Florida Senate - 2010 CS for SB 2268
By the Committee on Governmental Oversight and Accountability;
and Senator Ring
585-03566-10 20102268c1
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. 110.406, F.S.,
194 relating to senior management services data
195 collections; repealing s. 110.603, F.S., relating to a
196 classification plan and pay bands for selected exempt
197 positions; repealing s. 110.604, F.S., relating to
198 certain personnel actions for selected exempt service
199 employees; repealing s. 110.606, F.S., relating to
200 selected exempt service data collection; amending ss.
201 11.13, 20.055, 20.21, 20.23, 20.255, 24.105, 24.122,
202 30.071, 43.16, 104.31, 106.24, 112.044, 112.0805,
203 112.313, 112.3145, 112.363, 121.021, 121.051, 121.055,
204 121.35, 145.19, 216.011, 216.181, 287.175, 295.07,
205 295.09, 296.04, 296.34, 381.00315, 381.85, 394.47865,
206 402.3057, 402.55, 402.7305, 402.731, 409.1757,
207 409.9205, 414.37, 427.012, 447.203, 447.207, 447.209,
208 s. 447.401, 456.048, 570.07, 601.10, 624.307, 624.437,
209 627.6488, 627.649, 627.6498, 627.6617, 627.6686,
210 943.0585, 943.059, 945.043, 946.525, 1001.705,
211 1001.706, 1001.74, 1002.36, 1012.62, 1012.79, and
212 1012.88, F.S.; conforming provisions to changes made
213 by the act; providing an effective date.
214
215 Be It Enacted by the Legislature of the State of Florida:
216
217 Section 1. The Division of Statutory Revision is requested
218 to rename chapter 110, Florida statutes, as “State Personnel
219 System.”
220 Section 2. The Division of Statutory Revision is requested
221 to rename part I of chapter 110, Florida statutes, as “General
222 Provisions.”
223 Section 3. Section 110.105, Florida Statutes, is amended to
224 read:
225 110.105 Employment policy of the state.—
226 (1) It is The purpose of this chapter is to establish the
227 State Personnel a System of personnel management. The This
228 system shall provide a means for maintaining to recruit, select,
229 train, develop, and maintain an effective and responsible
230 workforce and includes shall include policies, and procedures,
231 and guidelines for employee hiring and advancement, training and
232 career development, position classification, salary
233 administration, benefits, attendance and leave, discipline,
234 dismissal discharge, employee performance evaluations,
235 affirmative action, and other related activities.
236 (2) All appointments, terminations, assignments and
237 maintenance of status, compensation, privileges, and other terms
238 and conditions of employment in state government shall be made
239 without regard to age, sex, race, religion, national origin,
240 political affiliation, marital status, or handicap, except when
241 a specific sex, age, or physical requirement constitutes a bona
242 fide occupational qualification necessary to proper and
243 efficient administration.
244 (3) Except as expressly provided by law, there shall be no
245 Florida residence requirement for any person as a condition
246 precedent to employment by the state; however, preference may be
247 given to Florida residents in hiring.
248 (2)(4) This chapter contains the requirements and guides
249 for establishing and maintaining a system of personnel
250 administration on a merit basis. The system of personnel
251 administration shall be implemented so as to ensure that the
252 permit state agencies in the State Personnel System are to be
253 eligible for to receive federal funds.
254 (5) Nothing in this chapter shall be construed either to
255 infringe upon or to supersede the rights guaranteed public
256 employees under chapter 447.
257 Section 4. Section 110.107, Florida Statutes, is
258 transferred, renumbered as section 110.1054, Florida Statutes,
259 reordered, and amended to read:
260 110.1054 110.107 Definitions.—As used in this chapter, the
261 term:
262 (5)(1) “Department” means the Department of Management
263 Services.
264 (30)(2) “Secretary” means the Secretary of Management
265 Services.
266 (3) “Furlough” means a temporary reduction in the regular
267 hours of employment in a pay period, or temporary leave without
268 pay for one or more pay periods, with a commensurate reduction
269 in pay, necessitated by a projected deficit in any fund that
270 supports salary and benefit appropriations. The deficit must be
271 projected by the Revenue Estimating Conference pursuant to s.
272 216.136(3).
273 (31)(4) “State agency” or “agency” means any of the
274 following entities and organizational units of such entities as
275 specified by law: official, officer, commission, board,
276 authority, council, committee, or department of the executive
277 branch or the judicial branch of state government as defined in
278 chapter 216.
279 (a) Agency for Enterprise Information Technology.
280 (b) Agency for Health Care Administration.
281 (c) Agency for Persons with Disabilities.
282 (d) Agency for Workforce Innovation.
283 (e) Department of Agriculture and Consumer Services.
284 (f) Department of Business and Professional Regulation.
285 (g) Department of Children and Family Services.
286 (h) Department of Citrus.
287 (i) Department of Community Affairs.
288 (j) Department of Corrections.
289 (k) Department of Education.
290 (l) Department of Elderly Affairs.
291 (m) Department of Environmental Protection.
292 (n) Department of Financial Services.
293 (o) Department of Health.
294 (p) Department of Highway Safety and Motor Vehicles.
295 (q) Department of Juvenile Justice.
296 (r) Department of Law Enforcement.
297 (s) Department of Legal Affairs.
298 (t) Department of Management Services.
299 (u) Department of Military Affairs, except for “military”
300 personnel positions as defined in s. 250.05(2).
301 (v) Department of Revenue.
302 (w) Department of State.
303 (x) Department of Transportation.
304 (y) Department of Veterans’ Affairs.
305 (z) Executive Office of the Governor.
306 (aa) Fish and Wildlife Conservation Commission.
307 (bb) Florida Public Service Commission.
308 (cc) Florida School for the Deaf and the Blind, except for
309 the “academic” and “academic administrative” personnel covered
310 by s. 1002.36(4)(f)1.
311 (dd) Parole Commission.
312 (32) “State employee” or “employee” means an employee of a
313 state agency.
314 (33) “State Personnel System” means the system of personnel
315 administration for authorized civil service, selected exempt
316 service, and senior management service positions and other
317 personal-services employment within a state agency.
318 (22)(5) “Position” means the work, consisting of duties and
319 responsibilities, assigned to be performed by an officer or
320 employee.
321 (23) “Position description” means the document that
322 accurately describes the assigned duties, responsibilities, and
323 other pertinent information, including licensure or
324 certification or registration requirements, of a position and
325 that serves as the official record of the work and other
326 requirements of the position.
327 (10)(6) “Full-time position” means a position authorized
328 for the entire normally established work period, daily, weekly,
329 monthly, or annually.
330 (19)(7) “Part-time position” means a position authorized
331 for less than the entire normally established work period,
332 whether daily, weekly, monthly, or annually.
333 (16)(8) “Occupation” means all positions that which are
334 sufficiently similar in knowledge, skills, and abilities, and
335 sufficiently similar as to kind or subject matter of work.
336 (17)(9) “Occupational group” means a group of occupations
337 which are sufficiently similar in the kind of work performed to
338 warrant the use of the same performance factors in determining
339 the level of complexity for all occupations in that occupational
340 group.
341 (18) “Other personal services” means temporary employment
342 as provided in s. 112.907.
343 (3)(10) “Classification system plan” means a formal
344 description of the concepts, rules, job family definitions,
345 occupational group characteristics, and occupational profiles,
346 and broadband levels used to classify in the classification of
347 positions.
348 (20)(11) “Pay plan” means a formal description of the
349 philosophy, methods, procedures, and salary schedules for
350 competitively compensating employees at market-based rates for
351 work performed.
352 (29)(12) “Salary schedule” means an official document that
353 which contains a complete list of occupation titles, broadband
354 level codes, and pay bands, and other related information.
355 (1)(13) “Authorized position” means a position included in
356 an approved budget. In counting the number of authorized
357 positions, part-time positions may be converted to full-time
358 equivalents.
359 (8)(14) “Established position” means an authorized position
360 that which has been classified in accordance with a
361 classification system and pay plan as provided by law.
362 (24)(15) “Position number” means the identification number
363 assigned to an established position or other-personal-services
364 employment position.
365 (28)(16) “Reclassification” means changing an established
366 position in one broadband level in an occupational group to a
367 higher or lower broadband level within in the same occupation or
368 changing an established position to a different occupation,
369 either of which is the result of a change in the duties and
370 responsibilities of the position occupational group or to a
371 broadband level in a different occupational group.
372 (26)(17) “Promotion” means moving a civil service employee
373 to a higher broadband level within an occupation, or moving an
374 employee to an occupation that has a broadband level having
375 changing the classification of an employee to a broadband level
376 having a higher maximum salary; or the changing of the
377 classification of an employee to a broadband level having the
378 same or a lower maximum salary but a higher level of
379 responsibility.
380 (4)(18) “Demotion” means moving a civil service changing
381 the classification of an employee to a lower broadband level
382 within an occupation, or moving an employee to an occupation
383 that has a broadband level having a lower maximum salary; or the
384 changing of the classification of an employee to a broadband
385 level having the same or a higher maximum salary but a lower
386 level of responsibility.
387 (36)(19) “Transfer” means moving a civil service an
388 employee from one geographic location of the state to a
389 different geographic location that is more than in excess of 50
390 highway miles from the employee’s current work location. The
391 mileage shall be calculated using an official Department of
392 Transportation map.
393 (27)(20) “Reassignment” means moving a civil service an
394 employee from a position in an occupation to a position in the
395 same occupation that has the same one broadband level but with
396 different duties; or to a different position in a different
397 occupation that has a the same broadband level having the same
398 maximum salary; or to a position in the same occupation that has
399 the same different broadband level and substantially the same
400 duties, but is in a different agency having the same maximum
401 salary.
402 (6)(21) “Dismissal” means a disciplinary action taken by an
403 agency pursuant to s. 110.227 against a civil service an
404 employee that results resulting in the termination of his or her
405 employment.
406 (34)(22) “Suspension” means a disciplinary action taken by
407 an agency pursuant to s. 110.227 against a civil service an
408 employee which to temporarily relieves relieve the employee of
409 his or her duties and places place him or her on leave without
410 pay.
411 (35) “Telework” means an alternative work arrangement that
412 allows an employee to conduct all or some of his or her work
413 away from the official work site during all or some portion of
414 the employee’s established work hours on a regular basis.
415 (14)(23) “Layoff” means termination of employment due to a
416 shortage of funds or work, or a material change in the duties or
417 organization of an agency, including the outsourcing or
418 privatization of an activity or function previously performed by
419 civil career service employees.
420 (15) “Merit status” means the status attained by a civil
421 service employee upon successfully completing the probationary
422 period for his or her current position by demonstrating
423 competency in performing the duties and responsibilities of that
424 position.
425 (7)(24) “Employing agency” means any agency authorized to
426 employ personnel to carry out the responsibilities of the agency
427 pursuant to under the provisions of chapter 20 or other law
428 statutory authority.
