.
 2782         (d) Agreement for the delivery of services within 90
 2783  calendar days after the date of the requested search by the
 2784  agency, unless an extension is granted by the agency.
 2785         (e) Ability to attract minorities and women as evidenced by
 2786  applicant pools generated for previous clients.
 2787         Section 50. The Division of Statutory Revision is requested
 2788  to create part IX of chapter 112, Florida Statutes, to be
 2789  entitled “State Employment,” and consisting of ss. 112.906
 2790  112.924, Florida Statutes.
 2791         Section 51. Section 112.906, Florida Statutes, is created
 2792  to read:
 2793         112.906Definitions.—As used in this part, the term:
 2794         (1) “Department means the Department of Management
 2795  Services.
 2796         (2) “Other personal services” has the same meaning as in s.
 2797  216.011(1).
 2798         (3) “State agency” or “agency” means any official, officer,
 2799  commission, board, authority, council, committee, or department
 2800  of the executive branch or judicial branch of state government
 2801  as defined in chapter 216, unless otherwise exempted by law.
 2802         (5) “State employee” or “employee” means an employee of a
 2803  state agency.
 2804         Section 52. Section 110.131, Florida Statutes, is
 2805  transferred, renumbered as section 112.907, Florida Statutes,
 2806  and amended to read:
 2807         112.907 110.131 Other-personal-services temporary
 2808  employment.—
 2809         (1)As used in this section, the term “agency” means any
 2810  official, officer, commission, board, authority, council,
 2811  committee, or department of the executive branch of state
 2812  government and means any officer, court, commission, or other
 2813  unit of the judicial branch of state government supported in
 2814  whole or in part by appropriations made by the Legislature.
 2815         (1)(2) An agency may employ any qualified individual in
 2816  other-personal-services temporary employment for 1,040 hours
 2817  within any 12-month period. For each other-personal-services
 2818  employee, the agency shall:
 2819         (a) Maintain employee records identifying, at a minimum,
 2820  the person employed, hire date, type of other-personal-services
 2821  employment, and the number of hours worked.
 2822         (b) Determine the appropriate rate of pay and ensure that
 2823  all payments are in compliance with the federal Fair Labor
 2824  Standards Act and state law.
 2825         (c) Review, determine, and document by June 30 of each year
 2826  that the continuation of each other-personal-services employment
 2827  position is necessary to the mission of the agency. This review
 2828  process An extension beyond a total of 1,040 hours within an
 2829  agency for any individual requires a recommendation by the
 2830  agency head and approval by the Executive Office of the
 2831  Governor. Approval of extensions shall be made in accordance
 2832  with criteria established by the department. Each agency shall
 2833  maintain employee information as specified by the department
 2834  regarding each extension of other-personal-services temporary
 2835  employment. The time limitation established by this subsection
 2836  does not apply to board members; consultants; seasonal
 2837  employees; institutional clients employed as part of their
 2838  rehabilitation; bona fide, degree-seeking students in accredited
 2839  secondary or postsecondary educational programs; employees hired
 2840  to deal with an emergency situation that affects the public
 2841  health, safety, or welfare; or employees hired for a project
 2842  that is identified by a specific appropriation or time-limited
 2843  grant.
 2844         (2) Unless specifically provided by law, other-personal
 2845  services employees are not eligible for any form of paid leave,
 2846  paid holidays, paid personal day, participation in state group
 2847  insurance or retirement benefits, or any other state employee
 2848  benefit. Other-personal-services employees may be included in
 2849  that part of an agency’s recognition and reward program that
 2850  recognizes and rewards employees who submit innovative ideas
 2851  that increase productivity, eliminate or reduce state
 2852  expenditures, improve operations, or generate additional
 2853  revenue, or who meet or exceed the agency’s established criteria
 2854  for a project or goal.
 2855         (3)The department shall adopt rules providing that other
 2856  personal-services temporary employment in an employer-employee
 2857  relationship shall be used for short-term tasks. Such rules
 2858  shall specify the employment categories, terms, conditions, rate
 2859  of pay, and frequency of other-personal-services temporary
 2860  employment and the duration for which such employment may last;
 2861  specify criteria for approving extensions beyond the time
 2862  limitation provided in subsection (2); and prescribe
 2863  recordkeeping and reporting requirements for other-personal
 2864  services employment.
 2865         (4)The department shall prepare written material
 2866  explaining the terms and conditions of other-personal-services
 2867  employment and shall provide master copies to each agency. Each
 2868  agency shall provide each of its applicants for such employment
 2869  with a copy thereof at the time of application and shall discuss
 2870  the information contained thereon with each applicant at the
 2871  time of interview or employment commencement, whichever occurs
 2872  sooner.
 2873         (5)The department shall maintain information relating to
 2874  other-personal-services employment for each agency. Such
 2875  information shall include:
 2876         (a)The total amount of compensation for other-personal
 2877  services personnel, by employment category, for the preceding
 2878  fiscal year.
 2879         (b)The name, social security number, employment category,
 2880  employment commencement date, and number of hours worked for
 2881  each individual whose initial other-personal-services temporary
 2882  employment began before the start of the preceding fiscal year
 2883  and who was still employed as an other-personal-services
 2884  temporary employee at the end of the preceding fiscal year.
 2885         (6)(a)The provisions of subsections (2), (3), and (4) do
 2886  not apply to any employee for whom the Board of Governors of the
 2887  State University System, or the board’s designee, or the Board
 2888  of Trustees of the Florida School for the Deaf and the Blind is
 2889  the employer as defined in s. 447.203(2); except that, for
 2890  purposes of subsection (5), the Board of Trustees of the Florida
 2891  School for the Deaf and the Blind shall comply with the
 2892  recordkeeping and reporting requirements adopted by the
 2893  department pursuant to subsection (3) with respect to those
 2894  other-personal-services employees exempted by this subsection.
 2895         (b)The provisions of subsections (2), (3), and (4) do not
 2896  apply to any employee of the Division of Blind Services Library
 2897  for the Blind and Physically Handicapped for whom the Division
 2898  of Blind Services is the employer as defined in s. 447.203(2);
 2899  except that, for purposes of subsection (5), the Division of
 2900  Blind Services shall comply with the recordkeeping and reporting
 2901  requirements adopted by the department pursuant to subsection
 2902  (3) with respect to those other-personal-services employees
 2903  exempted by this subsection.
 2904         (c)Notwithstanding the provisions of this section, the
 2905  agency head or his or her designee may extend the other
 2906  personal-services employment of a health care practitioner
 2907  licensed pursuant to chapter 458, chapter 459, chapter 460,
 2908  chapter 461, chapter 463, part I of chapter 464, chapter 466,
 2909  chapter 468, chapter 483, chapter 486, or chapter 490 beyond
 2910  2,080 hours and may employ such practitioner on an hourly or
 2911  other basis.
 2912         (7)The Department of Management Services shall annually
 2913  assess agencies for the regulation of other personal services on
 2914  a pro rata share basis not to exceed an amount as provided in
 2915  the General Appropriations Act.
 2916         Section 53. Section 110.1128, Florida Statutes, is
 2917  transferred and renumbered as section 112.908, Florida Statutes.
 2918         Section 54. Section 110.1221, Florida Statutes, is
 2919  transferred, renumbered as section 112.909, Florida Statutes,
 2920  and amended to read:
 2921         112.909 110.1221 Sexual harassment policy; executive agency
 2922  rules.—It is the policy of the state that sexual harassment is a
 2923  form of discrimination. Each agency that has authority to adopt
 2924  rules governing the conditions of employment The department
 2925  shall adopt uniform sexual harassment rules applicable to all
 2926  executive agencies. Such the rules must define the term “sexual
 2927  harassment” in a manner consistent with the federal definition.
 2928         Section 55. Section 110.122, Florida Statutes, is
 2929  transferred, renumbered as section 112.910, Florida Statutes,
 2930  and amended to read:
 2931         112.910 110.122 Terminal payment for accumulated sick
 2932  leave.—
 2933         (1) All state branches, departments, and agencies that are
 2934  authorized which have the authority to establish or approve
 2935  personnel policies for employees and to employ personnel and
 2936  establish the conditions of their employment shall establish
 2937  policies that to provide terminal incentive pay for
 2938  accumulated and unused sick leave to each employee upon his or
 2939  her normal or regular retirement for reason other than
 2940  disability or upon termination of employment, or to the
 2941  employee’s beneficiary if service is terminated by death,
 2942  provided such retirement, termination, or death occurs after 10
 2943  years of creditable state employment.
 2944         (2) Each agency that is authorized to adopt rules governing
 2945  the conditions of employment The employing entity shall
 2946  establish and publish rules governing the accumulation and use
 2947  of sick leave and maintain accurate and reliable records showing
 2948  the amount of sick leave that which has accumulated and is
 2949  unused by the employee at the time of retirement, death, or
 2950  termination.
 2951         (3) The payments authorized by this section shall be
 2952  determined by using the rate of pay received by the employee at
 2953  the time of retirement, termination, or death, applied to the
 2954  sick leave time for which the employee is qualified to receive
 2955  terminal incentive pay under the rules adopted by the
 2956  department pursuant to the provisions of this section. The rules
 2957  and policies must provide adopted pursuant to this section shall
 2958  permit terminal pay for sick leave equal to one-eighth of all
 2959  unused sick leave credit accumulated before prior to October 1,
 2960  1973, plus one-fourth of all unused sick leave accumulated on or
 2961  after October 1, 1973. However, terminal pay allowable for
 2962  unused sick leave accumulated on or after October 1, 1973, may
 2963  shall not exceed a maximum of 480 hours of actual payment.
 2964  Employees must shall be required to use all sick leave
 2965  accumulated before prior to October 1, 1973, before using sick
 2966  leave accumulated on or after October 1, 1973.
 2967         (4) The payments made pursuant to this section are shall
 2968  not salary payments be considered in any state-administered
 2969  retirement system as salary payments and may shall not be used
 2970  in determining the average final compensation of an employee in
 2971  any state-administered retirement system.
 2972         (5) Any employee:
 2973         (a) Who is found guilty in a court of competent
 2974  jurisdiction of committing, aiding, or abetting any embezzlement
 2975  or theft from the employee’s employer or bribery in connection
 2976  with the employment, committed before prior to retirement or 10
 2977  year normal creditable termination;
 2978         (b) Whose employment is terminated by reason of the
 2979  employee having admitted committing, aiding, or abetting an
 2980  embezzlement or theft from his or her employer or by reason of
 2981  bribery;
 2982         (c) Who, prior to 10-year normal creditable termination or
 2983  retirement is adjudged by a court of competent jurisdiction to
 2984  have violated any state law against strikes by public employees;
 2985  or
 2986         (d) Who has been found guilty by a court of competent
 2987  jurisdiction of violating any state law prohibiting strikes by
 2988  public employees,
 2989  
 2990  shall forfeit all rights and benefits under this section. An
 2991  employee whose employment terminates as a result of an act
 2992  committed subject to this subsection may shall not be given
 2993  credit for unused sick leave accumulated before prior to
 2994  termination should the employee be reemployed at a later date.
 2995         Section 56. Section 110.121, Florida Statutes, is
 2996  transferred, renumbered as 112.911, Florida Statutes, and
 2997  amended to read:
 2998         112.911 110.121 Sick leave pool.—Each state department or
 2999  agency that of the state which has authority to adopt rules
 3000  governing the accumulation and use of sick leave for employees,
 3001  and which maintains accurate and reliable records showing the
 3002  amount of sick leave that which has been accumulated and is
 3003  unused by employees, may, in accordance with guidelines which
 3004  shall be established by the Department of Management Services,
 3005  adopt rules establishing for the establishment of a plan that
 3006  allows allowing participating employees to pool and use sick
 3007  leave and allowing any sick leave thus pooled to be used by any
 3008  participating employee who has used all of the sick leave that
 3009  has been personally accrued by him or her. Although not limited
 3010  to the following, Such rules shall provide, but need not be
 3011  limited to:
 3012         (1) Minimum eligibility criteria That employees shall be
 3013  eligible for participation in the sick leave pool after 1 year
 3014  of employment with the state or agency of the state; provided
 3015  that such employee has accrued a minimum amount of unused sick
 3016  leave, which minimum shall be established by rule.
 3017         (2) That participation in the sick leave pool is shall, at
 3018  all times, be voluntary on the part of the employees.
 3019         (3) That any sick leave pooled shall be removed from the
 3020  personally accumulated sick leave balance of the employee
 3021  contributing such leave.
 3022         (4) That any sick leave in the pool which leave is used by
 3023  a participating employee is shall be used only for the
 3024  employee’s personal illness, accident, or injury.
 3025         (5) That a participating employee may shall not be eligible
 3026  to use sick leave accumulated in the pool until all of his or
 3027  her personally accrued sick, annual, and compensatory leave, and
 3028  his or her personal day, have has been used.
 3029         (6) The A maximum number of hours days of sick leave in the
 3030  pool which any one employee may use.
 3031         (7) That a participating employee who uses sick leave from
 3032  the pool is shall not be required to recontribute such sick
 3033  leave to the pool, except as otherwise provided in this section.
 3034         (8) That an employee who cancels his or her membership in
 3035  the sick leave pool may shall not be eligible to withdraw the
 3036  hours days of sick leave contributed by that employee to the
 3037  pool.
 3038         (9) That an employee who moves transfers from a one
 3039  position in one agency state government to a another position in
 3040  another agency state government may transfer from one pool to
 3041  another if the eligibility criteria of the pools are comparable
 3042  or the administrators of the pools have agreed on the a formula
 3043  for transfer of credits.
 3044         (10) That alleged abuse of the use of the sick leave pool
 3045  shall be investigated, and, on a finding of wrongdoing, the
 3046  employee must shall repay all of the sick leave credits drawn
 3047  from the sick leave pool and is shall be subject to such other
 3048  disciplinary action as is determined by the agency head.
 3049         (11) That sick leave credits may be drawn from the sick
 3050  leave pool by a part-time employee on a pro rata basis.
 3051         Section 57. Section 110.119, Florida Statutes, is
 3052  transferred, renumbered as section 112.912, Florida Statutes,
 3053  and amended to read:
 3054         112.912 110.119 Administrative leave for reexamination or
 3055  treatment with respect to service-connected disability.—
 3056         (1)An Any employee of the state who has been rated by the
 3057  United States Department of Veterans Affairs or its predecessor
 3058  to have incurred a service-connected disability and has been
 3059  scheduled by the United States Department of Veterans Affairs to
 3060  be reexamined or treated for the disability shall be granted
 3061  administrative leave for such reexamination or treatment without
 3062  loss of pay or benefits. However, such In no event shall the
 3063  paid leave may not under this section exceed 48 hours per 6
 3064  calendar days a year.
 3065         (2)The department may adopt any rule necessary to carry
 3066  out the purpose of this section.
 3067         Section 58. Section 110.120, Florida Statutes, is
 3068  transferred, renumbered as section 112.913, Florida Statutes,
 3069  and amended to read:
 3070         112.913 110.120 Administrative leave for disaster service
 3071  volunteers.—
 3072         (1) SHORT TITLE.—This section shall be known and may be
 3073  cited as the “Florida Disaster Volunteer Leave Act.”