429 (25) “Shared employment” means part-time career employment
430 whereby the duties and responsibilities of a full-time position
431 in the career service are divided among part-time employees who
432 are eligible for the position and who receive career service
433 benefits and wages pro rata. In no case shall “shared
434 employment” include the employment of persons paid from other
435 personal-services funds.
436 (9)(26) “Firefighter” means a firefighter certified under
437 chapter 633.
438 (13)(27) “Law enforcement or correctional officer” means a
439 law enforcement officer, special agent, correctional officer,
440 correctional probation officer, or institutional security
441 specialist required to be certified under chapter 943.
442 (25)(28) “Professional health care provider” means
443 registered nurses, physician’s assistants, dentists,
444 psychologists, nutritionists or dietitians, pharmacists,
445 psychological specialists, physical therapists, and speech and
446 hearing therapists.
447 (11)(29) “Job family” means a defined grouping of one or
448 more similar occupational groups.
449 (12) “Lateral” means moving a civil service employee within
450 an agency to a different position that is in the same
451 occupation, is at the same broadband level having the same
452 maximum salary, and has substantially the same duties and
453 responsibilities.
454 (21)(30) “Pay band” means the minimum salary, the maximum
455 salary, and intermediate rates that which are payable for work
456 in a specific broadband level.
457 (2)(31) “Broadband level” means all positions that which
458 are sufficiently similar in knowledge, skills, and abilities;
459 the, and sufficiently similar as to kind or subject matter of
460 work; the, level of difficulty or responsibilities;, and the
461 qualification requirements of the work so as to warrant the same
462 treatment with respect as to title, pay band, and other
463 personnel transactions.
464 Section 5. Section 110.1055, Florida Statutes, is amended
465 to read:
466 110.1055 Rules and Rulemaking authority.—
467 (1) The department shall of Management Services shall adopt
468 rules as necessary to carry out its statutory duties effectuate
469 the provisions of this chapter, as amended by this act, and in
470 accordance with the authority granted to the department in this
471 chapter. All existing rules relating to this chapter are
472 statutorily repealed January 1, 2002, unless otherwise
473 readopted.
474 (2) In consultation with the state agencies, the department
475 shall develop uniform personnel rules, guidelines, records, and
476 reports relating to employees in the State Personnel System. The
477 department may adopt rules that provide alternative
478 requirements.
479 (3) Upon adoption, the uniform personnel rules constitute
480 the personnel rules for each state agency.
481 (a) Each agency must comply with the uniform rules unless:
482 1. The Administration Commission has granted an exception
483 to a specific rule. An agency may request an exception to the
484 uniform personnel rules by filing a petition with the
485 commission. The commission shall approve an exception if the
486 exception is necessary to conform to any requirement imposed as
487 a condition precedent to receipt of federal funds, to permit
488 persons in this state to receive tax benefits under federal law,
489 or if required for the most efficient operation of the agency as
490 determined by the commission. The reasons for the exception must
491 be published in the Florida Administrative Weekly. Agency rules
492 that provide exceptions to the uniform rules may not be adopted
493 unless approved by the commission.
494 2. The agency must comply with a statutory provision that
495 conflicts with the uniform rules. In such case, the agency shall
496 notify the department, the Administration Commission, the
497 Administrative Procedures Committee, and the appropriate
498 standing committees of the Legislature and advise the standing
499 committees if the agency recommends revision of the statute to
500 conform it to the uniform rules. Agencies are encouraged to
501 propose methods for conforming statutory provisions to the
502 uniform rules.
503 (b) An agency that adopts rules that provide an exception
504 to the uniform rules or that comply with statutory requirements
505 that conflict with the uniform rules must have a separate
506 chapter published in the Florida Administrative Code. The
507 chapter must clearly delineate the provisions of the agency’s
508 rules which provide an exception or which are based on a
509 conflicting statutory requirement. Each alternative chosen from
510 those authorized by the uniform rules must be specified. Each
511 chapter must be organized in the same manner as the uniform
512 rules.
513 (c) Any rule adopted by an agency which is an exception to
514 the uniform rules or which is based upon a conflicting statutory
515 provision may not prescribe personnel policies inconsistent with
516 the provisions of this chapter. Such rules may not include any
517 benefits for State Personnel System employees which exceed, or
518 are in addition to, those authorized by this chapter, and must
519 comply with all federal regulations necessary to allow the
520 agency to receive federal funds.
521 (4) The department may develop uniform forms and
522 instructions relating to personnel transactions as the
523 department determines necessary.
524 (5) The agency is responsible for maintaining up-to-date
525 personnel records and reports in accordance with applicable
526 rules and laws.
527 Section 6. Section 110.1056, Florida Statutes, is created
528 to read:
529 110.1056 Agency audits.—The department may periodically
530 audit agency records to determine compliance with this chapter
531 and department rules.
532 Section 7. Section 110.405, Florida Statutes, is
533 transferred, renumbered as section 110.106, Florida Statutes,
534 and amended to read:
535 110.106 110.405 Advisory committees.—The secretary of
536 Management Services may at any time appoint an ad hoc or
537 continuing advisory committee consisting of members of the
538 Senior Management Service or other persons knowledgeable in the
539 field of personnel management. Advisory committees Any Such
540 committee shall consist of not more than nine members, who shall
541 serve at the pleasure of and meet at the call of the secretary
542 and, at the request of the secretary, shall provide advice and
543 consultation, to advise and consult with the secretary on such
544 matters affecting the State Personnel System Senior Management
545 Service as the secretary requests. Members shall serve without
546 compensation, but are shall be entitled to receive reimbursement
547 for travel expenses as provided in s. 112.061. The secretary may
548 periodically hire a consultant who has with expertise in
549 personnel administration management to advise him or her with
550 respect to the administration of the State Personnel System
551 Senior Management Service.
552 Section 8. Section 110.1065, Florida Statutes, is created
553 to read:
554 110.1065 General employment policies and requirements.—
555 (1) It is the policy of the State Personnel System:
556 (a) That all appointments, terminations, assignments, and
557 maintenance of status, compensation, privileges, and other terms
558 and conditions of employment in the State Personnel System shall
559 be made without regard to age, sex, race, color, religion,
560 national origin, political affiliation, marital status,
561 disability, or genetic information, unless a specific
562 requirement constitutes a bona fide occupational qualification.
563 (b) That sexual harassment is a form of discrimination and,
564 therefore, is prohibited and shall be defined in a manner
565 consistent with federal law.
566 (c) To support employees in balancing their personal needs
567 and work responsibilities. This policy is designed to enhance
568 the employee’s ability to blend the competing demands of work
569 and personal life and produce a more skilled, accountable, and
570 committed workforce for the state. Provisions may include, but
571 need not be limited to, flexible work schedules, telework, part
572 time employment, and leaves of absence with or without pay.
573 (d) To adopt and comply with the federal Family and Medical
574 Leave Act, except for those provisions that do not specifically
575 apply to state government employers. With regard to those
576 provisions, the sovereign immunity of the state is not waived
577 and the rules of the department relating to leave control.
578 (2) Except as expressly provided by law, Florida residency
579 may not be required for any person as a condition precedent to
580 employment; however, preference in hiring may be given to state
581 residents.
582 (3) State agencies that use other-personal-services
583 employment must comply with s. 112.907.
584 (4) Employees of the State Personnel System may be
585 furloughed pursuant to s. 112. 917.
586 (5) This chapter may not be construed to infringe upon or
587 supersede the rights guaranteed public employees under chapter
588 447.
589 (6) The department may adopt rules necessary to administer
590 this section.
591 (7) The provisions of parts IX and XI of chapter 112 are
592 applicable to the State Personnel System. The department may
593 adopt rules necessary to administer those sections.
594 Section 9. Section 110.233, Florida Statutes, is
595 transferred, renumbered as section 110.1075, Florida Statutes,
596 and amended to read:
597 110.1075 110.233 Political activities and unlawful acts
598 prohibited.—
599 (1) No person shall be appointed to, demoted, or dismissed
600 from any position in the Civil career Service, or in any way
601 favored or discriminated against with respect to employment in
602 the Civil career Service, because of race, color, national
603 origin, sex, handicap, religious creed, or political opinion or
604 affiliation.
605 (2) No person may shall use or promise to use, directly or
606 indirectly, any official authority or influence, whether
607 possessed or anticipated, to secure or attempt to secure for any
608 person an appointment or advantage in appointment to a position
609 in the Civil career Service, or an increase in pay or other
610 advantage in employment in any such position, for the purpose of
611 influencing the vote or political action of any person or for
612 any consideration.; However, letters of inquiry,
613 recommendations, and references by public employees or public
614 officials are shall not be considered political pressure unless
615 they contain any such letter contains a threat, intimidation, or
616 irrelevant, derogatory, or false information. For the purposes
617 of this section, the term “political pressure,” in addition to
618 any appropriate meaning that which may be ascribed thereto by
619 lawful authority, includes the use of official authority or
620 influence in any manner prohibited by this chapter.
621 (3) No person may shall, directly or indirectly, give,
622 render, pay, offer, solicit, or accept any money, service, or
623 other valuable consideration for or on account of any
624 appointment, proposed appointment, promotion or proposed
625 promotion to, or any advantage in, a position in the Civil
626 career Service. The provisions of This subsection does do not
627 apply to a private employment agency if licensed pursuant to the
628 provisions of chapter 449 when the services of the such private
629 employment agency are requested by a state agency, board,
630 department, or commission and neither the state nor any
631 political subdivision pays the private employment agency for
632 such services.
633 (4) As an individual, each employee retains all rights and
634 obligations of citizenship provided in the Constitution and laws
635 of the state and the Constitution and laws of the United States.
636 However, an no employee in the Civil career Service may not
637 shall:
638 (a) Hold, or be a candidate for, public office while in the
639 employment of the state or take an any active part in a
640 political campaign while on duty or within any period of time
641 during which the employee is expected to perform services for
642 which he or she receives compensation from the state. However,
643 if when authorized by his or her agency head and approved by the
644 department as not involving an no interest that which conflicts
645 or activity that which interferes with his or her state
646 employment, an employee in the Civil career Service may be a
647 candidate for or hold local public office. The department shall
648 prepare and make available to all affected personnel who make
649 such request a definite set of rules and procedures consistent
650 with this paragraph the provisions herein.
651 (b) Use the authority of his or her position to secure
652 support for, or oppose, any candidate, party, or issue in a
653 partisan election or affect the results thereof.
654 (5) No State Personnel System employee or official may
655 shall use any promise of reward or threat of loss to encourage
656 or coerce any employee to support or contribute to any political
657 issue, candidate, or party.
658 (6) The department shall adopt by rule procedures for State
659 Personnel Career Service System employees which that require
660 disclosure to the agency head of any application for or offer of
661 employment, gift, contractual relationship, or financial
662 interest with any individual, partnership, association,
663 corporation, utility, or other organization, whether public or
664 private, doing business with or subject to regulation by the
665 agency.
666 (7) The department may adopt rules to administer this
667 section.
668 Section 10. Section 110.1099, Florida Statutes, is amended
669 to read:
670 110.1099 Elective education, professional development, and
671 training opportunities for civil service, selected exempt, and
672 senior management service state employees.—
673 (1)(a) The education and professional development of
674 employees training are an integral components component in
675 improving the delivery of services to the public. Recognizing
676 that the application of productivity-enhancing technology and
677 practice demands continuous educational and development training
678 opportunities, an a state employee may be authorized to receive
679 a voucher, or grant, or tuition reimbursement for matriculation
680 fees, to attend work-related courses at public community
681 colleges, public career centers, or public universities, or
682 other accredited postsecondary educational institutions. The
683 department may implement the provisions of this section from
684 funds appropriated to the department for this purpose. In the
685 event insufficient funds are appropriated to the department,
686 Each state agency may supplement these funds to support the
687 educational and professional development training and education
688 needs of its employees from funds appropriated to the agency.
689 (b) For the 2001-2002 fiscal year only and notwithstanding
690 the provisions of paragraph (a), state employees may not be
691 authorized to receive fundable tuition waivers on a space
692 available basis. This paragraph expires July 1, 2002.
693 (2) The department, in conjunction with the agencies, shall
694 request that public universities provide evening and weekend
695 programs for state employees. When evening and weekend training
696 and educational programs are not available, an employee may be
697 authorized to take paid time off during his or her regular
698 working hours for training and career development, as provided
699 in s. 110.105(1), if such training benefits the employer as
700 determined by that employee’s agency head.
701 (2)(3) An employee who exhibits superior aptitude and
702 performance may be authorized by his or her that employee’s
703 agency head to take a paid educational leave of absence for up
704 to 1 academic year at a time, for specific approved work-related
705 education and professional development training. The That
706 employee must enter into a contract to return to the agency
707 granting the leave state employment for a period of time equal
708 to the length of the leave of absence or refund the salary and
709 benefits paid during the his or her educational leave of
710 absence.
711 (3)(4) As a precondition to approving an employee’s
712 training request for any educational, development, or training
713 program, an agency or the judicial branch may require the an
714 employee to enter into an agreement that provides that, if the
715 employee voluntarily terminates employment or is dismissed from
716 the agency within a specified period of time, not to exceed 2
717 years after the conclusion of the program, he or she must
718 requires the employee to reimburse the agency or judicial branch
719 for up to the total cost of fees and associated expenses for the
720 program if the registration fee or similar expense for any
721 training or training series when the total cost of the fee or
722 similar expense exceeds $1,000 if the employee voluntarily
723 terminates employment or is discharged for cause from the agency
724 or judicial branch within a specified period of time not to
725 exceed 4 years after the conclusion of the training. This
726 subsection does not apply to any training program or course that
727 an agency or the judicial branch requires an employee to attend.
728 An agency or the judicial branch may pay the outstanding balance
729 then due and owing on behalf of an a state employee under this
730 subsection in connection with the recruitment and hiring of such
731 state employee.
732 (4)(5) The department may of Management Services, in
733 consultation with the agencies and, to the extent applicable,
734 with Florida’s public community colleges, public career centers,
735 and public universities, shall adopt rules to administer this
736 section.
737 Section 11. Section 110.235, Florida Statutes, is
738 transferred, renumbered as section 110.1115, Florida Statutes,
739 and amended to read:
740 110.1115 110.235 Training and professional development of
741 employees.—
742 (1) State agencies shall implement training and
743 professional development programs that encompass modern
744 management principles, and that provide the framework to develop
745 human resources, through empowerment, training, and rewards for
746 productivity enhancement; to continuously improve the quality of
747 services,; and to satisfy the expectations of the public.
748 (2) Each state employing agency shall provide the
749 department with training information as requested for the
750 purpose of analyzing statewide training needs annually evaluate
751 and report to the department the training it has implemented and
752 the progress it has made in the area of training.
753 (3) As approved by the Legislature by law, Each state
754 employing agency may use a portion specified percentage of its
755 salary budget to implement training programs.
756 (4) In order to promote the development of managerial,
757 executive, or administrative skills among employees, each agency
758 may establish and administer a training program that may
759 include, but need not be limited to:
760 (a) Improving the performance of individuals and groups of
761 employees.
762 (b) Relating the efforts of employees to the goals of the
763 organization.
764 (c) Strategic planning.
765 (d) Team leadership.
766 (5) The department is responsible for ensuring that
767 appropriate state agency personnel are adequately trained in the
768 proper administration of state personnel system policies and
769 procedures, compliance with all applicable federal and state
770 workforce regulations, and the promotion of efficient and
771 equitable employment practices. The department may host
772 workshops, conferences, and other professional development
773 activities that focus on the training needs of agency staff who
774 are responsible for human resource management, training and
775 development, and benefits administration.
776 (a) The department may coordinate with the appropriate
777 business units of the state universities or community colleges
778 for the purpose of sponsoring conferences and expositions that
779 provide continuing professional development to the agencies in
780 the areas of human resource management, payroll and benefits
781 administration, and other topics critical to the proper
782 administration of the state workforce.
783 (b) For the purposes of leveraging resources and promoting
784 best practices, the department may open such conferences to all
785 state and local public employers having shared interests in
786 public-sector human resource management and related topics.
787 (6) The department may adopt rules necessary to administer
788 this section.
789 Section 12. Section 110.112, Florida Statutes, is amended
790 to read:
791 110.112 Affirmative action; Equal employment opportunity.—
792 (1) It is shall be the policy of the State Personnel System
793 to assist in ensuring providing the assurance of equal
794 employment opportunity through programs of affirmative and
795 positive action that will allow full utilization of women and
796 minorities.
797 (2)(a) The head of each state executive agency shall
798 develop and implement an affirmative action plan in accordance
799 with this section and applicable state and federal laws rules
800 adopted by the department and approved by a majority vote of the
801 Administration Commission before their adoption.
802 (a)(b) Each executive agency shall establish annual goals
803 for ensuring the full utilization of groups underrepresented in
804 its workforce as compared to the relevant labor market, as
805 defined by the agency. Each executive agency shall design its
806 affirmative action plan to meet its established goals.
807 (b)(c) An equal affirmative action-equal employment
808 opportunity officer shall be appointed by the head of each
809 executive agency. The affirmative action-equal employment
810 opportunity officer’s responsibilities must include determining
811 annual goals, monitoring agency compliance, and providing
812 consultation to managers regarding progress, deficiencies, and
813 appropriate corrective action.
814 (c)(d) The department shall report information in its
815 annual workforce report relating to the demographic composition
816 of the workforce of the State Personnel System as compared to
817 the relevant state labor market the implementation, continuance,
818 updating, and results of each executive agency’s affirmative
819 action plan for the previous fiscal year. The agencies shall
820 provide the department with the information necessary to comply
821 with this provision.
822 (e) The department shall provide to all supervisory
823 personnel of the executive agencies training in the principles
824 of equal employment opportunity and affirmative action, the
825 development and implementation of affirmative action plans, and
826 the establishment of annual affirmative action goals. The
827 department may contract for training services, and each
828 participating agency shall reimburse the department for costs
829 incurred through such contract. After the department approves
830 the contents of the training program for the agencies, the
831 department may delegate this training to the executive agencies.
832 (3) Each state attorney and public defender shall:
833 (a) Develop and implement an affirmative action plan.
834 (b) Establish annual goals for ensuring full utilization of
835 groups underrepresented in its workforce as compared to the
836 relevant labor market in this state. The state attorneys’ and
837 public defenders’ affirmative action plans must be designed to
838 meet the established goals.
839 (c) Appoint an affirmative action-equal employment
840 opportunity officer.
841 (d) Report annually to the Justice Administrative
842 Commission on the implementation, continuance, updating, and
843 results of his or her affirmative action program for the
844 previous fiscal year.
845 (3)(4) Each The state agency, its agencies and officers
846 shall ensure freedom from discrimination in employment in
847 accordance with applicable state and federal laws as provided by
848 the Florida Civil Rights Act of 1992, by s. 112.044, and by this
849 chapter.
850 (4) All recruitment literature that references State
851 Personnel System position vacancies must contain the phrase “An
852 Equal Opportunity Employer.”
853 (5) Any individual claiming to be aggrieved by an unlawful
854 employment practice may file a complaint with the Florida
855 Commission on Human Relations as provided by s. 760.11.
856 (6) The department may adopt rules necessary to administer
857 shall review and monitor executive agency actions in carrying
858 out the rules adopted by the department pursuant to this
859 section.
860 Section 13. Section 110.1127, Florida Statutes, is amended
861 to read:
862 110.1127 Employee background screening and investigations
863 security checks.—
864 (1) Except as provided in subsection (2), each state agency
865 shall designate employee positions that require security
866 background screening. All persons and employees in such
867 positions must undergo employment screening in accordance with
868 chapter 435, using level 1 screening standards, as a condition
869 of employment and continued employment.
870 (2)(1) Each state employing agency shall designate those
871 employee positions that, because of the special trust or
872 responsibility or sensitive location, require security
873 background investigations. All persons and employees in such
874 positions must undergo employment screening in accordance with
875 chapter 435, using level 2 screening standards of those
876 positions, require that persons occupying those positions be
877 subject to a security background check, including
878 fingerprinting, as a condition of employment and continued
879 employment.
880 (2)(a) All positions within the Division of Treasury of the
881 Department of Financial Services are deemed to be positions of
882 special trust or responsibility. Such persons, and a person may
883 be disqualified for employment in any such position by reason
884 of:
885 1. The conviction or prior conviction of a crime that which
886 is reasonably related to the nature of the position sought or
887 held by the individual; or
888 2. The entering of a plea of nolo contendere or, when a
889 jury verdict of guilty is rendered but adjudication of guilt is
890 withheld, with respect to a crime that which is reasonably
891 related to the nature of the position sought or held by the
892 individual.
893 (b) All employees of the division shall be required to
894 undergo security background investigations, including
895 fingerprinting, as a condition of employment and continued
896 employment.
897 (b)(3)(a) All positions in programs providing care to
898 children, the developmentally disabled, or vulnerable adults for
899 15 hours or more per week; all permanent and temporary employee
900 positions of the central abuse hotline; and all persons working
901 under contract who have access to abuse records are deemed to be
902 persons and positions of special trust or responsibility, and
903 require employment screening pursuant to chapter 435, using the
904 level 2 standards set forth in that chapter.
905 1.(b) The employing agency may grant exemptions from
906 disqualification from working with children, the developmentally
907 disabled, or vulnerable adults as provided in s. 435.07.
908 (c) All persons and employees in such positions of trust or
909 responsibility shall be required to undergo security background
910 investigations as a condition of employment and continued
911 employment. For the purposes of this subsection, security
912 background investigations shall be conducted as provided in
913 chapter 435, using the level 2 standards for screening set forth
914 in that chapter.