 3074         (2) DEFINITIONS.—As used in this section, the following
 3075  terms shall apply:
 3076         (a) “State agency” means any official, officer, commission,
 3077  board, authority, council, committee, or department of the
 3078  executive branch of state government.
 3079         (b) “Disaster” includes disasters designated at level II
 3080  and above in the American National Red Cross regulations and
 3081  procedures.
 3082         (3) LEAVE OF ABSENCE.—An employee of a state agency who is
 3083  a certified disaster service volunteer of the American Red Cross
 3084  may be granted a leave of absence with pay for up to not more
 3085  than 15 working days in any 12-month period to participate in
 3086  specialized disaster relief services for the American Red Cross.
 3087  Such leave of absence may be granted upon the request of the
 3088  American Red Cross and upon the approval of the employer
 3089  employee’s employing agency. An employee granted leave under
 3090  this section may shall not be deemed to be an employee of the
 3091  state for purposes of workers’ compensation. Leave under this
 3092  section act may be granted only for services related to a
 3093  disaster occurring within the boundaries of the State of
 3094  Florida, except that, with the approval of the Governor and
 3095  Cabinet, leave may be granted for services in response to a
 3096  disaster occurring within the boundaries of the United States.
 3097         Section 59. Section 110.1091, Florida Statutes, is
 3098  transferred, renumbered as section 112.914, Florida Statutes,
 3099  and amended to read:
 3100         112.914 110.1091 Employee assistance programs; public
 3101  records exemption.—
 3102         (1) A An employing state agency may provide a counseling,
 3103  therapeutic, or other professional treatment program to assist a
 3104  any state employee who has a behavioral disorder, medical
 3105  disorder, or substance abuse problem or who has an emotional
 3106  difficulty that affects the employee’s job performance. The Each
 3107  employing state agency may designate community diagnostic and
 3108  referral resources as necessary to implement the provisions of
 3109  this subsection.
 3110         (2) A state employee’s personal identifying information
 3111  contained in records held by a an employing state agency
 3112  relating to an employee’s participation in an employee
 3113  assistance program is confidential and exempt from the
 3114  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 3115  Constitution.
 3116         Section 60. Section 110.151, Florida Statutes, is
 3117  transferred, renumbered as section 112.915, Florida Statutes,
 3118  and amended to read:
 3119         112.915 110.151State officers’ and employees’ Child care
 3120  services.—
 3121         (1) A state agency may establish The Department of
 3122  Management Services shall approve, administer, and coordinate
 3123  child care services for state officers’ and employees’ children
 3124  or dependents. Duties shall include, but not be limited to,
 3125  reviewing and approving requests from state agencies for child
 3126  care services; providing technical assistance on child care
 3127  program startup and operation; and assisting other agencies in
 3128  conducting needs assessments, designing centers, and selecting
 3129  service providers. Primary emphasis for child care services
 3130  shall be given to children who are not subject to compulsory
 3131  school attendance pursuant to part II of chapter 1003, and, to
 3132  the extent possible, emphasis shall be placed on child care for
 3133  children aged 2 and under.
 3134         (2) Child care programs may be located in state-owned
 3135  office buildings, educational facilities and institutions,
 3136  custodial facilities and institutions, and, with the consent of
 3137  the President of the Senate and the Speaker of the House of
 3138  Representatives, in buildings or spaces used for legislative
 3139  activities. In addition, centers may be located in privately
 3140  owned buildings conveniently located to the place of employment
 3141  of those officers and employees to be served by the centers. If
 3142  a child care program is located in a state-owned office
 3143  building, educational facility or institution, or custodial
 3144  facility or institution, or in a privately owned building leased
 3145  by the state, a portion of the service provider’s rental fees
 3146  for child care space may be waived by the sponsoring agency in
 3147  accordance with the rules of the department’s Facilities Program
 3148  Department of Management Services. Additionally, the sponsoring
 3149  state agency may be responsible for the maintenance, utilities,
 3150  and other operating costs associated with the child care center.
 3151         (3) Except as otherwise provided in this section, the cost
 3152  of child care services shall be offset by fees charged to
 3153  employees who use the child care services. Requests for
 3154  proposals may provide for a sliding fee schedule based on, with
 3155  fees charged on the basis of the employee’s household income.
 3156         (4) The provider of proposed child care services shall be
 3157  selected by competitive contract. Requests for proposals shall
 3158  be developed with the assistance of, and subject to the approval
 3159  of, the Department of Management Services. Management of the
 3160  contract with the service provider is shall be the
 3161  responsibility of the sponsoring state agency.
 3162         (5) An operator selected to provide services must comply
 3163  with all state and local standards for the licensure and
 3164  operation of child care facilities, maintain adequate liability
 3165  insurance coverage, and assume financial and legal
 3166  responsibility for the operation of the program. Neither The
 3167  operator of and nor any personnel employed by or at a child care
 3168  facility may not shall be deemed to be employees of the state.
 3169  However, the sponsoring state agency may be responsible for the
 3170  operation of the child care center if when:
 3171         (a) A second request for proposals fails to procure a
 3172  qualified service provider; or
 3173         (b) The service provider’s contract is canceled and
 3174  attempts to procure another qualified service provider are
 3175  unsuccessful;
 3176  
 3177  and plans for direct operation are approved by the Department of
 3178  Management Services.
 3179         (6) In the areas where the state has an insufficient number
 3180  of employees to justify a worksite center, a state agency may
 3181  join in a consortium arrangement using utilizing available state
 3182  facilities with not-for-profit corporations or other public
 3183  employers to provide child care services to both public
 3184  employees and employees of private sector employers. The
 3185  consortium agreement must first address the unmet child care
 3186  needs of the children of the public employees whose employers
 3187  are members of the consortium, and then address the child care
 3188  needs of private sector employees.
 3189         (7)The Department of Management Services may adopt any
 3190  rules necessary to achieve the purposes of this section.
 3191         Section 61. Section 110.181, Florida Statutes, is
 3192  transferred and renumbered as section 112.916, Florida Statutes.
 3193         Section 62. Section 110.1225, Florida Statutes, is
 3194  transferred, renumbered as section 112.917, Florida Statutes,
 3195  and amended to read:
 3196         112.917 110.1225 Furloughs.—If When a deficit is projected
 3197  by the Revenue Estimating Conference pursuant to s. 216.136(3),
 3198  in any fund of a state agency which that supports salary and
 3199  benefit appropriations, the agency Administration Commission may
 3200  propose a furlough plan to the Legislative Budget Commission
 3201  Legislature, which must approve or disapprove such plan. The
 3202  plan must identify all affected positions and ensure that all
 3203  affected employees are subject to the same reduction of hours
 3204  for the same number of pay periods with a commensurate reduction
 3205  in pay. For the purposes of this section, the term “furlough”
 3206  means a temporary reduction in the regular hours of employment
 3207  in a pay period, or temporary leave without pay for one or more
 3208  pay periods, with a commensurate reduction in pay.
 3209         Section 63. Section 110.1155, Florida Statutes, is
 3210  transferred and renumbered as section 112.918, Florida Statutes.
 3211         Section 64. Section 110.191, Florida Statutes, is
 3212  transferred, renumbered as section 112.919, Florida Statutes,
 3213  and amended to read:
 3214         112.919 110.191 State employee leasing.—
 3215         (1) If In situations where the Legislature has expressly
 3216  authorized a the state, an agency, or the judicial branch as
 3217  defined in s. 110.107 to lease employees, the Executive Office
 3218  of the Governor for the executive branch or the Chief Justice
 3219  for the judicial branch may authorize any of the following
 3220  actions related to such state employee leasing activities if,
 3221  provided that the direct cost of such actions is to be paid or
 3222  reimbursed within 30 days after payment by the entity or person
 3223  to whom the employees are leased:
 3224         (a) Creation of Create a separate budget entity from which
 3225  leased employees are shall be paid and the transfer of the
 3226  positions authorized to be leased to that budget entity.
 3227         (b) Provide Increases in the operating budget entity.
 3228         (c) Authorized Lump-sum salary bonuses to leased
 3229  employees.; However, any lump-sum salary bonus above the
 3230  automatic salary increases which may be contained in the General
 3231  Appropriations Act must be funded from private sources.
 3232         (d) Approve Increases in salary rate for positions that
 3233  which are leased.; However, any salary rate above the automatic
 3234  salary increases which may be contained in the General
 3235  Appropriations Act must be funded from private sources.
 3236         (e) The waiver of Waive any requirement for automatic
 3237  salary increases that which may be contained in the General
 3238  Appropriations Act.
 3239         (2) Positions that which are in the Senior Management
 3240  Service System or the Selected Exempt Service System on the day
 3241  before the state employee lease agreement takes effect shall
 3242  remain in the respective system if the duties performed by the
 3243  position during the assignment of the state employee lease
 3244  agreement are comparable as determined by the department. Those
 3245  Senior Management Service System or Selected Exempt Service
 3246  System positions that which are not determined comparable by the
 3247  department, and positions that which are in other pay plans on
 3248  the day before the lease agreement takes effect, shall have the
 3249  same salaries and benefits provided to employees of the Office
 3250  of the Governor pursuant to s. 110.205(2)(h)2. 110.205(2)(l)2.
 3251         Section 65. Section 110.1082, Florida Statutes, is
 3252  transferred, renumbered as section 112.920, Florida Statutes,
 3253  and amended to read:
 3254         112.920 110.1082 Telephone voice mail systems and telephone
 3255  menu options systems.—
 3256         (1) A No state employee may not use shall utilize a voice
 3257  mail system when the employee is at his or her regularly
 3258  assigned work station where his or her telephone is functional
 3259  and available for use, unless:
 3260         (a) The telephone device is in use, and/or;
 3261         (b) The Such voice mail system alerts the caller to, and
 3262  provides the caller with access to, a nonelectronic attendant;
 3263  or
 3264         (c) The Such voice mail system automatically transfers the
 3265  caller to a nonelectronic attendant.
 3266         (2) Telephone menu options systems used by state agencies
 3267  must, departments, or other state government units will alert
 3268  the caller to, and provide the caller with access to, a
 3269  nonelectronic attendant.
 3270         (3) Agency heads shall will ensure compliance with the
 3271  provisions of this section.
 3272         Section 66. Section 110.1165, Florida Statutes, is
 3273  transferred, renumbered as section 112.921, Florida Statutes,
 3274  and subsections (1) and (2) of that section are amended to read:
 3275         112.921 110.1165 Executive branch personnel errors;
 3276  limitation of actions for compensation.—
 3277         (1) An agency of the executive branch, including the State
 3278  University System, shall establish procedures for the receipt,
 3279  consideration, and disposition of a claim regarding pay or
 3280  benefits brought by an employee if the when that employee is
 3281  damaged as a result of being provided with erroneous written
 3282  information by the employing agency regarding his or her pay or
 3283  benefits, and the employee detrimentally relies upon such
 3284  written information. In order to qualify for the relief provided
 3285  by this section, the employee’s reliance on the representation
 3286  must have been reasonable and based only upon only the written
 3287  representations made by those persons authorized by the agency
 3288  head to make such representations. Furthermore, The erroneous
 3289  calculation and payment of an employee’s salary, wages, or
 3290  benefits is not among the written representations that which
 3291  will trigger relief under this section.
 3292         (2) An agency of the executive branch, including the State
 3293  University System, may is authorized to take appropriate such
 3294  action as may be appropriate to provide a remedy for an employee
 3295  concerning his or her claim regarding detrimental reliance on
 3296  erroneous written information provided by the employing agency
 3297  relating to pay and benefits if, provided such remedy is within
 3298  the purview of the agency’s authority. The agency may not has no
 3299  authority whatsoever to modify the state retirement system or
 3300  the state insurance program. Any monetary remedy afforded by the
 3301  agency must fall within the agency’s budgetary authority. Any
 3302  person dissatisfied with the outcome of this process may file
 3303  either a grievance pursuant to the agency’s internal grievance
 3304  process or an appeal to the Division of Administrative Hearings
 3305  pursuant to chapter 120, but not both.
 3306         Section 67. Section 112.922, Florida Statutes, is created
 3307  to read:
 3308         112.922Penalties.—
 3309         (1)Any person who willfully violates any provision of this
 3310  part or any rules adopted pursuant to this part commits a
 3311  misdemeanor of the second degree, punishable as provided in s.
 3312  775.082 or s. 775.083.
 3313         (2)Notwithstanding s. 112.011, any person who is convicted
 3314  of a misdemeanor under this part is ineligible for appointment
 3315  to or employment in a state position for 5 years. If such person
 3316  is an employee of the state, he or she must forfeit his or her
 3317  position.
 3318         (3)Imposition of the penalties provided in this section
 3319  may not be in lieu of any action that may be taken or penalties
 3320  that may be imposed pursuant to part III of this chapter.
 3321         Section 68. Section 112.923, Florida Statutes, is created
 3322  to read:
 3323         112.923 Direct deposit.—As a condition of employment, a
 3324  state employee must participate in the direct deposit program
 3325  pursuant to s. 17.076. An employee may request an exemption from
 3326  this subsection if the employee can demonstrate a hardship or if
 3327  the employee is in an other-personal-services position.
 3328         Section 69. Section 110.114, Florida Statutes, is
 3329  transferred, renumbered as section 112.924, Florida Statutes,
 3330  and amended to read:
 3331         112.924 110.114 Employee wage deductions.—
 3332         (1) A state agency may The state or any of its departments,
 3333  bureaus, commissions, and officers are authorized and permitted,
 3334  with the concurrence of the Department of Financial Services, to
 3335  make deductions from the salary or wage of an any employee or
 3336  employees in an such amount as shall be authorized and requested
 3337  by such employee or employees and for such purpose as shall be
 3338  authorized and requested by the such employee or employees and
 3339  shall pay such sums so deducted as directed by the such employee
 3340  or employees. The concurrence of the Department of Financial
 3341  Services is shall not be required for the deduction of a
 3342  certified bargaining agent’s membership dues deductions pursuant
 3343  to s. 447.303 or any deductions authorized by a collective
 3344  bargaining agreement.
 3345         (2) The approval of and making of approved deductions does
 3346  shall not require the approval or making of other requested
 3347  deductions.
 3348         (3) Notwithstanding the provisions of subsections (1) and
 3349  (2), the deduction of an employee’s membership dues deductions
 3350  as defined in s. 447.203(15) for an employee organization as
 3351  defined in s. 447.203(11) shall be authorized or permitted only
 3352  for an organization that has been certified as the exclusive
 3353  bargaining agent pursuant to chapter 447 for a unit of state
 3354  employees in which the employee is included. Such deductions are
 3355  shall be subject to the provisions of s. 447.303.
 3356         (4) Records of employee requests and employer
 3357  authorizations for deductions from an employee’s wage or salary,
 3358  or the legal authority for the deduction, shall be maintained by
 3359  the employer agency each employing entity.
 3360         Section 70. The Division of Statutory Revision is requested
 3361  to create part X of chapter 112, Florida Statutes, to be
 3362  entitled “State Administered Benefits,” and consisting of ss.
 3363  112.940-112.950, Florida Statutes.
 3364         Section 71. Section 110.1227, Florida Statutes, is
 3365  transferred, renumbered as section 112.940, Florida Statutes,
 3366  and paragraph (c) of subsection (1) of that section is amended
 3367  to read:
 3368         112.940 110.1227 Florida Employee Long-Term-Care Plan Act.—
 3369         (1) The Legislature finds that state expenditures for long
 3370  term-care services continue to increase at a rapid rate and that
 3371  the state faces increasing pressure in its efforts to meet the
 3372  long-term-care needs of the public.
 3373         (c) This act in no way affects the Department of Management
 3374  Services’ authority pursuant to s. 112.942 110.123.
 3375         Section 72. Section 110.1228, Florida Statutes, is
 3376  transferred, renumbered as section 112.941, Florida Statutes,
 3377  and subsection (2) of that section is amended to read:
 3378         112.941 110.1228 Participation by small counties, small
 3379  municipalities, and district school boards located in small
 3380  counties.—
 3381         (2) The governing body of a small county or small
 3382  municipality or a district school board may apply for
 3383  participation in the state group health insurance program
 3384  authorized in s. 112.942 110.123 and the prescription drug
 3385  coverage program authorized by s. 112.944 110.12315 by
 3386  submitting an application along with a $500 nonrefundable fee to
 3387  the department.
 3388         Section 73. Section 110.123, Florida Statutes, is
 3389  transferred, renumbered as section 112.941, Florida Statutes,
 3390  and paragraph (f) of subsection (3) and paragraph (c) of
 3391  subsection (4) of that section are amended to read:
 3392         112.942 110.123 State group insurance program.—
 3393         (3) STATE GROUP INSURANCE PROGRAM.—
 3394         (f) Except as provided for in subparagraph (h)2., the state
 3395  contribution toward the cost of any plan in the state group
 3396  insurance program shall be uniform with respect to all state
 3397  employees in a state collective bargaining unit participating in
 3398  the same coverage tier in the same plan. This section does not
 3399  prohibit the development of separate benefit plans for officers
 3400  and employees exempt from the Civil career Service or the
 3401  development of separate benefit plans for each collective
 3402  bargaining unit.
 3403         (4) PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE; LIMITATION
 3404  ON ACTIONS TO PAY AND COLLECT PREMIUMS.—
 3405         (c) During each policy or budget year, no state agency
 3406  shall contribute a greater dollar amount of the premium cost for
 3407  its officers or employees for any plan option under the state
 3408  group insurance program than any other agency for similar
 3409  officers and employees, nor shall any greater dollar amount of
 3410  premium cost be made for employees in one state collective
 3411  bargaining unit than for those in any other state collective
 3412  bargaining unit. Nothing in this section prohibits the use of
 3413  different levels of state contributions for positions exempt
 3414  from the Civil career Service.
 3415         Section 74. Section 110.12312, Florida Statutes, is
 3416  transferred, renumbered as section 112.943, Florida Statutes,
 3417  and amended to read:
 3418         112.943 110.12312 Open enrollment period for retirees.—On
 3419  or after July 1, 1997, the Department of Management Services
 3420  shall provide for an open enrollment period for retired state
 3421  employees who want to obtain health insurance coverage under ss.
 3422  112.942 and 112.944 110.123 and 110.12315. The options offered
 3423  during the open enrollment period must provide the same health
 3424  insurance coverage as the coverage provided to active employees
 3425  under the same premium payment conditions in effect for covered
 3426  retirees, including eligibility for health insurance subsidy
 3427  payments under s. 112.363. A person who separates from
 3428  employment subsequent to May 1, 1988, but whose date of
 3429  retirement occurs on or after August 1, 1995, is eligible as of
 3430  the first open enrollment period occurring after July 1, 1997,
 3431  with an effective date of January 1, 1998, as long as the
 3432  retiree’s enrollment remains in effect.
 3433         Section 75. Section 110.12315, Florida Statutes, is
 3434  transferred and renumbered as section 112.944, Florida Statutes.
 3435         Section 76. Section 110.1232, Florida Statutes, is
 3436  transferred, renumbered as section 112.945, Florida Statutes,
 3437  and amended to read:
 3438         112.945 110.1232 Health insurance coverage for persons
 3439  retired under state-administered retirement systems before
 3440  January 1, 1976, and for spouses.—Notwithstanding any provisions
 3441  of law to the contrary, the Department of Management Services
 3442  shall provide health insurance coverage under the state group
 3443  insurance program for persons who retired before January 1,
 3444  1976, under any of the state-administered retirement systems and
 3445  who are not covered by social security and for the spouses and
 3446  surviving spouses of such retirees who are also not covered by
 3447  social security. Such health insurance coverage shall provide
 3448  the same benefits as provided to other retirees who are entitled
 3449  to participate under s. 112.942 110.123. The claims experience
 3450  of this group shall be commingled with the claims experience of
 3451  other members covered under s. 112.942 110.123.
 3452         Section 77. Section 110.1234, Florida Statutes, is
 3453  transferred and renumbered as section 112.946, Florida Statutes.
 3454         Section 78. Section 110.1238, Florida Statutes, is
 3455  transferred and renumbered as section 112.947, Florida Statues.
 3456         Section 79. Section 110.1239, Florida Statutes, is
 3457  transferred and renumbered as section 112.948, Florida Statutes.
 3458         Section 80. Section 110.161, Florida Statutes, is
 3459  transferred, renumbered as section 112.949, Florida Statutes,
 3460  and paragraph (a) of subsection (6) of that section is amended
 3461  to read:
 3462         112.949 110.161 State employees; pretax benefits program.—
 3463         (6) The Department of Management Services is authorized to
 3464  administer the pretax benefits program established for all
 3465  employees so that employees may receive benefits that are not
 3466  includable in gross income under the Internal Revenue Code of
 3467  1986. The pretax benefits program:
 3468         (a) Shall allow employee contributions to premiums for the
 3469  state group insurance program administered under s. 112.942
 3470  110.123 to be paid on a pretax basis unless an employee elects
 3471  not to participate.
 3472         Section 81. Section 112.950, Florida Statutes, is created
 3473  to read:
 3474         112.950Penalties.—
 3475         (1)Any person who willfully violates any provision of this
 3476  part or any rules adopted pursuant to this part commits a
 3477  misdemeanor of the second degree, punishable as provided in s.
 3478  775.082 or s. 775.083.
 3479         (2)Notwithstanding s. 112.011, any person who is convicted
 3480  of a misdemeanor under this part is ineligible for appointment
 3481  to or employment in a state position for 5 years, or, if an
 3482  employee of the state, must forfeit his or her position.
 3483         (3)Imposition of the penalties provided in this section
 3484  may not be in lieu of any action that may be taken or penalties
 3485  that may be imposed pursuant to part III of this chapter.
 3486         Section 82. The Division of Statutory Revision is requested
 3487  to renumber part IV of chapter 110, Florida statutes, as part
 3488  XI, consisting of ss. 112.961-112.965, and to rename that part
 3489  as “State Volunteer Services.”
 3490         Section 83. Section 110.501, Florida Statutes, is
 3491  transferred, renumbered as section 112.961, Florida Statutes,
 3492  reordered, and amended to read:
 3493         112.961 110.501 Definitions.—As used in this part, the term
 3494  act:
 3495         (2)(1) “Volunteer” means any person who, of his or her own
 3496  free will, provides goods or services, or conveys an interest in
 3497  or otherwise consents to the use of real property pursuant to
 3498  chapter 260, to any state department or agency, or nonprofit
 3499  organization, with no monetary or material compensation. A
 3500  person registered and serving in Older American Volunteer
 3501  Programs authorized by the Domestic Volunteer Service Act of
 3502  1973, as amended (Pub. L. No. 93-113), shall also be defined as
 3503  a volunteer and shall incur no civil liability as provided by s.
 3504  768.1355. A volunteer shall be eligible for payment of volunteer
 3505  benefits as specified in Pub. L. No. 93-113, this section, and
 3506  s. 430.204.
 3507         (2)“Regular-service volunteer” means any person engaged in
 3508  specific voluntary service activities on an ongoing or
 3509  continuous basis.
 3510         (3)“Occasional-service volunteer” means any person who
 3511  offers to provide a one-time or occasional voluntary service.
 3512         (1)(4) “Material donor” means any person who provides
 3513  funds, materials, employment, or opportunities for clients of
 3514  state departments or agencies, without monetary or material
 3515  compensation.
 3516         (3) “State agency” or “agency” means any official, officer,
 3517  commission, board, authority, council, committee, or department
 3518  of the executive branch or judicial branch of state government
 3519  as defined in chapter 216, unless otherwise exempted by law.
 3520         Section 84. Section 110.502, Florida Statutes, is
 3521  transferred, renumbered as section 112.962, Florida Statutes,
 3522  and amended to read:
 3523         110.962 110.502 Scope of act; status of volunteers.—
 3524         (1) Every state department or state agency may, with the
 3525  approval of the agency head, through the head of the department
 3526  or agency, secretary of the department, or executive director of
 3527  the department, is authorized to recruit, train, and accept,
 3528  without regard to the requirements of the Civil State Career
 3529  Service System as set forth in part II of this chapter, the
 3530  services of volunteers, including regular-service volunteers,
 3531  occasional-service volunteers, or material donors, to assist in
 3532  programs administered by the department or agency.
 3533         (2) Volunteers recruited, trained, or accepted by a any
 3534  state department or agency are shall not be subject to any
 3535  provisions of law relating to state employment, a to any
 3536  collective bargaining agreement between the state and any
 3537  employees’ association or union, or to any laws relating to
 3538  hours of work, rates of compensation, leave time, and employee
 3539  benefits, except those consistent with s. 112.964 110.504.
 3540  However, all volunteers shall comply with applicable department
 3541  or agency rules. Volunteers may be required by the agency to
 3542  submit to security background screenings.
 3543         (3) Every state department or agency using utilizing the
 3544  services of volunteers is hereby authorized to provide such
 3545  incidental reimbursement or benefit consistent with s. 112.964
 3546  the provisions of s. 110.504, including transportation costs,
 3547  lodging, and subsistence, identification and safety apparel,
 3548  recognition, and other accommodations as the department or
 3549  agency deems necessary to assist, recognize, reward, or
 3550  encourage volunteers in performing their functions. An No
 3551  department or agency may not shall expend or authorize an
 3552  expenditure greater than therefor in excess of the amount
 3553  provided for to the department or agency by appropriation in any
 3554  fiscal year.
 3555         (4) Persons working with state agencies pursuant to this
 3556  part are shall be considered as unpaid independent volunteers
 3557  and are shall not be entitled to unemployment compensation.
 3558         Section 85. Section 110.503, Florida Statutes, is
 3559  transferred, renumbered as section 112.963, Florida Statutes,
 3560  and amended to read:
 3561         110.963 110.503 Responsibilities of state departments and
 3562  agencies.—Each state department or agency using utilizing the
 3563  services of volunteers shall take such actions as are:
 3564         (1) Take such actions as are Necessary and appropriate to
 3565  develop meaningful opportunities for volunteers involved in
 3566  state-administered programs.
 3567         (2) Necessary to ensure that volunteers are provided with
 3568  the state agency’s policies and procedures applicable to their
 3569  volunteer activities. Comply with the uniform rules adopted by
 3570  the Department of Management Services governing the recruitment,
 3571  screening, training, responsibility, use, and supervision of
 3572  volunteers.
 3573         (3) Take such actions as are Necessary to ensure that
 3574  volunteers understand their duties and responsibilities.
 3575         (4) Necessary to ensure that a state employee whose primary
 3576  employment consists of duties and responsibilities similar to
 3577  those associated with volunteer activities is not considered for
 3578  volunteer work if such work would require payment for overtime
 3579  in accordance with the Fair Labor Standards Act.
 3580         (4)Take such actions as are necessary and appropriate to
 3581  ensure a receptive climate for citizen volunteers.
 3582         (5)Provide for the recognition of volunteers who have
 3583  offered continuous and outstanding service to state-administered
 3584  programs. Each department or agency using the services of
 3585  volunteers is authorized to incur expenditures not to exceed
 3586  $100 each plus applicable taxes for suitable framed
 3587  certificates, plaques, or other tokens of recognition to honor,
 3588  reward, or encourage volunteers for their service.
 3589         (6)Recognize prior volunteer service as partial
 3590  fulfillment of state employment requirements for training and
 3591  experience pursuant to rules adopted by the Department of
 3592  Management Services.
 3593         Section 86. Section 110.504, Florida Statutes, is
 3594  transferred, renumbered as section 112.964, Florida Statutes,
 3595  and amended to read:
 3596         112.964 110.504 Volunteer benefits.—
 3597         (1) Meals may be furnished without charge to regular
 3598  service volunteers serving state agencies if departments,
 3599  provided the scheduled assignment extends over an established
 3600  meal period, and to occasional-service volunteers at the
 3601  discretion of the department head. An agency may not No
 3602  department shall expend or authorize any expenditure greater
 3603  than in excess of the amount provided for by appropriation in
 3604  any fiscal year.
 3605         (2) Lodging, if available, may be furnished temporarily, in
 3606  case of an agency a department emergency, at no charge to
 3607  regular-service volunteers.
 3608         (3) Transportation reimbursement may be furnished to those
 3609  volunteers whose presence is determined to be necessary to the
 3610  agency department. Volunteers may use utilize state vehicles in
 3611  the performance of agency-related department-related duties. An
 3612  agency may not No department shall expend or authorize an
 3613  expenditure greater than in excess of the amount appropriated in
 3614  any fiscal year.
 3615         (4) Volunteers are shall be covered by state liability
 3616  protection in accordance with the definition of a volunteer and
 3617  the provisions of s. 768.28.
 3618         (5) Volunteers shall be covered by workers’ compensation in
 3619  accordance with chapter 440.
 3620         (6) Incidental recognition benefits or incidental
 3621  nonmonetary awards may be furnished to volunteers serving in
 3622  state agencies departments to award, recognize, or encourage
 3623  volunteers for their service. The awards may not cost more than
 3624  in excess of $100 each plus applicable taxes.
 3625         (7) Volunteers, including volunteers receiving a stipend as
 3626  provided by the Domestic Service Volunteer Act of 1973, as
 3627  amended, (Pub. L. No. 93-113), are shall be covered by s.
 3628  768.1355, the Florida Volunteer Protection Act.
 3629         Section 87. Section 112.965, Florida Statutes, is created
 3630  to read:
 3631         112.965Penalties.—
 3632         (1)Any person who willfully violates any provision of this
 3633  part or any rules adopted pursuant to this part commits a
 3634  misdemeanor of the second degree, punishable as provided in s.
 3635  775.082 or s. 775.083.
 3636         (2)Notwithstanding s. 112.011, any person who is convicted
 3637  of a misdemeanor under this part is ineligible for appointment
 3638  to or employment in a state position for 5 years, or, if an
 3639  employee of the state, must forfeit his or her position.
 3640         (3)Imposition of the penalties provided in this section
 3641  may not be in lieu of any action that may be taken or penalties
 3642  that may be imposed pursuant to part III of this chapter.