915 2.(d) It is a misdemeanor of the first degree, punishable
916 as provided in s. 775.082 or s. 775.083, for any person
917 willfully, knowingly, or intentionally to:
918 a.1. Fail, by false statement, misrepresentation,
919 impersonation, or other fraudulent means, to disclose in any
920 application for voluntary or paid employment a material fact
921 used in making a determination as to such person’s
922 qualifications for a position of special trust;
923 b.2. Use records information contained in records for
924 purposes other than background screening or investigation for
925 employment or release such records information to other persons
926 for purposes other than preemployment screening or investigation
927 for employment.
928 3.(e) It is a felony of the third degree, punishable as
929 provided in s. 775.082, s. 775.083, or s. 775.084, for any
930 person to willfully, knowingly, or intentionally to use juvenile
931 records information for any purposes other than those specified
932 in this section or to release such information to other persons
933 for purposes other than those specified in this section.
934 (3)(4) Any person who is required to undergo such a
935 security background screening or investigation and who refuses
936 to cooperate in such screening or investigation or refuses to
937 submit fingerprints shall be disqualified for employment in such
938 position or, if employed, shall be dismissed.
939 (4)(5) Such Background screening and investigations shall
940 be conducted at the expense of the employing state agency. If
941 When fingerprinting is required, the fingerprints of the
942 employee or applicant for employment shall be taken by the
943 employing agency or by an authorized law enforcement officer and
944 submitted to the Department of Law Enforcement for processing
945 and shall be forwarded if forwarding, when requested by the
946 employing agency, to the United States Department of Justice for
947 processing. The employing agency shall reimburse the Department
948 of Law Enforcement for any costs incurred for by it in the
949 processing of the fingerprints.
950 (5) The department may adopt rules necessary to administer
951 this section.
952 Section 14. Section 110.113, Florida Statutes, is amended
953 to read:
954 110.113 Pay periods for state officers and employees;
955 salary payments by direct deposit.—
956 (1) The normal pay period for salaries of state officers
957 and employees shall be 1 month. The Department of Financial
958 Services shall issue either monthly or biweekly salary payments
959 to State Personnel System officers and employees by state
960 warrants or by direct deposit pursuant to s. 17.076 or make
961 semimonthly salary payments by direct deposit pursuant to s.
962 17.076, as requested by the head of each state agency and
963 approved by the Executive Office of the Governor and the
964 Department of Financial Services.
965 (2) The department may adopt rules necessary to administer
966 this section. As a condition of employment, a person appointed
967 to a position in state government is required to participate in
968 the direct deposit program pursuant to s. 17.076. An employee
969 may request an exemption from the provisions of this subsection
970 when such employee can demonstrate a hardship or when such
971 employee is in an other-personal-services position.
972 Section 15. Section 110.1135, Florida Statutes, is created
973 to read:
974 110.1135 Attendance and leave records.—Each state agency
975 shall keep an accurate record of all hours of work performed by
976 each employee, as well as a complete and accurate record of all
977 authorized leave. The ultimate responsibility for the accuracy
978 and proper maintenance of all attendance and leave records is
979 with the agency head.
980 Section 16. Section 110.116, Florida Statutes, is amended
981 to read:
982 110.116 Human resource information Personnel information
983 system; payroll procedures.—
984 (1) The department of Management Services shall establish
985 and maintain, in coordination with the payroll system of the
986 Department of Financial Services, a complete human resource
987 personnel information system for all authorized and established
988 positions in the State Personnel System service, with the
989 exception of employees of the Legislature, unless the
990 Legislature chooses to participate. The department may contract
991 with a vendor to provide the human resource personnel
992 information system. The specifications shall be developed in
993 conjunction with the payroll system of the Department of
994 Financial Services and in coordination with the Auditor General.
995 The Department of Financial Services shall determine that the
996 position occupied by each employee has been authorized and
997 established in accordance with the provisions of s. 216.251. The
998 human resource information system must include Department of
999 Management Services shall develop and maintain a position
1000 numbering system that identifies will identify each established
1001 position, and such information shall be a part of the payroll
1002 system of the Department of Financial Services. The With the
1003 exception of employees of the Legislature, unless the
1004 Legislature chooses to participate, this system must shall
1005 include all civil career service positions and those positions
1006 exempted from the Civil Service career service provisions,
1007 notwithstanding the funding source of the salary payments, and
1008 information regarding persons receiving salary payments from
1009 other sources. Necessary revisions shall be made in the
1010 personnel and payroll procedures of the state to avoid
1011 duplication to the extent that it insofar as is feasible to do
1012 so. The information in the system must A list shall be organized
1013 by budget entity to show the employees or vacant positions
1014 within each budget entity. The information This list shall be
1015 made available to the Speaker of the House of Representatives
1016 and the President of the Senate upon request.
1017 (2) The department may adopt rules necessary to administer
1018 this section.
1019 Section 17. Section 110.117, Florida Statutes, is amended
1020 to read:
1021 110.117 Paid holidays and personal day.—
1022 (1) The following holidays are shall be paid holidays
1023 observed by all state branches and agencies:
1024 (a) New Year’s Day.
1025 (b) Birthday of Martin Luther King, Jr., third Monday in
1026 January.
1027 (c) Memorial Day.
1028 (d) Independence Day.
1029 (e) Labor Day.
1030 (f) Veterans’ Day, November 11.
1031 (g) Thanksgiving Day.
1032 (h) Friday after Thanksgiving.
1033 (i) Christmas Day.
1034 (j) If any of these holidays falls on Saturday, the
1035 preceding Friday shall be observed as a holiday. If any of these
1036 holidays falls on Sunday, the following Monday shall be observed
1037 as a holiday.
1038 (2) The Governor may declare, if when appropriate, a state
1039 day of mourning in observance of the death of a person in
1040 recognition of service rendered to the state or nation.
1041 (3) Each full-time employee in an authorized and
1042 established position is entitled to one personal day holiday
1043 each year. Each part-time employee is entitled to a personal day
1044 holiday each year, which shall be calculated based on the full
1045 time equivalency of the position proportionately to the personal
1046 holiday allowed to a full-time employee. The Such personal day
1047 holiday shall be credited to eligible employees on July 1 of
1048 each year and must to be taken by prior to June 30 of the
1049 following year or forfeited. The personal day must be taken as a
1050 whole day and may not be used incrementally. Members of the
1051 teaching and research faculty of the State University System and
1052 administrative and professional positions exempted under s.
1053 110.205(2)(d) are not eligible for this benefit.
1054 (4) Other-personal-services employees are not eligible for
1055 paid holidays or a personal day.
1056 Section 18. Section 110.1245, Florida Statutes, is amended
1057 to read:
1058 110.1245 Savings sharing program; Bonus payments; other
1059 awards.—
1060 (1)(a) The Department of Management Services shall adopt
1061 rules that prescribe procedures and promote a savings sharing
1062 program for an individual or group of employees who propose
1063 procedures or ideas that are adopted and that result in
1064 eliminating or reducing state expenditures, if such proposals
1065 are placed in effect and may be implemented under current
1066 statutory authority.
1067 (b) Each agency head shall recommend employees individually
1068 or by group to be awarded an amount of money, which amount shall
1069 be directly related to the cost savings realized. Each proposed
1070 award and amount of money must be approved by the Legislative
1071 Budget Commission.
1072 (c) Each state agency, unless otherwise provided by law,
1073 may participate in the program. The Chief Justice shall have the
1074 authority to establish a savings sharing program for employees
1075 of the judicial branch within the parameters established in this
1076 section. The program shall apply to all employees within the
1077 Career Service, the Selected Exempt Service, and comparable
1078 employees within the judicial branch.
1079 (d) The department and the judicial branch shall submit
1080 annually to the President of the Senate and the Speaker of the
1081 House of Representatives information that outlines each agency’s
1082 level of participation in the savings sharing program. The
1083 information shall include, but is not limited to:
1084 1. The number of proposals made.
1085 2. The number of dollars and awards made to employees or
1086 groups for adopted proposals.
1087 3. The actual cost savings realized as a result of
1088 implementing employee or group proposals.
1089 (1)(2) In June of each year, Bonuses may shall be paid to
1090 employees from funds authorized by the Legislature in an
1091 appropriation specifically for bonuses. Bonuses shall be
1092 distributed in accordance with the criteria and instructions
1093 provided in the General Appropriations Act. Each agency shall
1094 develop a plan for awarding lump-sum bonuses, which plan shall
1095 be submitted no later than September 15 of each year and
1096 approved by the Office of Policy and Budget in the Executive
1097 Office of the Governor. Such plan shall include, at a minimum,
1098 but is not limited to:
1099 (a) A statement that bonuses are subject to specific
1100 appropriation by the Legislature.
1101 (b) Eligibility criteria as follows:
1102 1. The employee must have been employed prior to July 1 of
1103 that fiscal year and have been continuously employed through the
1104 date of distribution.
1105 2. The employee must not have been on leave without pay
1106 consecutively for more than 6 months during the fiscal year.
1107 3. The employee must have had no sustained disciplinary
1108 action during the period beginning July 1 through the date the
1109 bonus checks are distributed. Disciplinary actions include
1110 written reprimands, suspensions, dismissals, and involuntary or
1111 voluntary demotions that were associated with a disciplinary
1112 action.
1113 4. The employee must have demonstrated a commitment to the
1114 agency mission by reducing the burden on those served,
1115 continually improving the way business is conducted, producing
1116 results in the form of increased outputs, and working to improve
1117 processes.
1118 5. The employee must have demonstrated initiative in work
1119 and have exceeded normal job expectations.
1120 6. The employee must have modeled the way for others by
1121 displaying agency values of fairness, cooperation, respect,
1122 commitment, honesty, excellence, and teamwork.
1123 (c) A periodic evaluation process of the employee’s
1124 performance.
1125 (d) A process for peer input that is fair, respectful of
1126 employees, and affects the outcome of the bonus distribution.
1127 (e) A division of the agency by work unit for purposes of
1128 peer input and bonus distribution.
1129 (f) A limitation on bonus distributions equal to 35 percent
1130 of the agency’s total authorized positions. This requirement may
1131 be waived by the Office of Policy and Budget in the Executive
1132 Office of the Governor upon a showing of exceptional
1133 circumstances.
1134 (2)(3) Each agency head may department head is authorized
1135 to incur expenditures to provide cash awards to award suitable
1136 framed certificates, pins, and other tokens of recognition to
1137 retiring state employees whose service with the state has been
1138 satisfactory, in appreciation of their role in the achievement
1139 of the agency’s mission, values, or goals and recognition of
1140 such service. Each award Such awards may not cost more than in
1141 excess of $100 each plus applicable taxes.
1142 (3)(4) Each agency department head may is authorized to
1143 incur expenditures to award suitable framed certificates, pins,
1144 and or other noncash tokens of recognition. Each token to state
1145 employees who demonstrate satisfactory service in the agency or
1146 to the state, in appreciation and recognition of such service.
1147 Such awards may not cost more than in excess of $100 each plus
1148 applicable taxes. Such tokens may be awarded to:
1149 (a) Current employees, in appreciation and recognition of
1150 their service to the state.