 3643         Section 88. Sections 110.115, 110.118, 110.124, 110.129,
 3644  110.1521, 110.1522, 110.1523, 110.201, 110.2035, 110.21,
 3645  110.221, 110.406, 110.603, 110.604, and 110.606, Florida
 3646  Statutes, are repealed.
 3647         Section 89. Paragraph (b) of subsection (1) of section
 3648  11.13, Florida Statutes, is amended to read:
 3649         11.13 Compensation of members.—
 3650         (1)
 3651         (b) On Effective July 1, 1986, and each July 1 of each year
 3652  thereafter, the annual salaries of members of the Senate and
 3653  House of Representatives shall be adjusted by the average
 3654  percentage increase in the salaries of civil state career
 3655  service employees for the fiscal year just concluded. The
 3656  Appropriations Committee of each house shall certify to the
 3657  Office of Legislative Services the average percentage increase
 3658  in the salaries of civil state career service employees before
 3659  July 1 of each year. The Office of Legislative Services shall,
 3660  as of July 1 of each year, determine the adjusted annual
 3661  salaries as provided in this paragraph herein.
 3662         Section 90. Paragraph (c) of subsection (1) of section
 3663  20.055, Florida Statutes, is amended to read:
 3664         20.055 Agency inspectors general.—
 3665         (1) For the purposes of this section:
 3666         (c) “Individuals substantially affected” means natural
 3667  persons who have established a real and sufficiently immediate
 3668  injury in fact due to the findings, conclusions, or
 3669  recommendations of a final report of a state agency inspector
 3670  general, who are the subject of the audit or investigation, and
 3671  who do not have or are not currently afforded an existing right
 3672  to an independent review process. The term does not include:
 3673         1. Employees of the state, including civil career service,
 3674  probationary, other personal service, selected exempt service,
 3675  and senior management service employees, are not covered by this
 3676  definition. This definition also does not cover
 3677         2. Former employees of the state if the final report of the
 3678  state agency inspector general relates to matters arising during
 3679  a former employee’s term of state employment. This definition
 3680  does not apply to
 3681         3. Persons who are the subject of audits or investigations
 3682  conducted pursuant to ss. 112.3187-112.31895 or s. 409.913 or
 3683  which are otherwise confidential and exempt under s. 119.07.
 3684         Section 91. Subsection (6) of section 20.21, Florida
 3685  Statutes, is amended to read:
 3686         20.21 Department of Revenue.—There is created a Department
 3687  of Revenue.
 3688         (6) Notwithstanding s. 112.942 the provisions of s.
 3689  110.123, relating to the state group insurance program, the
 3690  department may pay, or participate in the payment of, premiums
 3691  for health, accident, and life insurance for its full-time out
 3692  of-state employees, pursuant to such rules as it may adopt,
 3693  which and such payments are shall be in addition to the
 3694  employees’ the regular salaries of such full-time out-of-state
 3695  employees.
 3696         Section 92. Paragraph (e) of subsection (1) and subsection
 3697  (6) of section 20.23, Florida Statutes, as amended by chapter
 3698  2009-271, Laws of Florida, are amended to read:
 3699         20.23 Department of Transportation.—There is created a
 3700  Department of Transportation which shall be a decentralized
 3701  agency.
 3702         (1)
 3703         (e) The Any secretary appointed after July 5, 1989, and the
 3704  assistant secretaries are shall be exempt from part IV the
 3705  provisions of part III of chapter 110 and shall receive
 3706  compensation commensurate with their qualifications and
 3707  competitive with compensation for comparable responsibility in
 3708  the private sector.
 3709         (6) Notwithstanding the provisions of s. 110.205, the
 3710  Department of Management Services may is authorized to exempt
 3711  positions within the Department of Transportation which are
 3712  comparable to positions within the Senior Management Service
 3713  pursuant to s. 110.205(2)(g) 110.205(2)(j) or positions that
 3714  which are comparable to positions in the Selected Exempt Service
 3715  under s. 110.205(2)(i) 110.205(2)(m).
 3716         Section 93. Subsection (2) of section 20.255, Florida
 3717  Statutes, is amended to read:
 3718         20.255 Department of Environmental Protection.—There is
 3719  created a Department of Environmental Protection.
 3720         (2)(a) There shall be three deputy secretaries who are to
 3721  be appointed by and shall serve at the pleasure of the
 3722  secretary. The secretary may assign any deputy secretary the
 3723  responsibility to supervise, coordinate, and formulate policy
 3724  for any division, office, or district. The following special
 3725  offices are established and headed by managers, each of whom is
 3726  to be appointed by and serve at the pleasure of the secretary:
 3727         1. Office of Chief of Staff;
 3728         2. Office of General Counsel;
 3729         3. Office of Inspector General;
 3730         4. Office of External Affairs;
 3731         5. Office of Legislative Affairs;
 3732         6. Office of Intergovernmental Programs; and
 3733         7. Office of Greenways and Trails.
 3734         (b) There shall be six administrative districts involved in
 3735  regulatory matters of waste management, water resource
 3736  management, wetlands, and air resources, which shall be headed
 3737  by managers, each of whom is to be appointed by and serve at the
 3738  pleasure of the secretary. Divisions of the department may have
 3739  one assistant or two deputy division directors, as required to
 3740  facilitate effective operation.
 3741  
 3742  The managers of all divisions and offices specifically named in
 3743  this section and the directors of the six administrative
 3744  districts are exempt from part II of chapter 110 and are
 3745  included in the Senior Management Service in accordance with s.
 3746  110.205(2)(g) 110.205(2)(j).
 3747         Section 94. Paragraph (d) of subsection (19) of section
 3748  24.105, Florida Statutes, is amended to read:
 3749         24.105 Powers and duties of department.—The department
 3750  shall:
 3751         (19) Employ division directors and other staff as may be
 3752  necessary to carry out the provisions of this act; however:
 3753         (d) The department shall establish and maintain a personnel
 3754  program for its employees, including a personnel classification
 3755  and pay plan that which may provide any or all of the benefits
 3756  provided in the Senior Management Service or Selected Exempt
 3757  Service. Each officer or employee of the department is shall be
 3758  a member of the Florida Retirement System. The retirement class
 3759  of each officer or employee is shall be the same as other
 3760  persons performing comparable functions for other agencies.
 3761  Employees of the department shall serve at the pleasure of the
 3762  secretary and are shall be subject to suspension, dismissal,
 3763  reduction in pay, demotion, transfer, or other personnel action
 3764  at the discretion of the secretary. Such personnel actions are
 3765  exempt from the provisions of chapter 120. All employees of the
 3766  department are exempt from the Civil Career Service System
 3767  provided in chapter 110 and, notwithstanding the provisions of
 3768  s. 110.205(3) 110.205(5), are not included in either the Senior
 3769  Management Service or the Selected Exempt Service. However, all
 3770  employees of the department are subject to all standards of
 3771  conduct adopted by rule for civil career service and senior
 3772  management employees pursuant to chapter 110. In the event of a
 3773  conflict between standards of conduct applicable to employees of
 3774  the Department of the Lottery, the more restrictive standard
 3775  applies shall apply. Interpretations as to the more restrictive
 3776  standard may be provided by the Commission on Ethics upon
 3777  request of an advisory opinion pursuant to s. 112.322(3)(a), and
 3778  for purposes of this subsection, the opinion shall be considered
 3779  final action.
 3780         Section 95. Paragraph (d) of subsection (4) of section
 3781  24.122, Florida Statutes, is amended to read:
 3782         24.122 Exemption from taxation; state preemption;
 3783  inapplicability of other laws.—
 3784         (4) Any state or local law providing any penalty,
 3785  disability, restriction, or prohibition for the possession,
 3786  manufacture, transportation, distribution, advertising, or sale
 3787  of any lottery ticket, including chapter 849, shall not apply to
 3788  the tickets of the state lottery operated pursuant to this act;
 3789  nor shall any such law apply to the possession of a ticket
 3790  issued by any other government-operated lottery. In addition,
 3791  activities of the department under this act are exempt from the
 3792  provisions of:
 3793         (d) Section 112.907 110.131, relating to other personal
 3794  services.
 3795         Section 96. Paragraph (b) of subsection (1) of section
 3796  30.071, Florida Statutes, is amended to read:
 3797         30.071 Applicability and scope of act.—
 3798         (1) This act applies to all deputy sheriffs, with the
 3799  following exceptions:
 3800         (b) Deputy sheriffs in a county that, by special act of the
 3801  Legislature, local charter, ordinance, or otherwise, has
 3802  established a civil or career service system that which grants
 3803  collective bargaining rights for deputy sheriffs, including, but
 3804  not limited to, deputy sheriffs in the following counties:
 3805  Broward, Miami-Dade, Duval, Escambia, and Volusia.
 3806         Section 97. Subsection (4) of section 43.16, Florida
 3807  Statutes, is amended to read:
 3808         43.16 Justice Administrative Commission; membership, powers
 3809  and duties.—
 3810         (4)(a) The Justice Administrative Commission shall employ
 3811  an executive director and fix his or her salary. The executive
 3812  director shall employ any necessary personnel for the efficient
 3813  performance of the commission according to a classification and
 3814  pay plan annually approved by the commission.
 3815         (b) Pursuant to s. 110.205(2)(r), all employees of or
 3816  within the commission are exempt from the Civil Career Service
 3817  System provided in chapter 110 and, notwithstanding s.
 3818  110.205(3) 110.205(5), are not included in the Senior Management
 3819  Service or the Selected Exempt Service. The commission shall
 3820  annually approve a classification plan and salary and benefits
 3821  plan.
 3822         (c) Employees in permanent positions must be offered
 3823  benefits comparable to those offered under the Civil Career
 3824  Service System.
 3825         (d) The commission may offer benefits greater than in
 3826  excess of those offered under the Civil Career Service System
 3827  only to employees who are appointed to positions designated as
 3828  having managerial or policymaking duties or positions requiring
 3829  membership in The Florida Bar.
 3830         (e) By January 15th of each year, the commission shall
 3831  submit to the Executive Office of the Governor, the President of
 3832  the Senate, and the Speaker of the House of Representatives a
 3833  listing of all positions receiving benefits greater than those
 3834  benefits offered under the Civil Career Service System. Any
 3835  change in the positions that are offered greater benefits or any
 3836  change in the level of benefits is subject to the notice and
 3837  objection procedures of s. 216.177.
 3838         Section 98. Subsection (4) of section 104.31, Florida
 3839  Statutes, is amended to read:
 3840         104.31 Political activities of state, county, and municipal
 3841  officers and employees.—
 3842         (4) Nothing contained in this section or in any county or
 3843  municipal charter shall be deemed to prohibit any public
 3844  employee from expressing his or her opinions on any candidate or
 3845  issue or from participating in any political campaign during the
 3846  employee’s off-duty hours, so long as such activities are not in
 3847  conflict with the provisions of subsection (1) or s. 110.1075
 3848  110.233.
 3849         Section 99. Subsection (4) of section 106.24, Florida
 3850  Statutes, is amended to read:
 3851         106.24 Florida Elections Commission; membership; powers;
 3852  duties.—
 3853         (4) The commission shall appoint an executive director, who
 3854  shall serve under the direction, supervision, and control of the
 3855  commission. The executive director, with the consent of the
 3856  commission, shall employ such staff as are necessary to
 3857  adequately perform the functions of the commission, within
 3858  budgetary limitations. All employees, except the executive
 3859  director and attorneys, are subject to part II of chapter 110.
 3860  The executive director shall serve at the pleasure of the
 3861  commission and is be subject to part IV III of chapter 110,
 3862  except that the commission shall have complete authority for
 3863  setting the executive director’s salary. Attorneys employed by
 3864  the commission are shall be subject to part III V of chapter
 3865  110.
 3866         Section 100. Subsection (4) of section 112.044, Florida
 3867  Statutes, is amended to read:
 3868         112.044 Public employers, employment agencies, labor
 3869  organizations; discrimination based on age prohibited;
 3870  exceptions; remedy.—
 3871         (4) APPEAL; CIVIL SUIT AUTHORIZED.—Any employee of the
 3872  state who is within the Civil Career Service System established
 3873  by chapter 110 and who is aggrieved by a violation of this act
 3874  may appeal to the Public Employees Relations Commission under
 3875  the conditions and following the procedures prescribed in part
 3876  II of chapter 447. Any person other than an employee who is
 3877  within the Civil Career Service System established by chapter
 3878  110, or any person employed by the Public Employees Relations
 3879  Commission, who is aggrieved by a violation of this act may
 3880  bring a civil action in any court of competent jurisdiction for
 3881  such legal or equitable relief as will effectuate the purposes
 3882  of this act.
 3883         Section 101. Section 112.0805, Florida Statutes, is amended
 3884  to read:
 3885         112.0805 Employer notice of insurance eligibility to
 3886  employees who retire.—An Any employer who provides insurance
 3887  coverage under s.112.942 110.123 or s. 112.0801 shall notify
 3888  those employees who retire of their eligibility to participate
 3889  in either the same group insurance plan or self-insurance plan
 3890  as provided in ss. 112.942 110.123 and 112.0801, or the
 3891  insurance coverage as provided by this law.
 3892         Section 102. Paragraph (a) of subsection (9) of section
 3893  112.313, Florida Statutes, is amended to read:
 3894         112.313 Standards of conduct for public officers, employees
 3895  of agencies, and local government attorneys.—
 3896         (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
 3897  LEGISLATORS AND LEGISLATIVE EMPLOYEES.—
 3898         (a)1. It is the intent of the Legislature to implement by
 3899  statute the provisions of s. 8(e), Art. II of the State
 3900  Constitution relating to legislators, statewide elected
 3901  officers, appointed state officers, and designated public
 3902  employees.
 3903         2. As used in this paragraph:
 3904         a. “Employee” means:
 3905         (I) Any person employed in the executive or legislative
 3906  branch of government holding a position in the Senior Management
 3907  Service as defined in s. 110.402 or any person holding a
 3908  position in the Selected Exempt Service as defined in s.
 3909  110.3021 110.602 or any person having authority over policy or
 3910  procurement employed by the Department of the Lottery.
 3911         (II) The Auditor General, the director of the Office of
 3912  Program Policy Analysis and Government Accountability, the
 3913  Sergeant at Arms and Secretary of the Senate, and the Sergeant
 3914  at Arms and Clerk of the House of Representatives.
 3915         (III) The executive director of the Legislative Committee
 3916  on Intergovernmental Relations and the executive director and
 3917  deputy executive director of the Commission on Ethics.
 3918         (IV) An executive director, staff director, or deputy staff
 3919  director of each joint committee, standing committee, or select
 3920  committee of the Legislature; an executive director, staff
 3921  director, executive assistant, analyst, or attorney of the
 3922  Office of the President of the Senate, the Office of the Speaker
 3923  of the House of Representatives, the Senate Majority Party
 3924  Office, Senate Minority Party Office, House Majority Party
 3925  Office, or House Minority Party Office; or any person, hired on
 3926  a contractual basis, having the power normally conferred upon
 3927  such persons, by whatever title.
 3928         (V) The Chancellor and Vice Chancellors of the State
 3929  University System; the general counsel to the Board of Governors
 3930  of the State University System; and the president, provost, vice
 3931  presidents, and deans of each state university.
 3932         (VI) Any person, including an other-personal-services
 3933  employee, having the power normally conferred upon the positions
 3934  referenced in this sub-subparagraph.
 3935         b. “Appointed state officer” means any member of an
 3936  appointive board, commission, committee, council, or authority
 3937  of the executive or legislative branch of state government whose
 3938  powers, jurisdiction, and authority are not solely advisory and
 3939  include the final determination or adjudication of any personal
 3940  or property rights, duties, or obligations, other than those
 3941  relative to its internal operations.
 3942         c. “State agency” means an entity of the legislative,
 3943  executive, or judicial branch of state government over which the
 3944  Legislature exercises plenary budgetary and statutory control.
 3945         3. A No member of the Legislature, appointed state officer,
 3946  or statewide elected officer may not shall personally represent
 3947  another person or entity for compensation before the government
 3948  body or agency of which the individual was an officer or member
 3949  for a period of 2 years following vacation of office. A No
 3950  member of the Legislature may not shall personally represent
 3951  another person or entity for compensation during his or her term
 3952  of office before any state agency other than judicial tribunals
 3953  or in settlement negotiations after the filing of a lawsuit.
 3954         4. An agency employee, including an agency employee who was
 3955  employed on July 1, 2001, in a civil Career service System
 3956  position that was transferred to the Selected Exempt Service
 3957  System under chapter 2001-43, Laws of Florida, may not
 3958  personally represent another person or entity for compensation
 3959  before the agency with which he or she was employed for a period
 3960  of 2 years following vacation of position, unless employed by
 3961  another agency of state government.
 3962         5. Any person violating this paragraph is shall be subject
 3963  to the penalties provided in s. 112.317 and a civil penalty of
 3964  an amount equal to the compensation that which the person
 3965  receives for the prohibited conduct.
 3966         6. This paragraph is not applicable to:
 3967         a. A person employed by the Legislature or other agency
 3968  before prior to July 1, 1989;
 3969         b. A person who was employed by the Legislature or other
 3970  agency on July 1, 1989, whether or not the person was a defined
 3971  employee on July 1, 1989;
 3972         c. A person who was a defined employee of the State
 3973  University System or the Public Service Commission who held such
 3974  employment on December 31, 1994;
 3975         d. A person who has reached normal retirement age as
 3976  defined in s. 121.021(29), and who has retired under the
 3977  provisions of chapter 121 by July 1, 1991; or
 3978         e. Any appointed state officer whose term of office began
 3979  before January 1, 1995, unless reappointed to that office on or
 3980  after January 1, 1995.
 3981         Section 103. Paragraph (b) of subsection (1) of section
 3982  112.3145, Florida Statutes, is amended to read:
 3983         112.3145 Disclosure of financial interests and clients
 3984  represented before agencies.—
 3985         (1) For purposes of this section, unless the context
 3986  otherwise requires, the term:
 3987         (b) “Specified state employee” means:
 3988         1. Public counsel created by chapter 350, an assistant
 3989  state attorney, an assistant public defender, a full-time state
 3990  employee who serves as counsel or assistant counsel to any state
 3991  agency, the Deputy Chief Judge of Compensation Claims, a judge
 3992  of compensation claims, an administrative law judge, or a
 3993  hearing officer.
 3994         2. Any person employed in the office of the Governor or in
 3995  the office of any member of the Cabinet if that person is exempt
 3996  from the Civil Career Service System, except persons employed in
 3997  clerical, secretarial, or similar positions.
 3998         3. The State Surgeon General or each appointed secretary,
 3999  assistant secretary, deputy secretary, executive director,
 4000  assistant executive director, or deputy executive director of
 4001  each state department, commission, board, or council; unless
 4002  otherwise provided, the division director, assistant division
 4003  director, deputy director, bureau chief, and assistant bureau
 4004  chief of any state department or division; or any person having
 4005  the power normally conferred upon such persons, by whatever
 4006  title.
 4007         4. The superintendent or institute director of a state
 4008  mental health institute established for training and research in
 4009  the mental health field or the warden or director of any major
 4010  state institution or facility established for corrections,
 4011  training, treatment, or rehabilitation.
 4012         5. Business managers, purchasing agents having the power to
 4013  make any purchase exceeding the threshold amount provided for in
 4014  s. 287.017 for CATEGORY ONE, finance and accounting directors,
 4015  personnel officers, or grants coordinators for any state agency.
 4016         6. Any person, other than a legislative assistant exempted
 4017  by the presiding officer of the house that employs by which the
 4018  legislative assistant is employed, who is employed in the
 4019  legislative branch of government, except persons employed in
 4020  maintenance, clerical, secretarial, or similar positions.
 4021         7. Each employee of the Commission on Ethics.
 4022         Section 104. Paragraph (a) of subsection (2) of section
 4023  112.363, Florida Statutes, is amended to read:
 4024         112.363 Retiree health insurance subsidy.—
 4025         (2) ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.—
 4026         (a) A person who is retired under a state-administered
 4027  retirement system, or a beneficiary who is a spouse or financial
 4028  dependent entitled to receive benefits under a state
 4029  administered retirement system, is eligible for health insurance
 4030  subsidy payments provided under this section; except that
 4031  pension recipients under ss. 121.40, 238.07(18)(a), and 250.22,
 4032  recipients of health insurance coverage under s. 112.945
 4033  110.1232, or any other special pension or relief act are shall
 4034  not be eligible for such payments.
 4035         Section 105. Subsections (11) and (38) of section 121.021,
 4036  Florida Statutes, are amended to read:
 4037         121.021 Definitions.—The following words and phrases as
 4038  used in this chapter have the respective meanings set forth
 4039  unless a different meaning is plainly required by the context:
 4040         (11) “Officer or employee” means any person receiving
 4041  salary payments for work performed in a regularly established
 4042  position and, if employed by a municipality, a metropolitan
 4043  planning organization, or a special district, employed in a
 4044  covered group. The term does not apply to state employees
 4045  covered by a leasing agreement under s. 112.919 110.191, other
 4046  public employees covered by a leasing agreement, or a coemployer
 4047  relationship.
 4048         (38) “Continuous service” means creditable service as a
 4049  member, beginning with the first day of employment with an
 4050  employer covered under a state-administered retirement system
 4051  consolidated herein and continuing for as long as the member
 4052  remains in an employer-employee relationship with the an
 4053  employer covered under this chapter. An absence of 1 calendar
 4054  month or more from an employer’s payroll is shall be considered
 4055  a break in continuous service, except for periods of absence
 4056  during which an employer-employee relationship continues to
 4057  exist and such period of absence is creditable under this
 4058  chapter or under one of the existing systems consolidated
 4059  herein. However, a law enforcement officer as defined in s.
 4060  121.0515(2)(a) who was a member of a state-administered
 4061  retirement system under chapter 122 or chapter 321 and who
 4062  resigned and was subsequently reemployed in a law enforcement
 4063  position within 12 calendar months of such resignation by an
 4064  employer under a such state-administered retirement system is
 4065  shall be deemed not to have not experienced a break in service.
 4066  Further, with respect to a state-employed law enforcement
 4067  officer who meets the criteria specified in s. 121.0515(2)(a),
 4068  if the absence from the employer’s payroll is the result of a
 4069  “layoff” as defined in s. 110.1054 110.107 or a resignation to
 4070  run for an elected office that meets the criteria specified in
 4071  s. 121.0515(2)(a), no break in continuous service shall be
 4072  deemed to have occurred if the member is reemployed as a state
 4073  law enforcement officer or is elected to an office that which
 4074  meets the criteria specified in s. 121.0515(2)(a) within 12
 4075  calendar months after the date of the layoff or resignation,
 4076  notwithstanding the fact that such period of layoff or
 4077  resignation is not creditable service under this chapter. A
 4078  withdrawal of contributions constitutes will constitute a break
 4079  in service. Continuous service also includes past service
 4080  purchased under this chapter if, provided such service is
 4081  continuous within this definition and the rules established by
 4082  the administrator. The administrator may establish
 4083  administrative rules and procedures for applying this definition
 4084  to creditable service authorized under this chapter. Any
 4085  correctional officer, as defined in s. 943.10, whose
 4086  participation in the state-administered retirement system is
 4087  terminated due to the transfer of a county detention facility
 4088  through a contractual agreement with a private entity pursuant
 4089  to s. 951.062, is shall be deemed an employee with continuous
 4090  service in the Special Risk Class if, provided return to
 4091  employment with the former employer takes place within 3 years
 4092  due to contract termination or the officer is employed by a
 4093  covered employer in a special risk position within 1 year after
 4094  his or her initial termination of employment by such transfer of
 4095  its detention facilities to the private entity.
 4096         Section 106. Paragraph (f) of subsection (2) of section
 4097  121.051, Florida Statutes, is amended to read:
 4098         121.051 Participation in the system.—
 4099         (2) OPTIONAL PARTICIPATION.—
 4100         (f)1. If an employer that participates in the Florida
 4101  Retirement System undertakes the transfer, merger, or
 4102  consolidation of governmental services or assumes the functions
 4103  and activities of an employing governmental entity that was not
 4104  an employer under the system, the employer must notify the
 4105  department at least 60 days before such action and provide
 4106  documentation as required by the department. Such The transfer,
 4107  merger, or consolidation of governmental services or assumption
 4108  of governmental functions and activities must occur between
 4109  public employers. The current or former employer may pay the
 4110  employees’ past service cost, unless prohibited under this
 4111  chapter. This subparagraph does not apply to the transfer,
 4112  merger, or consolidation of governmental services or assumption
 4113  of functions and activities of a public entity under a leasing
 4114  agreement having a coemployer relationship. Employers and
 4115  employees of a public governmental employer whose service is
 4116  covered by a leasing agreement under s. 112.919 110.191, any
 4117  other leasing agreement, or a coemployer relationship may not
 4118  are not eligible to participate in the Florida Retirement
 4119  System.
 4120         2. If the agency to which a member’s employing unit is
 4121  transferred, merged, or consolidated does not participate in the
 4122  Florida Retirement System, a member may elect in writing to
 4123  remain in the Florida Retirement system or to transfer to the
 4124  local retirement system operated by the agency. If the agency
 4125  does not participate in a local retirement system, the member
 4126  shall continue membership in the Florida Retirement System. In
 4127  either case, membership continues for as long as the member is
 4128  employed by the agency to which his or her unit was transferred,
 4129  merged, or consolidated.
 4130         Section 107. Paragraph (a) of subsection (1) of section
 4131  121.055, Florida Statutes, is amended to read:
 4132         121.055 Senior Management Service Class.—There is hereby
 4133  established a separate class of membership within the Florida
 4134  Retirement System to be known as the “Senior Management Service
 4135  Class.,which shall become effective February 1, 1987.
 4136         (1)(a) Participation in the Senior Management Service Class
 4137  is shall be limited to and compulsory for any member of the
 4138  Florida Retirement System who holds a position in the Senior
 4139  Management Service of the State of Florida, established under by
 4140  part IV III of chapter 110, unless such member elects, within
 4141  the time specified herein, to participate in the Senior
 4142  Management Service Optional Annuity Program as established in
 4143  subsection (6).
 4144         Section 108. Paragraph (a) of subsection (2) of section
 4145  121.35, Florida Statutes, is amended to read:
 4146         121.35 Optional retirement program for the State University
 4147  System.—
 4148         (2) ELIGIBILITY FOR PARTICIPATION IN OPTIONAL PROGRAM.—
 4149         (a) Participation in the optional retirement program is
 4150  provided by this section shall be limited to persons who are
 4151  otherwise eligible for membership or renewed membership in the
 4152  Florida Retirement System and who are employed in one of the
 4153  following State University System positions:
 4154         1. Positions classified as instructional and research
 4155  faculty which are exempt from the Civil career Service under the
 4156  provisions of s. 110.205(2)(d).
 4157         2. Positions classified as administrative and professional
 4158  which are exempt from the Civil career Service under the
 4159  provisions of s. 110.205(2)(d).
 4160         3. The Chancellor and the university presidents.
 4161         Section 109. Section 145.19, Florida Statutes, is amended
 4162  to read:
 4163         145.19 Annual percentage increases based on increase for
 4164  civil state career service employees; limitation.—
 4165         (1) As used in this section, the term:
 4166         (a) “Annual factor” means 1 plus the lesser of:
 4167         1. The average percentage increase in the salaries of civil
 4168  state career service employees for the current fiscal year as
 4169  determined by the Department of Management Services or as
 4170  provided in the General Appropriations Act; or
 4171         2. Seven percent.
 4172         (b) “Cumulative annual factor” means the product of all
 4173  annual factors certified under this act before prior to the
 4174  fiscal year for which salaries are being calculated.
 4175         (c) “Initial factor” means a factor of 1.292, which is a
 4176  product, rounded to the nearest thousandth, of an earlier cost
 4177  of-living increase factor authorized by chapter 73-173, Laws of
 4178  Florida, and intended by the Legislature to be preserved in
 4179  adjustments to salaries made before the prior to enactment of
 4180  chapter 76-80, Laws of Florida, multiplied by the annual
 4181  increase factor authorized by chapter 79-327, Laws of Florida.
 4182         (2) Each fiscal year, the salaries of all officials listed
 4183  in this chapter, s. 1001.395, and s. 1001.47 shall be adjusted.
 4184  The adjusted salary rate is shall be the product, rounded to the
 4185  nearest dollar, of the salary rate granted by the appropriate
 4186  section of this chapter, s. 1001.395, or s. 1001.47 multiplied
 4187  first by the initial factor, then by the cumulative annual
 4188  factor, and finally by the annual factor. The Department of
 4189  Management Services shall certify the annual factor and the
 4190  cumulative annual factors. Any special qualification salary
 4191  received under this chapter, s. 1001.47, or the annual
 4192  performance salary incentive available to elected
 4193  superintendents under s. 1001.47 shall be added to the such
 4194  adjusted salary rate. The special qualification salary is shall
 4195  be $2,000, but shall not exceed $2,000.
 4196         Section 110. Subsection (2) of section 216.011, Florida
 4197  Statutes, is amended to read:
 4198         216.011 Definitions.—
 4199         (2) For purposes of this chapter, terms related to the
 4200  State Personnel System are personnel affairs of the state shall
 4201  be defined as set forth in s. 110.1054 110.107.
 4202         Section 111. Paragraph (b) of subsection (10) of section
 4203  216.181, Florida Statutes, is amended to read:
 4204         216.181 Approved budgets for operations and fixed capital
 4205  outlay.—
 4206         (10)
 4207         (b) Lump-sum salary bonuses may be provided only if
 4208  specifically appropriated or provided pursuant to s. 110.1245 or
 4209  s. 216.1815.
 4210         Section 112. Section 287.175, Florida Statutes, is amended
 4211  to read:
 4212         287.175 Penalties.—A violation of this part or a rule
 4213  adopted hereunder, pursuant to applicable constitutional and
 4214  statutory procedures, constitutes misuse of public position as
 4215  defined in s. 112.313(6), and is punishable as provided in s.
 4216  112.317. The Chief Financial Officer shall report incidents of
 4217  suspected misuse to the Commission on Ethics, and the commission
 4218  shall investigate possible violations of this part or rules
 4219  adopted hereunder when reported by the Chief Financial Officer,
 4220  notwithstanding the provisions of s. 112.324. Any violation of
 4221  this part or a rule is adopted hereunder shall be presumed to
 4222  have been committed with wrongful intent, but such presumption
 4223  is rebuttable. Nothing in This section is not intended to deny
 4224  rights provided to civil career service employees by s. 110.227.