1151 (b) Retiring employees, in appreciation and recognition of
1152 their service to the state.
1153 (c) An appointed member of a state board or commission, in
1154 appreciation and recognition of his or her service to the state
1155 upon the expiration of the member’s final term in such position.
1156 (4) The department may adopt rules necessary to administer
1157 this section.
1158 (5) Each department head is authorized to incur
1159 expenditures not to exceed $100 each plus applicable taxes for
1160 suitable framed certificates, plaques, or other tokens of
1161 recognition to any appointed member of a state board or
1162 commission whose service to the state has been satisfactory, in
1163 appreciation and recognition of such service upon the expiration
1164 of such board or commission member’s final term in such
1165 position.
1166 Section 19. Section 110.125, Florida Statutes, is amended
1167 to read:
1168 110.125 Administrative costs.—
1169 (1) The administrative expenses and costs of operating the
1170 personnel program established by this chapter shall be paid by
1171 the state various agencies of the state government, and each
1172 such agency shall include in its budget estimates its pro rata
1173 share of such cost as determined by the department of Management
1174 Services.
1175 (a) To establish an equitable division of the costs, the
1176 amount to be paid by each agency shall be based on the number of
1177 authorized full-time equivalents appropriated to the agency, the
1178 average number of other-personal-services employees paid by the
1179 agency, and the total administrative expenses and costs of
1180 operating the personnel program established under determined in
1181 such proportion as the service rendered to each agency bears to
1182 the total service rendered under the provisions of this chapter.
1183 The amounts paid to the Department of Management Services which
1184 are attributable to positions within the Senior Management
1185 Service and the Selected Professional Service shall be used for
1186 the administration of such services, training activities for
1187 positions within those services, and the development and
1188 implementation of a database of pertinent historical information
1189 on exempt positions.
1190 (b) If Should any state agency is become more than 90 days
1191 delinquent in paying payment of this obligation, the department
1192 shall certify to the Chief Financial Officer the amount due and
1193 the Chief Financial Officer shall transfer that the amount due
1194 to the department from any available debtor agency funds
1195 available.
1196 (2) The department may adopt rules necessary to administer
1197 this section.
1198 Section 20. Section 110.126, Florida Statutes, is amended
1199 to read:
1200 110.126 Oaths, testimony, records; penalties.—
1201 (1) The department may shall have power to administer
1202 oaths, subpoena witnesses, and compel the production of books,
1203 and papers, or other records, in written or electronic form,
1204 relevant pertinent to any investigation of personnel practices
1205 or hearing authorized by this chapter. Any person who fails
1206 shall fail to appear in response to a subpoena or to answer any
1207 question or produce any books or papers relevant pertinent to
1208 any such investigation or hearing or who shall knowingly gives
1209 give false testimony commits therein shall be guilty of a
1210 misdemeanor of the first degree, punishable as provided in s.
1211 775.082 or s. 775.083.
1212 (2) The department may adopt rules necessary to administer
1213 this section.
1214 Section 21. Section 110.127, Florida Statutes, is amended
1215 to read:
1216 110.127 Penalties.—
1217 (1) Any person who willfully violates any provision of this
1218 chapter or of any rules adopted pursuant to this chapter commits
1219 the authority herein granted is guilty of a misdemeanor of the
1220 second degree, punishable as provided in s. 775.082 or s.
1221 775.083.
1222 (2) The provisions of s. 112.011 to the contrary
1223 Notwithstanding s. 112.011, any person who is convicted of a
1224 misdemeanor under this chapter is shall be, for a period of 5
1225 years, ineligible for appointment to or employment in a position
1226 in the State Personnel System for 5 years service and, if an
1227 employee of the system state, shall forfeit his or her position.
1228 (3) Imposition of the penalties provided in this section
1229 may shall not be in lieu of any action that which may be taken
1230 or penalties that which may be imposed pursuant to part III of
1231 chapter 112.
1232 (4) The department may adopt rules necessary to administer
1233 this section.
1234 Section 22. Section 110.1315, Florida Statutes, is amended
1235 to read:
1236 110.1315 Alternative benefits; other-personal-services
1237 employees.—
1238 (1) Upon review and recommendation of the department and
1239 approval of the Governor, the department may contract for the
1240 implementation of an alternative retirement income security
1241 program for eligible temporary and seasonal employees of the
1242 state who are compensated from appropriations for other personal
1243 services. The contract may provide for a private vendor or
1244 vendors to administer the program under a defined-contribution
1245 plan under ss. 401(a) and 403(b) or s. 457 of the Internal
1246 Revenue Code, and the program must provide retirement benefits
1247 as required under s. 3121(b)(7)(F) of the Internal Revenue Code.
1248 The department may develop a request for proposals and solicit
1249 qualified vendors to compete for the award of the contract. A
1250 vendor shall be selected on the basis of the plan that best
1251 serves the interest of the participating employees and the
1252 state. The proposal must comply with all necessary federal and
1253 state laws and rules.
1254 (2) The department may adopt rules necessary to administer
1255 this section.
1256 Section 23. Section 110.171, Florida Statutes, is amended
1257 to read:
1258 (Substantial rewording of section. See
1259 s. 110.171, F.S., for present text.)
1260 110.171 Telework program.—
1261 (1) State agencies shall support telework as an optional
1262 alternative work arrangement to support employee needs and shall
1263 implement telework arrangements where deemed appropriate. In
1264 addition, agencies may establish telework as an integral part of
1265 the normal business operations of the agency and require that
1266 specific work be performed through telework arrangements.
1267 Telework may also be used as part of an agency’s continuity of
1268 operations plan where appropriate.
1269 (2) Work extensions and the sporadic conduct of all or some
1270 of the work performed away from the official work site during
1271 all or some portion of the established work hours are not
1272 telework. These arrangements may be used by agencies to
1273 accommodate extenuating circumstances that allow employees to
1274 maintain productivity outside of the official work site. Mobile
1275 work is also not considered telework. Such activities do not
1276 require a written telework agreement. As used in this
1277 subsection, the term:
1278 (a) “Mobile work” means duties and responsibilities that,
1279 by their nature, are performed routinely in the field away from
1280 the official work site.
1281 (b) “Work extension” means the performance of required work
1282 duties away from the official work site and outside of
1283 established work hours on an occasional basis.
1284 (3) Each agency shall review all established positions and
1285 designate those positions that the agency deems appropriate for
1286 telework. The agency shall ensure this information is current
1287 and available to its employees and managers. In addition, each
1288 agency shall identify all currently participating employees and
1289 their respective positions in the state human resource
1290 information system created under s. 110.116.
1291 (4) Agencies that have a telework program shall develop an
1292 agency plan that addresses the agency’s telework policies and
1293 procedures. At a minimum, an agency telework plan must:
1294 (a) Establish criteria for evaluating the ability of
1295 employees to satisfactorily perform in a telework arrangement.
1296 (b) Establish performance standards that ensure that
1297 employees participating in the program maintain satisfactory
1298 performance levels.
1299 (c) Ensure teleworkers are subject to the same rules and
1300 disciplinary actions as other employees.
1301 (d) Establish the reasonable conditions that the agency
1302 plans to impose in order to ensure appropriate use and
1303 maintenance of any equipment issued by the agency.
1304 (e) Establish a system for monitoring the productivity of
1305 teleworking employees which ensures that the work output remains
1306 at a satisfactory level and that the duties and responsibilities
1307 of the position remain suitable for a telework arrangement.
1308 (f) Establish the appropriate physical and electronic
1309 information security controls to be maintained by a teleworker
1310 at the telework site.
1311 (g) Prohibit employees engaged in telework from conducting
1312 face-to-face state business at their residence.
1313 (5) Agencies that approve employees to use telework as an
1314 optional alternative work arrangement shall:
1315 (a) Require a written agreement between the teleworker and
1316 the agency which specifies the terms and conditions of the
1317 telework arrangement and provides for the termination of an
1318 employee’s participation in the program if the employee’s
1319 continued participation is not in the best interest of the
1320 agency.
1321 (b) Ensure that participation by an employee is voluntary
1322 and that the employee may discontinue participation after
1323 providing reasonable notice to the agency.
1324 (6) Agencies that require certain employees to telework as
1325 a part of normal business operations shall:
1326 (a) Include the requirement to telework and the associated
1327 terms and conditions as part of the position description,
1328 specifying the minimum amount of telework time required.
1329 (b) Provide at least 30 days’ written notice to affected
1330 employees of intent to impose or remove a requirement to
1331 telework.
1332 (c) Provide at least 15 days’ written notice to affected
1333 employees of intent to revise the terms and conditions of their
1334 current telework arrangement.
1335 (d) Provide equipment and supplies to an employee necessary
1336 to carry out job functions from the telework site.
1337 (e) Specify the telework requirement in any recruitment
1338 activities.
1339 (7) Agencies that have a telework program shall establish
1340 and track performance measures that support telework program
1341 analysis and report data annually to the department’s Facilities
1342 Program in accordance with s. 255.249(3)(d). Such measures must
1343 include, but need not be limited to, those that quantify:
1344 (a) Financial impacts associated with changes in office
1345 space requirements resulting from the telework program. State
1346 agencies operating in office space owned or managed by the
1347 department shall consult the Facilities Program to ensure
1348 consistency with the strategic leasing plan required under s.
1349 255.249(3)(b).
1350 (b) Energy consumption changes resulting from the telework
1351 program.
1352 (c) Greenhouse gas emission changes resulting from the
1353 telework program.
1354 (8) Agencies that have a telework program shall post the
1355 agency telework plan and any pertinent supporting documents on
1356 the agency website to allow access by employees and the public.
1357 (9) The department may adopt rules necessary to administer
1358 this section.
1359 Section 24. Section 110.2037, Florida Statutes, is
1360 transferred, renumbered as section 110.182, Florida Statutes,
1361 and amended to read:
1362 110.182 110.2037 Alternative benefits; tax-sheltered annual
1363 leave and sick leave payments and special compensation
1364 payments.—
1365 (1) The department may of Management Services has authority
1366 to adopt tax-sheltered plans under s. 401(a) of the Internal
1367 Revenue Code for state employees who are eligible for payment
1368 for accumulated leave. The department, Upon adoption of the
1369 plans, the department shall contract for a private vendor or
1370 vendors to administer the plans.
1371 (a) These plans are shall be limited to state employees who
1372 are over age 55 and who are: eligible for accumulated leave, and
1373 special compensation payments, and separating from employment
1374 with 10 years of service in accordance with the Internal Revenue
1375 Code, or who are participating in the Deferred Retirement Option
1376 Program on or after July 1, 2001.
1377 (b) The plans must provide benefits in a manner that
1378 minimizes the tax liability of the state and participants.
1379 (c) The plans must be funded by employer contributions of
1380 payments for accumulated leave or special compensation payments,
1381 or both, as specified by the department.
1382 (d) The plans must have received all necessary federal and
1383 state approval as required by law, must not adversely impact the
1384 qualified status of the Florida Retirement System defined
1385 benefit or defined contribution plans or the pretax benefits
1386 program, and must comply with the provisions of s. 112.65.
1387 Adoption of any plan is contingent on: the department receiving
1388 appropriate favorable rulings from the Internal Revenue Service;
1389 the department negotiating under the provisions of chapter 447,
1390 where applicable; and the Chief Financial Officer making
1391 appropriate changes to the state payroll system.
1392 (e) The department’s request for proposals by vendors for
1393 such plans may require that the vendors provide market-risk or
1394 volatility ratings from recognized rating agencies for each of
1395 their investment products.
1396 (f) The department shall provide for a system of continuous
1397 quality assurance oversight to ensure that the program
1398 objectives are achieved and that the program is prudently
1399 managed.
1400 (2) Within 30 days after termination of employment, an
1401 employee may elect to withdraw the moneys and no without penalty
1402 may be assessed by the plan administrator. If an any employee is
1403 adversely affected by payment of an excise tax or an any
1404 Internal Revenue Service penalty by withdrawing electing to
1405 withdraw funds within 30 days, the plan must shall include a
1406 provision that provides which will provide the employee with no
1407 less cash than if the employee had not participated in the plan.
1408 (3) These contracts may be used by any other pay plans or
1409 personnel systems in the executive, legislative, or judicial
1410 branches of government upon approval of the appropriate
1411 administrative authority.
1412 (4) Notwithstanding the terminal pay provisions of s.
1413 112.910 110.122, the department may contract for a tax-sheltered
1414 plan for leave and special compensation pay for employees who
1415 are terminating over age 55 and have with 10 years of service,
1416 and for employees participating in the Deferred Retirement
1417 Option Program on or after July 1, 2001, and who are over age
1418 55. The frequency of payments into the plan shall be determined
1419 by the department or as provided in the General Appropriations
1420 Act. This plan must or plans shall provide the greatest tax
1421 benefits to the employees and maximize the savings to the state.
1422 (5) The department shall determine by rule the design of
1423 the plans and the eligibility of participants.
1424 (6) Nothing in This section does not shall be construed to
1425 remove plan participants from the scope of s. 112.910(5)
1426 110.122(5).
1427 (7) The department may adopt rules necessary to administer
1428 this section.
1429 Section 25. Section 110.183, Florida Statutes, is created
1430 to read:
1431 110.183 Collective bargaining.—The department shall
1432 coordinate with the Governor and the agencies on personnel
1433 matters falling within the scope of collective bargaining and
1434 shall represent the Governor in collective bargaining
1435 negotiations and other collective bargaining matters as
1436 necessary. All discussions relative to collective bargaining
1437 between the department and the Governor and between the
1438 department and the agency heads, or discussions between any of
1439 their respective representatives, are exempt from the s.
1440 286.011, and all work products relative to collective bargaining
1441 developed in conjunction with such discussions are confidential
1442 and exempt from s. 119.07(1).
1443 Section 26. Section 110.184, Florida Statutes, is created
1444 to read:
1445 110.184 Workforce report.—The department shall prepare a
1446 workforce report on human resources in the State Personnel
1447 System. The report shall provide data and identify trends for
1448 planning and improving the management of the State Personnel
1449 System. The department shall annually submit the report to the
1450 Governor, the President of the Senate, and the Speaker of the
1451 House of Representatives.
1452 Section 27. The Division of Statutory Revision is requested
1453 to rename part II of chapter 110, Florida Statutes, “Civil
1454 Service.”
1455 Section 28. Section 110.202, Florida Statutes, is created
1456 to read:
1457 110.202 Declaration of policy.—This part creates the Civil
1458 Service within the State Personnel System as required by s. 14,
1459 Art. III of the State Constitution.
1460 Section 29. Section 110.205, Florida Statutes, as amended
1461 by chapter 2009-271, Laws of Florida, is amended to read:
1462 110.205 Civil Career Service; exemptions.—
1463 (1) CIVIL SERVICE CAREER POSITIONS.—The Civil career
1464 Service to which this part applies includes all positions within
1465 the State Personnel System not specifically exempted by this
1466 section part, notwithstanding any other provisions of law the
1467 Florida Statutes to the contrary notwithstanding.
1468 (2) EXEMPT POSITIONS.—The exempt positions that are not
1469 covered by this part include the following positions are
1470 exempted from the Civil Service:
1471 (a) Elected officers.—All officers of the executive branch
1472 elected by popular vote and persons appointed to fill vacancies
1473 in such offices. Unless otherwise fixed by law, the salary and
1474 benefits for an any such officer who serves as the head of an
1475 agency a department shall be set by the Department of Management
1476 Services in accordance with the rules of the Senior Management
1477 Service.
1478 (b) Legislative branch.—All members, officers, and
1479 employees of the legislative branch, except for the members,
1480 officers, and employees of the Florida Public Service
1481 Commission.
1482 (c) Judicial branch.—All members, officers, and employees
1483 of the judicial branch.
1484 (d) State universities.—All officers and employees of the
1485 state universities and the academic personnel and academic
1486 administrative personnel of the Florida School for the Deaf and
1487 the Blind. In accordance with the provisions of s. 1002.36, the
1488 salaries for academic personnel and academic administrative
1489 personnel of the Florida School for the Deaf and the Blind shall
1490 be set by the board of trustees for the school, subject only to
1491 the approval of the State Board of Education.
1492 (e) The Chief Information Officer in the Agency for
1493 Enterprise Information Technology. Unless otherwise fixed by
1494 law, the Agency for Enterprise Information Technology shall set
1495 the salary and benefits of this position in accordance with the
1496 rules of the Senior Management Service.
1497 (e)(f) Members of boards and commissions.—All members of
1498 state boards and commissions, however selected. Unless otherwise
1499 fixed by law, the salary and benefits for any full-time board or
1500 commission member shall be set by the Department of Management
1501 Services in accordance with the rules of the Senior Management
1502 Service.
1503 (g) Judges, referees, and receivers.
1504 (h) Patients or inmates in state institutions.
1505 (f)(i) Time-limited positions.—All positions that are
1506 established for a limited period of time for the purpose of
1507 conducting a special study, project, or investigation and any
1508 person paid from an other-personal-services appropriation.
1509 Unless otherwise fixed by law, the salaries for such positions
1510 and persons shall be set in accordance with rules established by
1511 the employing agency for other-personal-services payments
1512 pursuant to s. 112.907 110.131.
1513 (g)(j) Executive level positions.—The appointed secretaries
1514 and the State Surgeon General, assistant secretaries, deputy
1515 secretaries, and deputy assistant secretaries of all agencies
1516 departments; the executive directors, assistant executive
1517 directors, deputy executive directors, and deputy assistant
1518 executive directors of all agencies departments; the directors
1519 of all divisions and those positions determined by the
1520 Department of Management Services to have managerial
1521 responsibilities comparable to such positions, including which
1522 positions include, but are not limited to, program directors,
1523 assistant program directors, district administrators, deputy
1524 district administrators, general counsels, chief cabinet aides,
1525 public information administrators or comparable position for a
1526 cabinet officer, inspectors general, or legislative affairs
1527 directors the Director of Central Operations Services of the
1528 Department of Children and Family Services, the State
1529 Transportation Development Administrator, State Public
1530 Transportation and Modal Administrator, district secretaries,
1531 district directors of transportation development, transportation
1532 operations, transportation support, and the managers of the
1533 Department of Transportation offices specified in s.
1534 20.23(4)(b), the county health department directors and county
1535 health department administrators of the Department of Health,
1536 and the one additional position that may be designated by each
1537 agency and that reports directly to the agency head or to a
1538 position in the Senior Management Service and whose additional
1539 costs are absorbed from the existing budget of that agency of
1540 the Department of Transportation. Unless otherwise fixed by law,
1541 the Department of Management Services shall set the salary and
1542 benefits of these positions in accordance with the rules of the
1543 Senior Management Service; and the county health department
1544 directors and county health department administrators of the
1545 Department of Health.
1546 (k) The personal secretary to the incumbent of each
1547 position exempted in paragraphs (a), (e), and (j). Unless
1548 otherwise fixed by law, the department shall set the salary and
1549 benefits of these positions in accordance with the rules of the
1550 Selected Exempt Service.
1551 (h)(l) Governor’s Office.—All officers and employees in the
1552 office of the Governor, including all employees at the
1553 Governor’s mansion, and employees within each separate budget
1554 entity, as defined in chapter 216, assigned to the Governor.
1555 Unless otherwise fixed by law, the salary and benefits of these
1556 positions shall be set by the Department of Management Services
1557 as follows:
1558 1. The chief of staff, the assistant or deputy chief of
1559 staff, general counsel, director of legislative affairs, chief
1560 inspector general, director of cabinet affairs, director of
1561 press relations, director of planning and budgeting, director of
1562 administration, director of state-federal relations, director of
1563 appointments, director of external affairs, deputy general
1564 counsel, Governor’s liaison for community development, chief of
1565 staff for the Lieutenant Governor, deputy director of planning
1566 and budgeting, policy coordinators, and the director of each
1567 separate budget entity shall have their salaries and benefits
1568 set by the Department of Management Services in accordance with
1569 the rules of the Senior Management Service established.
1570 2. The salaries and benefits of positions not established
1571 in subparagraph 1. sub-subparagraph a. shall be set by the
1572 employing agency. Salaries and benefits of employees whose
1573 professional training is comparable to that of licensed
1574 professionals under paragraph (n) (r), or whose administrative
1575 responsibility is comparable to a bureau chief shall be set by
1576 the rules of the Selected Exempt Service. The Department of
1577 Management Services shall make the comparability determinations.
1578 Other employees shall have benefits set comparable to
1579 legislative staff, except leave shall be comparable to civil
1580 career service as if career service employees.
1581 (i)(m) Upper management positions.—All assistant division
1582 director, deputy division director, and bureau chief positions
1583 in any agency department, and those positions determined by the
1584 Department of Management Services to have managerial
1585 responsibilities comparable to such positions. Unless otherwise
1586 fixed by law, the salaries of benefits of these positions shall
1587 be set by the Department of Management Services in accordance
1588 with the rules of the Selected Exempt Service. These, which
1589 positions include, but are not limited to:
1590 1. Positions in the Department of Health and the Department
1591 of Children and Family Services which that are assigned primary
1592 duties of serving as the superintendent or assistant
1593 superintendent of an institution.
1594 2. Positions in the Department of Corrections which that
1595 are assigned primary duties of serving as the warden, assistant
1596 warden, colonel, or major of an institution or which that are
1597 assigned primary duties of serving as the circuit administrator
1598 or deputy circuit administrator.
1599 3. Positions in the Department of Transportation which that
1600 are assigned primary duties of serving as regional toll managers
1601 and managers of offices, as defined in s. 20.23(4)(b) and
1602 (5)(c), and captains and majors of the Office of Motor Carrier
1603 Compliance.
1604 4. Positions in the Department of Environmental Protection
1605 which that are assigned the duty of an environmental
1606 administrator or program administrator.