 4225         Section 113. Paragraph (a) of subsection (4) of section
 4226  295.07, Florida Statutes, is amended to read:
 4227         295.07 Preference in appointment and retention.—
 4228         (4) The following positions are exempt from this section:
 4229         (a) Those positions that are exempt from the Civil state
 4230  Career Service System under s. 110.205.(2); However, all
 4231  positions under the University Support Personnel System of the
 4232  State University System as well as all civil Career service
 4233  System positions under the Florida Community College System and
 4234  the School for the Deaf and the Blind, or the equivalent of such
 4235  positions at state universities, community colleges, or the
 4236  School for the Deaf and the Blind, are included.
 4237         Section 114. Paragraph (a) of subsection (1) of section
 4238  295.09, Florida Statutes, is amended to read:
 4239         295.09 Reinstatement or reemployment; promotion
 4240  preference.—
 4241         (1)(a) If When an employee of the state or any of its
 4242  political subdivisions employed in a position subject or not
 4243  subject to a civil career service system or other merit-type
 4244  system, with the exception of those positions that which are
 4245  exempt pursuant to s. 295.07(4), has served in the Armed Forces
 4246  of the United States and is discharged or separated therefrom
 4247  with an honorable discharge, the state or its political
 4248  subdivision shall reemploy or reinstate such person to the same
 4249  position that he or she held before prior to such service in the
 4250  armed forces, or to an equivalent position, if provided such
 4251  person returns to the position within 1 year of his or her date
 4252  of separation or, in cases of extended active duty, within 1
 4253  year of the date of discharge or separation subsequent to the
 4254  extension. Such person shall also be awarded preference in
 4255  promotion and shall be promoted ahead of all others who are as
 4256  well qualified or less qualified for the position. If When an
 4257  examination for promotion is used utilized, such person shall be
 4258  awarded preference points, as provided in s. 295.08, and shall
 4259  be promoted ahead of all those who appear in an equal or lesser
 4260  position on the promotional register, provided he or she first
 4261  successfully passes the examination for the promotional
 4262  position.
 4263         Section 115. Subsection (3) of section 296.04, Florida
 4264  Statutes, is amended to read:
 4265         296.04 Administrator; duties and qualifications;
 4266  responsibilities.—
 4267         (3) The administrator position shall be assigned to the
 4268  Selected Exempt Service under part III V of chapter 110. The
 4269  director shall give veterans’ preference in selecting an
 4270  administrator, as provided in ss. 295.07 and 295.085. In
 4271  addition, the administrator must have at least a 4-year degree
 4272  from an accredited university or college and 3 years of
 4273  administrative experience in a health care facility, or any
 4274  equivalent combination of experience, training, and education
 4275  totaling 7 years in work relating to administration of a health
 4276  care facility.
 4277         Section 116. Subsection (2) of section 296.34, Florida
 4278  Statutes, is amended to read:
 4279         296.34 Administrator; qualifications, duties, and
 4280  responsibilities.—
 4281         (2) The position shall be assigned to the Selected Exempt
 4282  Service under part III V of chapter 110. The director shall give
 4283  veterans preference in selecting an administrator, as provided
 4284  in ss. 295.07 and 295.085. The administrator, at the time of
 4285  entering employment and at all times while employed as the
 4286  administrator must hold a current valid license as a nursing
 4287  home administrator under part II of chapter 468.
 4288         Section 117. Subsection (2) of section 381.00315, Florida
 4289  Statutes, is amended to read:
 4290         381.00315 Public health advisories; public health
 4291  emergencies.—The State Health Officer is responsible for
 4292  declaring public health emergencies and issuing public health
 4293  advisories.
 4294         (2) Individuals who assist the State Health Officer at his
 4295  or her request on a volunteer basis during a public health
 4296  emergency are entitled to the benefits specified in s.
 4297  112.964(2)-(5) 110.504(2), (3), (4), and (5).
 4298         Section 118. Paragraph (e) of subsection (3) of section
 4299  381.85, Florida Statutes, is amended to read:
 4300         381.85 Biomedical and social research.—
 4301         (3) REVIEW COUNCIL FOR BIOMEDICAL AND SOCIAL RESEARCH.—
 4302         (e) The council shall be staffed by an executive director
 4303  and a secretary who shall be appointed by the council and who
 4304  are shall be exempt from the provisions of part II of chapter
 4305  110 relating to the Civil Career Service System.
 4306         Section 119. Paragraph (a) of subsection (3) of section
 4307  394.47865, Florida Statutes, is amended to read:
 4308         394.47865 South Florida State Hospital; privatization.—
 4309         (3)(a) Current South Florida State Hospital employees who
 4310  are affected by the privatization shall be given first
 4311  preference for continued employment by the contractor. The
 4312  department shall make reasonable efforts to find suitable job
 4313  placements for employees who wish to remain within the state
 4314  Civil Career Service System.
 4315         Section 120. Section 402.3057, Florida Statutes, is amended
 4316  to read:
 4317         402.3057 Persons not required to be refingerprinted or
 4318  rescreened.—Notwithstanding any other provision of law to the
 4319  contrary notwithstanding, human resource personnel who have been
 4320  fingerprinted or screened pursuant to chapters 393, 394, 397,
 4321  402, and 409, and teachers and noninstructional personnel who
 4322  have been fingerprinted pursuant to chapter 1012, who have not
 4323  been unemployed for more than 90 days thereafter, and who under
 4324  the penalty of perjury attest to the completion of such
 4325  fingerprinting or screening and to compliance with the
 4326  provisions of this section and the standards for good moral
 4327  character as contained in such provisions as ss. 110.1127(3),
 4328  393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(6),
 4329  are shall not be required to be refingerprinted or rescreened in
 4330  order to comply with any caretaker screening or fingerprinting
 4331  requirements.
 4332         Section 121. Paragraph (a) of subsection (2) of section
 4333  402.55, Florida Statutes, is amended to read:
 4334         402.55 Management fellows program.—
 4335         (2) The departments are authorized to establish a
 4336  management fellows program in order to provide highly qualified
 4337  career candidates for key administrative and managerial
 4338  positions in the departments. Such program shall include, but is
 4339  not limited to:
 4340         (a) The identification annually by the secretaries, the
 4341  assistant secretaries, and the district administrator in each
 4342  district of one high-potential civil career service employee
 4343  each, to be designated and appointed to serve as a full-time
 4344  health and rehabilitative services management fellow for a
 4345  period of 1 year.
 4346         Section 122. Subsection (4) of section 402.7305, Florida
 4347  Statutes, is amended to read:
 4348         402.7305 Department of Children and Family Services;
 4349  procurement of contractual services; contract management.—
 4350         (4) CONTRACT MONITORING REQUIREMENTS AND PROCESS.—The
 4351  department shall establish contract monitoring units staffed by
 4352  civil career service employees who report to a member of the
 4353  Selected Exempt Service or Senior Management Service and who
 4354  have been properly trained to perform contract monitoring, with
 4355  at least one member of the contract monitoring unit possessing
 4356  specific knowledge and experience in the contract’s program
 4357  area. The department shall establish a contract monitoring
 4358  process that includes must include, but need not be limited to,
 4359  the following requirements:
 4360         (a) Performing a risk assessment at the start of each
 4361  fiscal year and preparing an annual contract monitoring schedule
 4362  that includes consideration for the level of risk assigned. The
 4363  department may monitor any contract at any time regardless of
 4364  whether such monitoring was originally included in the annual
 4365  contract monitoring schedule.
 4366         (b) Preparing a contract monitoring plan, including
 4367  sampling procedures, before performing onsite monitoring at
 4368  external locations of a service provider. The plan must include
 4369  a description of the programmatic, fiscal, and administrative
 4370  components that will be monitored on site. If appropriate,
 4371  clinical and therapeutic components may be included.
 4372         (c) Conducting analyses of the performance and compliance
 4373  of an external service provider by means of desk reviews if the
 4374  external service provider will not be monitored on site during a
 4375  fiscal year.
 4376         (d) Unless the department sets forth in writing the need
 4377  for an extension, providing a written report presenting the
 4378  results of the monitoring within 30 days after the completion of
 4379  the onsite monitoring or desk review.
 4380         (e) Developing and maintaining a set of procedures
 4381  describing the contract monitoring process.
 4382         Section 123. Subsection (2) of section 402.731, Florida
 4383  Statutes, is amended to read:
 4384         402.731 Department of Children and Family Services
 4385  certification programs for employees and service providers;
 4386  employment provisions for transition to community-based care.—
 4387         (2) The department shall develop and implement employment
 4388  programs to attract and retain competent staff to support and
 4389  facilitate the transition to privatized community-based care.
 4390  Such employment programs must shall include lump-sum bonuses,
 4391  salary incentives, relocation allowances, or severance pay. The
 4392  department shall also contract for the delivery or
 4393  administration of outplacement services. The department shall
 4394  establish time-limited exempt positions as provided in s.
 4395  110.205(2)(f) 110.205(2)(i), in accordance with the authority
 4396  provided in s. 216.262(1)(c)1. Employees appointed to fill such
 4397  exempt positions shall have the same salaries and benefits as
 4398  civil career service employees.
 4399         Section 124. Section 409.1757, Florida Statutes, is amended
 4400  to read:
 4401         409.1757 Persons not required to be refingerprinted or
 4402  rescreened.—Notwithstanding any other provision of law to the
 4403  contrary notwithstanding, human resource personnel who have been
 4404  fingerprinted or screened pursuant to chapters 393, 394, 397,
 4405  402, and this chapter, and teachers who have been fingerprinted
 4406  pursuant to chapter 1012, who have not been unemployed for more
 4407  than 90 days thereafter, and who under the penalty of perjury
 4408  attest to the completion of such fingerprinting or screening and
 4409  to compliance with the provisions of this section and the
 4410  standards for good moral character as contained in such
 4411  provisions as ss. 110.1127(3), 393.0655(1), 394.457(6), 397.451,
 4412  402.305(2), and 409.175(6), are shall not be required to be
 4413  refingerprinted or rescreened in order to comply with any
 4414  caretaker screening or fingerprinting requirements.
 4415         Section 125. Subsection (1) of section 409.9205, Florida
 4416  Statutes, is amended to read:
 4417         409.9205 Medicaid Fraud Control Unit.—
 4418         (1) Except as provided in s. 110.205, all positions in the
 4419  Medicaid Fraud Control Unit of the Department of Legal Affairs
 4420  are hereby transferred to the Civil Career Service System.
 4421         Section 126. Section 414.37, Florida Statutes, is amended
 4422  to read:
 4423         414.37 Public assistance overpayment recovery
 4424  privatization; reemployment of laid-off career service
 4425  employees.—Should civil career service employees of the
 4426  Department of Children and Family Services be subject to layoff
 4427  after July 1, 1995, due to the privatization of public
 4428  assistance overpayment recovery functions, the privatization
 4429  contract must shall require the contracting firm to give
 4430  priority consideration to employment of such employees. In
 4431  addition, a task force composed of representatives from the
 4432  Department of Children and Family Services and the Department of
 4433  Management Services shall be established to provide reemployment
 4434  assistance to such employees.
 4435         Section 127. Subsection (7) of section 427.012, Florida
 4436  Statutes, is amended to read:
 4437         427.012 The Commission for the Transportation
 4438  Disadvantaged.—There is created the Commission for the
 4439  Transportation Disadvantaged in the Department of
 4440  Transportation.
 4441         (7) The commission shall appoint an executive director who
 4442  shall serve under the direction, supervision, and control of the
 4443  commission. The executive director, with the consent of the
 4444  commission, shall employ such personnel as may be necessary to
 4445  perform adequately the functions of the commission within
 4446  budgetary limitations. Employees of the commission are exempt
 4447  from the Civil Career Service System.
 4448         Section 128. Subsection (2) of section 447.203, Florida
 4449  Statutes, is amended to read:
 4450         447.203 Definitions.—As used in this part:
 4451         (2) “Public employer” or “employer” means the state or any
 4452  county, municipality, or special district, or any subdivision or
 4453  agency thereof, which the commission determines has sufficient
 4454  legal distinctiveness properly to properly carry out the
 4455  functions of a public employer. With respect to all public
 4456  employees determined by the commission as properly belonging to
 4457  a statewide bargaining unit composed of state civil Career
 4458  service System employees or selected exempt Professional service
 4459  employees, the Governor is shall be deemed to be the public
 4460  employer; and the Board of Governors of the State University
 4461  System, or the board’s designee, is shall be deemed to be the
 4462  public employer with respect to all public employees of each
 4463  constituent state university. The board of trustees of a
 4464  community college is shall be deemed to be the public employer
 4465  with respect to all employees of the community college. The
 4466  district school board is shall be deemed to be the public
 4467  employer with respect to all employees of the school district.
 4468  The Board of Trustees of the Florida School for the Deaf and the
 4469  Blind is shall be deemed to be the public employer with respect
 4470  to the academic and academic administrative personnel of the
 4471  Florida School for the Deaf and the Blind. The Governor is shall
 4472  be deemed to be the public employer with respect to all
 4473  employees in the Correctional Education Program of the
 4474  Department of Corrections established pursuant to s. 944.801.
 4475         Section 129. Subsection (8) and paragraph (a) of subsection
 4476  (9) of section 447.207, Florida Statutes, are amended to read:
 4477         447.207 Commission; powers and duties.—
 4478         (8) The commission or its designated agent shall hear
 4479  appeals arising out of any suspension, reduction in pay,
 4480  demotion, or dismissal of any permanent employee in the Civil
 4481  State Career Service System in the manner provided in s.
 4482  110.227.
 4483         (9) Pursuant to s. 447.208, the commission or its
 4484  designated agent shall hear appeals, and enter such orders as it
 4485  deems appropriate, arising out of:
 4486         (a)Section 110.124, relating to termination or transfer of
 4487  State Career Service System employees aged 65 or older.
 4488         (a)(b) Section 112.044(4), relating to age discrimination.
 4489         (b)(c) Section 295.11, relating to reasons for not
 4490  employing a preferred veteran applicant.
 4491         Section 130. Section 447.209, Florida Statutes, is amended
 4492  to read:
 4493         447.209 Public employer’s rights.—It is the right of the
 4494  public employer to determine unilaterally the purpose of each of
 4495  its constituent agencies, set standards of services to be
 4496  offered to the public, and exercise control and discretion over
 4497  its organization and operations. It is also the right of the
 4498  public employer to direct its employees, take disciplinary
 4499  action for proper cause, and relieve its employees from duty
 4500  because of lack of work or for other legitimate reasons.
 4501  However, the exercise of such rights does shall not preclude
 4502  employees or their representatives from raising grievances,
 4503  should decisions on the above matters have the practical
 4504  consequence of violating the terms and conditions of any
 4505  collective bargaining agreement in force or any civil or career
 4506  service rule regulation.