1607 5. Positions in the Department of Health which that are
1608 assigned the duties of environmental administrator, assistant
1609 county health department director, and county health department
1610 financial administrator.
1611 6. Positions in the Department of Children and Family
1612 Services which are assigned the duties of staff director,
1613 assistant staff director, district program manager, district
1614 program coordinator, district subdistrict administrator,
1615 district administrative services director, district attorney,
1616 and the deputy director of central operations services.
1617
1618 Unless otherwise fixed by law, the department shall set the
1619 salary and benefits of the positions listed in this paragraph in
1620 accordance with the rules established for the Selected Exempt
1621 Service.
1622 (j)(n) Additional managerial or policymaking positions.—
1623 1.a. In addition to those positions exempted by other
1624 paragraphs of this subsection, each agency department head may
1625 designate a maximum of 20 policymaking or managerial positions,
1626 as defined by the Department of Management Services and approved
1627 by the Administration Commission, as being exempt from the Civil
1628 Career Service System. Civil Career service employees who occupy
1629 a position designated as a position in the Selected Exempt
1630 Service under this paragraph may shall have the right to remain
1631 in the Civil Career Service System by opting to serve in a
1632 position not exempted by the employing agency. Unless otherwise
1633 fixed by law, the Department of Management Services shall set
1634 the salary and benefits of these positions in accordance with
1635 the rules of the Selected Exempt Service; provided, however,
1636 that if the agency head determines that the general counsel,
1637 chief Cabinet aide, public information administrator or
1638 comparable position for a Cabinet officer, inspector general, or
1639 legislative affairs director has both policymaking and
1640 managerial responsibilities and if the department determines
1641 that any such position has both policymaking and managerial
1642 responsibilities, the salary and benefits for each such position
1643 shall be established by the department in accordance with the
1644 rules of the Senior Management Service.
1645 b. In addition, each department may designate one
1646 additional position in the Senior Management Service if that
1647 position reports directly to the agency head or to a position in
1648 the Senior Management Service and if any additional costs are
1649 absorbed from the existing budget of that department.
1650 2. If otherwise exempt from the Civil Service, employees of
1651 the Public Employees Relations Commission, the Commission on
1652 Human Relations, and the Unemployment Appeals Commission, upon
1653 the certification of their respective commission heads, may, if
1654 otherwise qualified, be provided for under this paragraph as
1655 members of the Senior Management Service, if otherwise
1656 qualified. However, the deputy general counsel of the Public
1657 Employees Relations Commission shall be compensated in
1658 accordance with as members of the Selected Exempt Service.
1659 (k) Specialized managerial positions.—
1660 1. The Department of Management Services shall set the
1661 salary and benefits for the following positions in accordance
1662 with the rules of the Selected Exempt Service.
1663 a. Pursuant to s. 447.203(4), managerial employees who
1664 perform jobs that are not of a routine, clerical, or ministerial
1665 nature and require the exercise of independent judgment in the
1666 performance of such jobs and to whom one or more of the
1667 following applies: formulate or assist in formulating policies
1668 applicable to bargaining unit employees; assist in the
1669 preparation for the conduct of collective bargaining
1670 negotiations; administer agreements resulting from collective
1671 bargaining negotiations; have a significant role in personnel
1672 administration; have a significant role in employee relations;
1673 or have a significant role in the preparation or administration
1674 of the final budget for any public agency or institution or
1675 subdivision including having the authority to select and approve
1676 among alternative expenditures when necessary.
1677 b. Pursuant to s. 447.203(5), confidential employees who
1678 act in a confidential capacity to assist or aid managerial
1679 employees who are performing work and who have access to
1680 information that would provide an employee labor organization
1681 with an advantage at the bargaining table or in the
1682 administration of collective bargaining agreements.
1683 c. All supervisory employees, including supervisors,
1684 administrators and directors, who customarily and regularly plan
1685 and direct the work of two or more full-time employees or the
1686 equivalent, and who communicate with, motivate, train, and
1687 evaluate employees, and who have the authority to hire,
1688 transfer, suspend, layoff, recall, promote, discharge, assign,
1689 reward, or discipline subordinate employees or, effectively, to
1690 recommend such action.
1691 2. The exemptions provided in this paragraph are not
1692 applicable to the following:
1693 a. Managerial and supervisory employees who are designated
1694 as special risk or special risk administrative support;
1695 b. Attorneys who serve as administrative law judges
1696 pursuant to s. 120.65 or for hearings conducted pursuant to s.
1697 120.57(1)(a); and
1698 c. Professional health care providers as defined in s.
1699 110.1054, unless otherwise collectively bargained.
1700 (l)(o) Public Service Commission.—The executive director,
1701 deputy executive director, general counsel, inspector general,
1702 official reporters, and division directors within the Public
1703 Service Commission and the personal secretary and personal
1704 assistant to each member of the Public Service Commission.
1705 Unless otherwise fixed by law, the salary and benefits of the
1706 executive director, deputy executive directors, general counsel,
1707 inspector general, and the directors of all divisions and those
1708 positions determined to have managerial responsibilities
1709 comparable to such positions Director of Administration,
1710 Director of Appeals, Director of Auditing and Financial
1711 Analysis, Director of Communications, Director of Consumer
1712 Affairs, Director of Electric and Gas, Director of Information
1713 Processing, Director of Legal Services, Director of Records and
1714 Reporting, Director of Research, and Director of Water and Sewer
1715 shall be set by the department in accordance with the rules of
1716 the Senior Management Service. The salary and benefits of the
1717 personal secretary and the personal assistant of each member of
1718 the commission and the official reporters shall be set by the
1719 Department of Management Services in accordance with the rules
1720 of the Selected Exempt Service, notwithstanding any salary
1721 limitations imposed by law for the official reporters.
1722 (m)(p) Department of Military Affairs.—
1723 1. All military personnel of the Department of Military
1724 Affairs. Unless otherwise fixed by law, the salary and benefits
1725 for such military personnel shall be set by the Department of
1726 Military Affairs in accordance with the appropriate military pay
1727 schedule.
1728 2. The salary and benefits of military police chiefs,
1729 military police officers, firefighter trainers, firefighter
1730 rescuers, and electronic security system technicians shall be
1731 have salary and benefits the same as civil career service
1732 employees.
1733 (q) The staff directors, assistant staff directors,
1734 district program managers, district program coordinators,
1735 district subdistrict administrators, district administrative
1736 services directors, district attorneys, and the Deputy Director
1737 of Central Operations Services of the Department of Children and
1738 Family Services. Unless otherwise fixed by law, the Department
1739 shall establish the pay band and benefits for these positions in
1740 accordance with the rules of the Selected Exempt Service.
1741 (n)(r) Professional licensure.—All positions not otherwise
1742 exempt under this subsection which require as a prerequisite to
1743 employment: licensure as a physician pursuant to chapter 458;,
1744 licensure as an osteopathic physician pursuant to chapter 459;,
1745 licensure as a chiropractic physician pursuant to chapter 460,
1746 including those positions that which are occupied by employees
1747 who are exempted from licensure pursuant to s. 409.352;
1748 licensure as an engineer pursuant to chapter 471, which are
1749 supervisory positions; or for 12 calendar months, which require
1750 as a prerequisite to employment that the employee have received
1751 the degree of Bachelor of Laws or Juris Doctor from a law school
1752 accredited by the American Bar Association and thereafter
1753 membership in The Florida Bar, except for any attorney who
1754 serves as an administrative law judge pursuant to s. 120.65 or
1755 for hearings conducted pursuant to s. 120.57(1)(a). Unless
1756 otherwise fixed by law, the Department of Management Services
1757 shall set the salary and benefits for these positions in
1758 accordance with the rules of established for the Selected Exempt
1759 Service.
1760 (o)(s) Statewide Prosecutor.—The statewide prosecutor in
1761 charge of the Office of Statewide Prosecution of the Department
1762 of Legal Affairs and all employees in the office. The Department
1763 of Legal Affairs shall set the salary of these positions.
1764 (p)(t) Executive directors of regulatory boards and
1765 commissions.—The executive director of each board or commission
1766 established within the Department of Business and Professional
1767 Regulation or the Department of Health. Unless otherwise fixed
1768 by law, the Department of Management Services shall set
1769 establish the salary and benefits for these positions in
1770 accordance with the rules of established for the Selected Exempt
1771 Service.
1772 (q)(u) State Board of Administration.—All officers and
1773 employees of the State Board of Administration. The State Board
1774 of Administration shall set the salary salaries and benefits of
1775 these positions.
1776 (v) Positions that are leased pursuant to a state employee
1777 lease agreement expressly authorized by the Legislature pursuant
1778 to s. 110.191.
1779 (w) Managerial employees, as defined in s. 447.203(4),
1780 confidential employees, as defined in s. 447.203(5), and
1781 supervisory employees who spend the majority of their time
1782 communicating with, motivating, training, and evaluating
1783 employees, and planning and directing employees’ work, and who
1784 have the authority to hire, transfer, suspend, lay off, recall,
1785 promote, discharge, assign, reward, or discipline subordinate
1786 employees or effectively recommend such action, including all
1787 employees serving as supervisors, administrators, and directors.
1788 Excluded are employees also designated as special risk or
1789 special risk administrative support and attorneys who serve as
1790 administrative law judges pursuant to s. 120.65 or for hearings
1791 conducted pursuant to s. 120.57(1)(a). Additionally, registered
1792 nurses licensed under chapter 464, dentists licensed under
1793 chapter 466, psychologists licensed under chapter 490 or chapter
1794 491, nutritionists or dietitians licensed under part X of
1795 chapter 468, pharmacists licensed under chapter 465,
1796 psychological specialists licensed under chapter 491, physical
1797 therapists licensed under chapter 486, and speech therapists
1798 licensed under part I of chapter 468 are excluded, unless
1799 otherwise collectively bargained.
1800 (r)(x) Justice Administration Commission and similar
1801 entities.—All officers and employees of the Justice
1802 Administrative Commission, Office of the State Attorney, Office
1803 of the Public Defender, regional offices of capital collateral
1804 counsel, offices of criminal conflict and civil regional
1805 counsel, and Statewide Guardian Ad Litem Office, including the
1806 circuit guardian ad litem programs and the Florida Clerks of
1807 Court Operations Corporation.
1808 (s) Florida School for the Deaf and the Blind.—The academic
1809 personnel and academic administrative personnel of the Florida
1810 School for the Deaf and the Blind. In accordance with s.
1811 1002.36, the salaries for academic personnel and academic
1812 administrative personnel of the Florida School for the Deaf and
1813 the Blind shall be set by the board of trustees for the school,
1814 subject only to the approval of the State Board of Education.