 4507         Section 131. Section 447.401, Florida Statutes, is amended
 4508  to read:
 4509         447.401 Grievance procedures.—Each public employer and
 4510  bargaining agent shall negotiate a grievance procedure to be
 4511  used for the settlement of disputes between employer and
 4512  employee, or group of employees, involving the interpretation or
 4513  application of a collective bargaining agreement. Such grievance
 4514  procedure shall have as its terminal step a final and binding
 4515  disposition by an impartial neutral, mutually selected by the
 4516  parties; however, if when the issue under appeal is an
 4517  allegation of abuse, abandonment, or neglect by an employee
 4518  under s. 39.201 or s. 415.1034, the grievance may not be decided
 4519  until the abuse, abandonment, or neglect of a child has been
 4520  judicially determined. However, an arbiter or other neutral may
 4521  shall not have the power to add to, subtract from, modify, or
 4522  alter the terms of a collective bargaining agreement. If an
 4523  employee organization is certified as the bargaining agent of a
 4524  unit, the grievance procedure then in existence may be the
 4525  subject of collective bargaining, and any agreement that which
 4526  is reached supersedes shall supersede the previously existing
 4527  procedure. All public employees shall have the right to a fair
 4528  and equitable grievance procedure administered without regard to
 4529  membership or nonmembership in any organization, except that
 4530  certified employee organizations may shall not be required to
 4531  process grievances for employees who are not members of the
 4532  organization. A civil career service employee may use shall have
 4533  the option of utilizing the civil service appeal procedure, an
 4534  unfair labor practice procedure, or a grievance procedure
 4535  established under this section, but such employee may not avail
 4536  is precluded from availing himself or herself of to more than
 4537  one of these procedures.
 4538         Section 132. Paragraph (a) of subsection (2) of section
 4539  456.048, Florida Statutes, is amended to read:
 4540         456.048 Financial responsibility requirements for certain
 4541  health care practitioners.—
 4542         (2) The board or department may grant exemptions upon
 4543  application by practitioners meeting any of the following
 4544  criteria:
 4545         (a) Any person licensed under chapter 457, s. 458.3475, s.
 4546  459.023, chapter 460, chapter 461, s. 464.012, chapter 466, or
 4547  chapter 467 who practices exclusively as an officer, employee,
 4548  or agent of the Federal Government or of the state or its
 4549  agencies or its subdivisions. For the purposes of this
 4550  subsection, an agent of the state, its agencies, or its
 4551  subdivisions is a person who is eligible for coverage under any
 4552  self-insurance or insurance program authorized by the provisions
 4553  of s. 768.28(16) or who is a volunteer under s. 112.961
 4554  110.501(1).
 4555         Section 133. Subsection (29) of section 570.07, Florida
 4556  Statutes, is amended to read:
 4557         570.07 Department of Agriculture and Consumer Services;
 4558  functions, powers, and duties.—The department shall have and
 4559  exercise the following functions, powers, and duties:
 4560         (29) To advance funds monthly to civil career service
 4561  employees to be used for the purchase of official state samples
 4562  for state examination. Each monthly advance shall be in an
 4563  amount equal to one-twelfth of the actual expenses paid the
 4564  position for samples in the previous fiscal year or, in the case
 4565  of a new position, one-twelfth of the expenses paid for samples
 4566  of a similar classification in the previous fiscal year;
 4567  however, in the event of unusual circumstances, such advances
 4568  may be increased for up to a period not to exceed 60 days.
 4569  Advances shall be granted only to civil career service employees
 4570  who have executed a proper power of attorney with the department
 4571  to ensure the collection of such advances if not timely repaid.
 4572         Section 134. Subsection (3) of section 601.10, Florida
 4573  Statutes, is amended to read:
 4574         601.10 Powers of the Department of Citrus.—The Department
 4575  of Citrus shall have and shall exercise such general and
 4576  specific powers as are delegated to it by this chapter and other
 4577  statutes of the state, which powers shall include, but shall not
 4578  be confined to, the following:
 4579         (3) To employ and, at its pleasure, discharge an executive
 4580  director, a secretary, and such attorneys, clerks, and employees
 4581  as it deems necessary and to outline their powers and duties and
 4582  fix their compensation. The department of Citrus may pay, or
 4583  participate in the payment of, premiums for health, accident,
 4584  and life insurance for its full-time employees, pursuant to such
 4585  rules or regulations as it may adopt; and such payments are
 4586  shall be in addition to the regular salaries of such full-time
 4587  employees. The payment of such or similar benefits to its
 4588  employees in foreign countries, including, but not limited to,
 4589  social security, retirement, and other similar fringe benefit
 4590  costs, may be in accordance with laws in effect in the country
 4591  of employment, except that no benefits are not will be payable
 4592  to employees not authorized for other state employees, as
 4593  provided in the Civil Career Service System.
 4594         Section 135. Subsection (6) of section 624.307, Florida
 4595  Statutes, is amended to read:
 4596         624.307 General powers; duties.—
 4597         (6) The department and office may each employ actuaries who
 4598  shall be at-will employees and who shall serve at the pleasure
 4599  of the Chief Financial Officer, in the case of department
 4600  employees, or at the pleasure of the director of the office, in
 4601  the case of office employees. Actuaries employed pursuant to
 4602  this paragraph must shall be members of the Society of Actuaries
 4603  or the Casualty Actuarial Society and are shall be exempt from
 4604  the Civil Career Service System established under chapter 110.
 4605  The salaries of the actuaries employed pursuant to this
 4606  paragraph shall be set in accordance with s. 216.251(2)(a)5. and
 4607  shall be set at levels which are commensurate with those salary
 4608  levels paid to actuaries by the insurance industry.
 4609         Section 136. Subsection (3) of section 624.437, Florida
 4610  Statutes, is amended to read:
 4611         624.437 “Multiple-employer welfare arrangement” defined;
 4612  certificate of authority required; penalty.—
 4613         (3) This section does not apply to a multiple-employer
 4614  welfare arrangement that which offers or provides benefits that
 4615  which are fully insured by an authorized insurer, to an
 4616  arrangement that which is exempt from state insurance regulation
 4617  in accordance with Pub. L. No. 93-406, the Employee Retirement
 4618  Income Security Act, or to the state group health insurance
 4619  program administered under s. 112.942 pursuant to s. 110.123.
 4620         Section 137. Paragraph (h) of subsection (4) of section
 4621  627.6488, Florida Statutes, is amended to read:
 4622         627.6488 Florida Comprehensive Health Association.—
 4623         (4) The association shall:
 4624         (h) Contract with preferred provider organizations and
 4625  health maintenance organizations giving due consideration to
 4626  those the preferred provider organizations and health
 4627  maintenance organizations that which have contracted with the
 4628  state group health insurance program pursuant to s. 112.942
 4629  110.123. If cost-effective and available in the county where the
 4630  policyholder resides, the board, upon application or renewal of
 4631  a policy, shall place a high-risk individual, as established
 4632  under s. 627.6498(4)(a)4., with the plan case manager who shall
 4633  determine the most cost-effective quality care system or health
 4634  care provider and shall place the individual in such system or
 4635  with such health care provider. If cost-effective and available
 4636  in the county where the policyholder resides, the board, with
 4637  the consent of the policyholder, may place a low-risk or medium
 4638  risk individual, as established under s. 627.6498(4)(a)4., with
 4639  the plan case manager who may determine the most cost-effective
 4640  quality care system or health care provider and shall place the
 4641  individual in such system or with such health care provider.
 4642  Before Prior to and during the implementation of case
 4643  management, the plan case manager shall obtain input from the
 4644  policyholder, parent, or guardian.
 4645         Section 138. Paragraph (a) of subsection (1) of section
 4646  627.649, Florida Statutes, is amended to read:
 4647         627.649 Administrator.—
 4648         (1) The board shall select an administrator, through a
 4649  competitive bidding process, to administer the plan. The board
 4650  shall evaluate bids submitted under this subsection based on
 4651  criteria established by the board, which criteria shall include:
 4652         (a) The administrator’s proven ability to handle large
 4653  group accident and health insurance., and Due consideration
 4654  shall be given to an any administrator who has acted as a third
 4655  party administrator for the state group health insurance program
 4656  pursuant to s. 112.942 110.123.
 4657         Section 139. Paragraph (a) of subsection (2) and subsection
 4658  (3) of section 627.6498, Florida Statutes, are amended to read:
 4659         627.6498 Minimum benefits coverage; exclusions; premiums;
 4660  deductibles.—
 4661         (2) BENEFITS.—
 4662         (a) The plan shall offer major medical expense coverage
 4663  similar to that provided by the state group health insurance
 4664  program under s. 112.942, as defined in s. 110.123 except as
 4665  specified in subsection (3), to every eligible person who is not
 4666  eligible for Medicare. Major medical expense coverage offered
 4667  under the plan must shall pay an eligible person’s covered
 4668  expenses, subject to limits on the deductible and coinsurance
 4669  payments authorized under subsection (4), up to a lifetime limit
 4670  of $500,000 per covered individual. The maximum limit may under
 4671  this paragraph shall not be altered by the board, and an no
 4672  actuarially equivalent benefit may not be substituted by the
 4673  board.
 4674         (3) COVERED EXPENSES.—The coverage to be issued by the
 4675  association must shall be patterned after the state group health
 4676  insurance program as provided in s. 112.942 defined in s.
 4677  110.123, including its benefits, exclusions, and other
 4678  limitations, except as otherwise provided in this act. The plan
 4679  may cover the cost of experimental drugs that which have been
 4680  approved for use by the Food and Drug Administration on an
 4681  experimental basis if the cost is less than the usual and
 4682  customary treatment. Such coverage applies shall only apply to
 4683  those insureds who are in the case management system upon the
 4684  approval of the insured, the case manager, and the board.
 4685         Section 140. Subsection (4) of section 627.6617, Florida
 4686  Statutes, is amended to read:
 4687         627.6617 Coverage for home health care services.—
 4688         (4) The provisions of this section do shall not apply to a
 4689  multiple-employer welfare arrangement as defined in s.
 4690  624.437(1) and in the State Health Plan as provided in s.
 4691  112.942 110.123.
 4692         Section 141. Paragraph (d) of subsection (2) of section
 4693  627.6686, Florida Statutes, is amended to read:
 4694         627.6686 Coverage for individuals with autism spectrum
 4695  disorder required; exception.—
 4696         (2) As used in this section, the term:
 4697         (d) “Health insurance plan” means a group health insurance
 4698  policy or group health benefit plan offered by an insurer which
 4699  includes the state group insurance program provided under s.
 4700  112.942 110.123. The term does not include a any health
 4701  insurance plan offered in the individual market which, any
 4702  health insurance plan that is individually underwritten, or
 4703  which is any health insurance plan provided to a small employer.
 4704         Section 142. Paragraph (a) of subsection (4) of section
 4705  943.0585, Florida Statutes, is amended to read:
 4706         943.0585 Court-ordered expunction of criminal history
 4707  records.—The courts of this state have jurisdiction over their
 4708  own procedures, including the maintenance, expunction, and
 4709  correction of judicial records containing criminal history
 4710  information to the extent such procedures are not inconsistent
 4711  with the conditions, responsibilities, and duties established by
 4712  this section. Any court of competent jurisdiction may order a
 4713  criminal justice agency to expunge the criminal history record
 4714  of a minor or an adult who complies with the requirements of
 4715  this section. The court shall not order a criminal justice
 4716  agency to expunge a criminal history record until the person
 4717  seeking to expunge a criminal history record has applied for and
 4718  received a certificate of eligibility for expunction pursuant to
 4719  subsection (2). A criminal history record that relates to a
 4720  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
 4721  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
 4722  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
 4723  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
 4724  any violation specified as a predicate offense for registration
 4725  as a sexual predator pursuant to s. 775.21, without regard to
 4726  whether that offense alone is sufficient to require such
 4727  registration, or for registration as a sexual offender pursuant
 4728  to s. 943.0435, may not be expunged, without regard to whether
 4729  adjudication was withheld, if the defendant was found guilty of
 4730  or pled guilty or nolo contendere to the offense, or if the
 4731  defendant, as a minor, was found to have committed, or pled
 4732  guilty or nolo contendere to committing, the offense as a
 4733  delinquent act. The court may only order expunction of a
 4734  criminal history record pertaining to one arrest or one incident
 4735  of alleged criminal activity, except as provided in this
 4736  section. The court may, at its sole discretion, order the
 4737  expunction of a criminal history record pertaining to more than
 4738  one arrest if the additional arrests directly relate to the
 4739  original arrest. If the court intends to order the expunction of
 4740  records pertaining to such additional arrests, such intent must
 4741  be specified in the order. A criminal justice agency may not
 4742  expunge any record pertaining to such additional arrests if the
 4743  order to expunge does not articulate the intention of the court
 4744  to expunge a record pertaining to more than one arrest. This
 4745  section does not prevent the court from ordering the expunction
 4746  of only a portion of a criminal history record pertaining to one
 4747  arrest or one incident of alleged criminal activity.
 4748  Notwithstanding any law to the contrary, a criminal justice
 4749  agency may comply with laws, court orders, and official requests
 4750  of other jurisdictions relating to expunction, correction, or
 4751  confidential handling of criminal history records or information
 4752  derived therefrom. This section does not confer any right to the
 4753  expunction of any criminal history record, and any request for
 4754  expunction of a criminal history record may be denied at the
 4755  sole discretion of the court.
 4756         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
 4757  criminal history record of a minor or an adult which is ordered
 4758  expunged by a court of competent jurisdiction pursuant to this
 4759  section must be physically destroyed or obliterated by any
 4760  criminal justice agency having custody of such record; except
 4761  that any criminal history record in the custody of the
 4762  department must be retained in all cases. A criminal history
 4763  record ordered expunged which that is retained by the department
 4764  is confidential and exempt from the provisions of s. 119.07(1)
 4765  and s. 24(a), Art. I of the State Constitution and not available
 4766  to any person or entity except upon order of a court of
 4767  competent jurisdiction. A criminal justice agency may retain a
 4768  notation indicating compliance with an order to expunge.
 4769         (a) The person who is the subject of a criminal history
 4770  record that is expunged under this section or under other
 4771  provisions of law, including former s. 893.14, former s. 901.33,
 4772  and former s. 943.058, may lawfully deny or fail to acknowledge
 4773  the arrests covered by the expunged record, unless except when
 4774  the subject of the record:
 4775         1. Is a candidate for employment with a criminal justice
 4776  agency;
 4777         2. Is a defendant in a criminal prosecution;
 4778         3. Concurrently or subsequently petitions for relief under
 4779  this section or s. 943.059;
 4780         4. Is a candidate for admission to The Florida Bar;
 4781         5. Is seeking to be employed or licensed by or to contract
 4782  with the Department of Children and Family Services, the Agency
 4783  for Health Care Administration, the Agency for Persons with
 4784  Disabilities, or the Department of Juvenile Justice or to be
 4785  employed or used by such contractor or licensee in a sensitive
 4786  position having direct contact with children, the
 4787  developmentally disabled, the aged, or the elderly as provided
 4788  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
 4789  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
 4790  chapter 916, s. 985.644, chapter 400, or chapter 429;
 4791         6. Is seeking to be employed or licensed by the Department
 4792  of Education, any district school board, any university
 4793  laboratory school, any charter school, any private or parochial
 4794  school, or any local governmental entity that licenses child
 4795  care facilities; or
 4796         7. Is seeking authorization from a seaport listed in s.
 4797  311.09 for employment within or access to one or more of such
 4798  seaports pursuant to s. 311.12.
 4799         Section 143. Paragraph (a) of subsection (4) of section
 4800  943.059, Florida Statutes, is amended to read:
 4801         943.059 Court-ordered sealing of criminal history records.
 4802  The courts of this state shall continue to have jurisdiction
 4803  over their own procedures, including the maintenance, sealing,
 4804  and correction of judicial records containing criminal history
 4805  information to the extent such procedures are not inconsistent
 4806  with the conditions, responsibilities, and duties established by
 4807  this section. Any court of competent jurisdiction may order a
 4808  criminal justice agency to seal the criminal history record of a
 4809  minor or an adult who complies with the requirements of this
 4810  section. The court shall not order a criminal justice agency to
 4811  seal a criminal history record until the person seeking to seal
 4812  a criminal history record has applied for and received a
 4813  certificate of eligibility for sealing pursuant to subsection
 4814  (2). A criminal history record that relates to a violation of s.
 4815  393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
 4816  800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
 4817  839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
 4818  916.1075, a violation enumerated in s. 907.041, or any violation
 4819  specified as a predicate offense for registration as a sexual
 4820  predator pursuant to s. 775.21, without regard to whether that
 4821  offense alone is sufficient to require such registration, or for
 4822  registration as a sexual offender pursuant to s. 943.0435, may
 4823  not be sealed, without regard to whether adjudication was
 4824  withheld, if the defendant was found guilty of or pled guilty or
 4825  nolo contendere to the offense, or if the defendant, as a minor,
 4826  was found to have committed or pled guilty or nolo contendere to
 4827  committing the offense as a delinquent act. The court may only
 4828  order sealing of a criminal history record pertaining to one
 4829  arrest or one incident of alleged criminal activity, except as
 4830  provided in this section. The court may, at its sole discretion,
 4831  order the sealing of a criminal history record pertaining to
 4832  more than one arrest if the additional arrests directly relate
 4833  to the original arrest. If the court intends to order the
 4834  sealing of records pertaining to such additional arrests, such
 4835  intent must be specified in the order. A criminal justice agency
 4836  may not seal any record pertaining to such additional arrests if
 4837  the order to seal does not articulate the intention of the court
 4838  to seal records pertaining to more than one arrest. This section
 4839  does not prevent the court from ordering the sealing of only a
 4840  portion of a criminal history record pertaining to one arrest or
 4841  one incident of alleged criminal activity. Notwithstanding any
 4842  law to the contrary, a criminal justice agency may comply with
 4843  laws, court orders, and official requests of other jurisdictions
 4844  relating to sealing, correction, or confidential handling of
 4845  criminal history records or information derived therefrom. This
 4846  section does not confer any right to the sealing of any criminal
 4847  history record, and any request for sealing a criminal history
 4848  record may be denied at the sole discretion of the court.
 4849         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
 4850  history record of a minor or an adult which is ordered sealed by
 4851  a court of competent jurisdiction pursuant to this section is
 4852  confidential and exempt from the provisions of s. 119.07(1) and
 4853  s. 24(a), Art. I of the State Constitution and is available only
 4854  to the person who is the subject of the record, to the subject’s
 4855  attorney, to criminal justice agencies for their respective
 4856  criminal justice purposes, which include conducting a criminal
 4857  history background check for approval of firearms purchases or
 4858  transfers as authorized by state or federal law, to judges in
 4859  the state courts system for the purpose of assisting them in
 4860  their case-related decisionmaking responsibilities, as set forth
 4861  in s. 943.053(5), or to those entities set forth in
 4862  subparagraphs (a)1., 4., 5., 6., and 8. for their respective
 4863  licensing, access authorization, and employment purposes.
 4864         (a) The subject of a criminal history record sealed under
 4865  this section or under other provisions of law, including former
 4866  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
 4867  deny or fail to acknowledge the arrests covered by the sealed
 4868  record, except if when the subject of the record:
 4869         1. Is a candidate for employment with a criminal justice
 4870  agency;
 4871         2. Is a defendant in a criminal prosecution;
 4872         3. Concurrently or subsequently petitions for relief under
 4873  this section or s. 943.0585;
 4874         4. Is a candidate for admission to The Florida Bar;
 4875         5. Is seeking to be employed or licensed by or to contract
 4876  with the Department of Children and Family Services, the Agency
 4877  for Health Care Administration, the Agency for Persons with
 4878  Disabilities, or the Department of Juvenile Justice or to be
 4879  employed or used by such contractor or licensee in a sensitive
 4880  position having direct contact with children, the
 4881  developmentally disabled, the aged, or the elderly as provided
 4882  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
 4883  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
 4884  415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
 4885         6. Is seeking to be employed or licensed by the Department
 4886  of Education, any district school board, any university
 4887  laboratory school, any charter school, any private or parochial
 4888  school, or any local governmental entity that licenses child
 4889  care facilities;
 4890         7. Is attempting to purchase a firearm from a licensed
 4891  importer, licensed manufacturer, or licensed dealer and is
 4892  subject to a criminal history check under state or federal law;
 4893  or
 4894         8. Is seeking authorization from a Florida seaport
 4895  identified in s. 311.09 for employment within or access to one
 4896  or more of such seaports pursuant to s. 311.12.
 4897         Section 144. Subsection (2) of section 945.043, Florida
 4898  Statutes, is amended to read:
 4899         945.043 Department-operated day care services.—
 4900         (2) The department is exempt from s. 112.915 the
 4901  requirements of s. 110.151.
 4902         Section 145. Subsection (1) of section 946.525, Florida
 4903  Statutes, is amended to read:
 4904         946.525 Participation by the corporation in the state group
 4905  health insurance and prescription drug programs.—
 4906         (1) The board of directors of the corporation established
 4907  under this part may apply for participation in the state group
 4908  health insurance program authorized under s. 112.942 in s.
 4909  110.123 and the prescription drug coverage program authorized
 4910  under s. 112.944 by s. 110.12315 by submitting an application
 4911  along with a $500 nonrefundable fee to the Department of
 4912  Management Services.
 4913         Section 146. Paragraph (b) of subsection (1) of section
 4914  1001.705, Florida Statutes, is amended to read:
 4915         1001.705 Responsibility for the State University System
 4916  under s. 7, Art. IX of the State Constitution; legislative
 4917  finding and intent.—
 4918         (1) LEGISLATIVE FINDINGS.—
 4919         (b) Constitutional duties of the Board of Governors of the
 4920  State University System.—In accordance with s. 7, Art. IX of the
 4921  State Constitution, the Board of Governors of the State
 4922  University System has the duty to operate, regulate, control,
 4923  and be fully responsible for the management of the whole
 4924  publicly funded State University System and the board, or the
 4925  board’s designee, has responsibility for:
 4926         1. Defining the distinctive mission of each constituent
 4927  university.
 4928         2. Defining the articulation of each constituent university
 4929  in conjunction with the Legislature’s authority over the public
 4930  schools and community colleges.
 4931         3. Ensuring the well-planned coordination and operation of
 4932  the State University System.
 4933         4. Avoiding wasteful duplication of facilities or programs
 4934  within the State University System.
 4935         5. Accounting for expenditure of funds appropriated by the
 4936  Legislature for the State University System as provided by law.
 4937         6. Submitting a budget request for legislative
 4938  appropriations for the institutions under the supervision of the
 4939  board as provided by law.
 4940         7. Adopting strategic plans for the State University System
 4941  and each constituent university.
 4942         8. Approving, reviewing, and terminating degree programs of
 4943  the State University System.
 4944         9. Governing admissions to the state universities.
 4945         10. Serving as the public employer to all public employees
 4946  of state universities for collective bargaining purposes.
 4947         11. Establishing a personnel system for all state
 4948  university employees; however, the Department of Management
 4949  Services shall retain authority over state university employees
 4950  for programs established in ss. 112.942 110.123, 112.945
 4951  110.1232, 112.946 110.1234, 112.947 110.1238, and 112.949
 4952  110.161, and in chapters 121, 122, and 238.
 4953         12. Complying with, and enforcing for institutions under
 4954  the board’s jurisdiction, all applicable local, state, and
 4955  federal laws.
 4956         Section 147. Paragraph (b) of subsection (5) of section
 4957  1001.706, Florida Statutes, is amended to read:
 4958         1001.706 Powers and duties of the Board of Governors.—
 4959         (5) POWERS AND DUTIES RELATING TO PERSONNEL.—
 4960         (b) The Department of Management Services shall retain
 4961  authority over state university employees for programs
 4962  established in ss. 112.942 110.123,112.945 110.1232, 112.946
 4963  110.1234, 112.947 110.1238, and 112.949 110.161 and in chapters
 4964  121, 122, and 238. Unless specifically authorized by law,
 4965  neither the Board of Governors nor a state university may offer
 4966  group insurance programs for employees as a substitute for or as
 4967  an alternative to the health insurance programs offered pursuant
 4968  to chapter 112 110.
 4969         Section 148. Paragraph (c) of subsection (5) of section
 4970  1001.74, Florida Statutes, is amended to read:
 4971         1001.74 Powers and duties of university boards of
 4972  trustees.—
 4973         (5) POWERS AND DUTIES RELATING TO PERSONNEL.—
 4974         (c) The Department of Management Services shall retain
 4975  authority over state university employees for programs
 4976  established in ss. 112.942 110.123, 112.945 110.1232, 112.946
 4977  110.1234, 112.947 110.1238, and 112.949 110.161 and in chapters
 4978  121, 122, and 238. Unless specifically authorized by law,
 4979  neither the Board of Governors nor a state university may offer
 4980  group insurance programs for employees as a substitute for or as
 4981  an alternative to the health insurance programs offered pursuant
 4982  to chapter 112 110.
 4983         Section 149. Paragraph (f) of subsection (8) of section
 4984  1002.36, Florida Statutes, is amended to read:
 4985         1002.36 Florida School for the Deaf and the Blind.—
 4986         (4) BOARD OF TRUSTEES.—
 4987         (f) The board of trustees shall:
 4988         1. Prepare and submit legislative budget requests for
 4989  operations and fixed capital outlay, in accordance with chapter
 4990  216 and ss. 1011.56 and 1013.60, to the Department of Education
 4991  for review and approval. The department must analyze the amount
 4992  requested for fixed capital outlay to determine if the request
 4993  is consistent with the school’s campus master plan, educational
 4994  plant survey, and facilities master plan. Projections of
 4995  facility space needs may exceed the norm space and occupant
 4996  design criteria established in the State Requirements for
 4997  Educational Facilities.
 4998         2. Approve and administer an annual operating budget in
 4999  accordance with ss. 1011.56 and 1011.57.
 5000         3. Require all funds received other than gifts, donations,
 5001  bequests, funds raised by or belonging to student clubs or
 5002  student organizations, and funds held for specific students or
 5003  in accounts for individual students to be deposited in the State
 5004  Treasury and expended as authorized in the General
 5005  Appropriations Act.
 5006         4. Require all purchases to be in accordance with the
 5007  provisions of chapter 287 except for purchases made with funds
 5008  received as gifts, donations, or bequests; funds raised by or
 5009  belonging to student clubs or student organizations; or funds
 5010  held for specific students or in accounts for individual
 5011  students.
 5012         5. Administer and maintain personnel programs for all
 5013  employees of the board of trustees and the Florida School for
 5014  the Deaf and the Blind who shall be state employees, including
 5015  the personnel classification and pay plan established in
 5016  accordance with ss. 110.205(2)(s) 110.205(2)(d) and
 5017  216.251(2)(a)2. for academic and academic administrative
 5018  personnel, the provisions of chapter 110, and the provisions of
 5019  law that grant authority to the Department of Management
 5020  Services over such programs for state employees.
 5021         6. Give preference in appointment and retention in
 5022  positions of employment as provided within s. 295.07(1).
 5023         7. Ensure that the Florida School for the Deaf and the
 5024  Blind complies with s. 1013.351 concerning the coordination of
 5025  planning between the Florida School for the Deaf and the Blind
 5026  and local governing bodies.
 5027         8. Ensure that the Florida School for the Deaf and the
 5028  Blind complies with s. 112.061 concerning per diem and travel
 5029  expenses of public officers, employees, and authorized persons
 5030  with respect to all funds other than funds received as gifts,
 5031  donations, or bequests; funds raised by or belonging to student
 5032  clubs or student organizations; or funds held for specific
 5033  students or in accounts for individual students.
 5034         9. Adopt a master plan that which specifies the mission and
 5035  objectives of the Florida School for the Deaf and the Blind. The
 5036  plan shall include, but not be limited to, procedures for
 5037  systematically measuring the school’s progress toward meeting
 5038  its objectives, analyzing changes in the student population, and
 5039  modifying school programs and services to respond to such
 5040  changes. The plan shall be for a period of 5 years and shall be
 5041  reviewed for needed modifications every 2 years. The board of
 5042  trustees shall submit the initial plan and subsequent
 5043  modifications to the Speaker of the House of Representatives and
 5044  the President of the Senate.
 5045         10. Designate a portion of the school as “The Verle Allyn
 5046  Pope Complex for the Deaf,” in tribute to the late Senator Verle
 5047  Allyn Pope.
 5048         (8) CAMPUS POLICE.—
 5049         (f) The board of trustees shall adopt rules, including,
 5050  without limitation, rules for the appointment, employment, and
 5051  removal of campus police in accordance with the Civil State
 5052  Career Service under chapter 110 System and shall establish in
 5053  writing a policy manual, that includes, without limitation,
 5054  procedures for managing routine law enforcement situations and
 5055  emergency law enforcement situations. The board of trustees
 5056  shall furnish a copy of the policy manual to each of the campus
 5057  police officers it employs. A campus police officer appointed by
 5058  the board of trustees must have completed the training required
 5059  by the school in the special needs and proper procedures for
 5060  dealing with students served by the school.
 5061         Section 150. Section 1012.62, Florida Statutes, is amended
 5062  to read:
 5063         1012.62 Transfer of sick leave and annual leave.—In
 5064  implementing the provisions of ss. 402.22(1)(d) and
 5065  1001.42(4)(m), educational personnel in Department of Children
 5066  and Family Services residential care facilities who are employed
 5067  by a district school board may request, and the district school
 5068  board shall accept, a lump-sum transfer of accumulated sick
 5069  leave for such personnel to the maximum allowed by policies of
 5070  the district school board, notwithstanding the provisions of s.
 5071  112.910 110.122. Educational personnel in Department of Children
 5072  and Family Services residential care facilities who are employed
 5073  by a district school board under the provisions of s.
 5074  402.22(1)(d) may request, and the district school board shall
 5075  accept, a lump-sum transfer of accumulated annual leave for each
 5076  person employed by the district school board in a position in
 5077  the district eligible to accrue vacation leave under the
 5078  policies of the district school board.
 5079         Section 151. Subsection (5) of section 1012.79, Florida
 5080  Statutes, is amended to read:
 5081         1012.79 Education Practices Commission; organization.—
 5082         (5) The commission, by a vote of three-fourths of the
 5083  membership, shall employ an executive director, who shall be
 5084  exempt from the Civil career Service. The executive director may
 5085  be dismissed by a majority vote of the membership.
 5086         Section 152. Subsection (6) of section 1012.88, Florida
 5087  Statutes, is amended to read:
 5088         1012.88 Community college police.—
 5089         (6) The community college, with the approval of the
 5090  Department of Law Enforcement, shall adopt rules, including,
 5091  without limitation, rules for the appointment, employment, and
 5092  removal of community college police in accordance with the Civil
 5093  state Career Service under chapter 110 System and shall
 5094  establish in writing a policy manual, that includes, without
 5095  limitation, procedures for managing routine law enforcement
 5096  situations and emergency law enforcement situations. The
 5097  community college shall furnish a copy of the policy manual to
 5098  each of the police officers it employs.
 5099         Section 153. This act shall take effect July 1, 2010.