1815 (t) Miscellaneous positions.—
1816 1. The Chief Information Officer in the Agency for
1817 Enterprise Information Technology. Unless otherwise fixed by
1818 law, the agency shall set the salary and benefits of this
1819 position in accordance with the rules of the Senior Management
1820 Service.
1821 2. The chief inspector of the boiler inspection program of
1822 the Department of Financial Services. The pay band of this
1823 position shall be set by the Department of Management Services
1824 in accordance with the classification and pay plan established
1825 for the Selected Exempt Service.
1826 3. The personal assistant to the incumbent of each position
1827 exempted in paragraph (a) or paragraph (g) or subparagraph 1.
1828 Unless otherwise fixed by law, the Department of Management
1829 Services shall set the salary and benefits of these positions in
1830 accordance with the rules of the Selected Exempt Service.
1831 4. Positions that are leased pursuant to a state employee
1832 lease agreement expressly authorized by the Legislature pursuant
1833 to s. 112.919.
1834 5. Judges, referees, and receivers of the executive branch.
1835 6. Positions held by patients or inmates in state
1836 institutions.
1837 (3) PARTIAL EXEMPTION OF DEPARTMENT OF LAW ENFORCEMENT.
1838 Employees of the Department of Law Enforcement shall be subject
1839 to the provisions of s. 110.227, except in matters relating to
1840 transfer.
1841 (4) DEFINITION OF DEPARTMENT.—When used in this section,
1842 the term “department” shall mean all departments and commissions
1843 of the executive branch, whether created by the State
1844 Constitution or chapter 20; the office of the Governor; and the
1845 Public Service Commission; however, the term “department” shall
1846 mean the Department of Management Services when used in the
1847 context of the authority to establish pay bands and benefits.
1848 (3)(5) POSITIONS EXEMPTED BY OTHER STATUTES.—If any
1849 position is exempted from the Civil career Service by any other
1850 statute and the personnel system to which that position is
1851 assigned is not specifically included in the statute, the
1852 position shall be placed in the Selected Exempt Service, and the
1853 Department of Management Services shall set establish the pay
1854 band and benefits for that position in accordance with the rules
1855 of the Selected Exempt Service.
1856 (4) RULES.—The Department of Management Services may adopt
1857 rules necessary to administer this section.
1858 (6) EXEMPTION OF CHIEF INSPECTOR OF BOILER SAFETY PROGRAM,
1859 DEPARTMENT OF FINANCIAL SERVICES.—In addition to those positions
1860 exempted from this part, there is hereby exempted from the
1861 Career Service System the chief inspector of the boiler
1862 inspection program of the Department of Financial Services. The
1863 pay band of this position shall be established by the Department
1864 of Management Services in accordance with the classification and
1865 pay plan established for the Selected Exempt Service.
1866 (5)(7) CARRYING LEAVE FORWARD.—If an employee is
1867 transferred or otherwise moves from the Civil Career Service
1868 System into the Selected Exempt Service, all of the employee’s
1869 unused annual leave, unused sick leave, and unused compensatory
1870 leave shall carry forward with the employee.
1871 Section 30. Section 110.208, Florida Statutes, is created
1872 to read:
1873 110.208 Classification system.—The department shall
1874 establish and maintain a uniform classification system
1875 applicable to all positions in the Civil Service and shall be
1876 responsible for the overall coordination, review, and
1877 maintenance of the system. A position may not be filled until it
1878 has been classified in accordance with the system.
1879 (1) The system must include:
1880 (a) A position classification system using job families,
1881 occupational groups, and a broadband level structure for each
1882 occupation within an occupational group.
1883 (b) A pay plan that provides broad-based pay bands for each
1884 occupational group.
1885 (2) In establishing and administering the system, the
1886 department:
1887 (a) Shall develop occupation profiles necessary for the
1888 establishment of new occupations or for the revision of existing
1889 occupations, and shall establish the appropriate occupation
1890 title and broadband level code for each occupation. The
1891 occupation profiles, titles, and codes are not rules within the
1892 meaning of s. 120.52.
1893 (b) Shall be responsible for conducting periodic studies
1894 and surveys to ensure that the classification system is
1895 maintained on a current basis.
1896 (c) May review in a postaudit capacity the action taken by
1897 an agency in classifying or reclassifying a position.
1898 (d) Shall effect a classification change on any
1899 classification or reclassification action taken by an agency if
1900 the action taken by the agency was not based on the duties and
1901 responsibilities officially assigned the position as they relate
1902 to the concepts and description contained in the official
1903 occupation profile and the level definition provided in the
1904 occupational group characteristics adopted by the department.
1905 (e) Shall adopt rules necessary to administer the
1906 classification system.
1907 (3) Each state agency is responsible for the day-to-day
1908 application of the classification system established by the
1909 department.
1910 (a) The agency shall maintain on an up-to-date position
1911 description for each authorized and established position
1912 assigned to the agency. The position description must include an
1913 accurate description of assigned duties and responsibilities and
1914 other pertinent information relating to a position and serves as
1915 a record of the official assignment of duties to the position.
1916 The description shall be used in comparing positions to ensure
1917 the uniformity of classifications.
1918 (b) The agency may classify positions authorized by the
1919 Legislature or authorized pursuant to s. 216.262, classify
1920 positions that are added in lieu of positions deleted pursuant
1921 to s. 216.262, and reclassify established positions.
1922 Classification and reclassification actions taken by an agency
1923 must be within the classification system occupations established
1924 by the department, shall be funded within the limits of
1925 currently authorized appropriations, and must be in accordance
1926 with the uniform procedures established by the department.
1927 Section 31. Section 110.2085, Florida Statutes, is created
1928 to read:
1929 110.2085 Pay plan.—
1930 (1) The department shall establish and maintain an
1931 equitable pay plan that applies to all positions in the Civil
1932 Service and shall be responsible for the overall review,
1933 coordination, and administration of the pay plan.
1934 (2) The department shall provide market-based pay bands for
1935 occupational groups and establish guidelines for state agencies
1936 to use when moving employees through such pay bands.
1937 (a) The agencies may determine the appropriate salary
1938 within the pay bands using the guidelines developed by the
1939 department. Such pay bands, and the assignment of broadband
1940 levels to positions, are not rules within the meaning of s.
1941 120.52.
1942 (b) The department, in consultation with the Executive
1943 Office of the Governor and the legislative appropriations
1944 committees, shall conduct compensation surveys as necessary for
1945 the purpose of achieving an equitable, competitive, market-based
1946 pay policy.
1947 (3) The department shall establish rules for the
1948 administration of pay additives and shall delegate to the state
1949 agencies, where appropriate, the authority to implement pay
1950 additives. The agency must use pay additives, as appropriate,
1951 within the guidelines established by the department and
1952 consistent with directions contained in the General
1953 Appropriations Act.
1954 (a) The following pay additives are authorized:
1955 1. Shift differentials.
1956 2. On-call.
1957 3. Hazardous-duty.
1958 4. Lead-worker duty.
1959 5. Temporary special duties.
1960 6. Trainer duties.
1961 7. Competitive area differentials.
1962 8. Critical market pay.
1963 (b) By March 1 of each year, each state agency shall submit
1964 a proposed plan to the department, the Executive Office of the
1965 Governor, and the Legislature for implementing pay additives for
1966 hazardous-duty, lead-worker, temporary special duties, and
1967 trainer duties for the next fiscal year.
1968 1. An agency may not implement pay additives to a cohort of
1969 positions sharing job classifications or job occupations unless
1970 the Legislature specifically authorizes such pay additives in
1971 the General Appropriations Act and the pay additives do not
1972 conflict with any collective bargaining agreement for that
1973 specific cohort of positions.
1974 2. Any proposed revision to an approved plan which becomes
1975 necessary during the fiscal year must be submitted by the agency
1976 to the department for review and recommendation to the Executive
1977 Office of the Governor and the Legislature. Such revisions may
1978 be implemented only after approval by the Executive Office of
1979 the Governor and the Legislature.
1980 (c) Any proposed action by an agency which requires the
1981 establishment of a new competitive area differential or a new
1982 critical market pay additive may be implemented only after the
1983 department has reviewed and recommended such action and it has
1984 been approved by the Executive Office of the Governor and the
1985 Legislature.
1986 (d) An agency may implement shift differentials and on-call
1987 additives as necessary to accomplish the mission of the agency
1988 and in accordance with collective bargaining agreements.
1989 (e) The department shall annually provide to the Executive
1990 Office of the Governor and the Legislature a summary report of
1991 the pay additives implemented pursuant to this section.
1992 (4) A state agency may implement salary increase and
1993 decrease corrections due to administrative errors.
1994 (5) The department may adopt rules necessary to administer
1995 this section.
1996 Section 32. Section 110.211, Florida Statutes, is amended
1997 to read:
1998 110.211 Recruitment.—
1999 (1) Recruiting shall be planned and carried out to ensure
2000 in a manner that assures open competition based upon current and
2001 projected employing agency needs, taking into consideration the
2002 number and types of positions to be filled and the labor market
2003 conditions, with special emphasis placed on recruiting efforts
2004 that to attract minorities, women, or other groups that are
2005 underrepresented in the workforce of a state the employing
2006 agency.
2007 (2) Recruiting efforts to fill current or projected
2008 vacancies shall be carried out in the sound discretion of the
2009 agency head.
2010 (3) Recruiting shall seek efficiency in advertising and may
2011 be assisted by a contracted vendor responsible for maintenance
2012 of the personnel data.
2013 (4) The department may adopt rules necessary to administer
2014 this section. All recruitment literature involving state
2015 position vacancies shall contain the phrase “An Equal
2016 Opportunity Employer/Affirmative Action Employer.”
2017 Section 33. Section 110.213, Florida Statutes, is amended
2018 to read:
2019 110.213 Selection.—
2020 (1) Selection for appointment from among the most qualified
2021 candidates is shall be the sole responsibility of the state
2022 employing agency. All new employees must successfully complete
2023 at least a 1-year probationary period before attainment of
2024 permanent status.
2025 (2) Selection shall reflect efficiency and simplicity in
2026 hiring procedures. The agency head or a his or her designee
2027 shall be required to document the qualifications of the selected
2028 candidate to ensure that the candidate meets the minimum
2029 requirements as specified by the employing agency;, meets the
2030 licensure, certification, or registration requirements, if any,
2031 as specified by statute;, and possesses the requisite knowledge,
2032 skills, and abilities for the position. No other documentation
2033 or justification is shall be required before prior to selecting
2034 a candidate for a position.
2035 (3) The department may adopt rules necessary to administer
2036 this section.
2037 Section 34. Section 110.2135, Florida Statutes, is amended
2038 to read:
2039 110.2135 Veterans’ preference in employment, reemployment,
2040 promotion, and retention.—
2041 (1) Preference in employment, reemployment, promotion, and
2042 retention shall be given to an eligible veteran pursuant to ss.
2043 295.07, 295.08, 295.085, and 295.09 if as long as the veteran
2044 meets the minimum eligibility requirements and has the
2045 knowledge, skills, and abilities required for the particular
2046 position.
2047 (2) A disabled veteran employed as the result of being
2048 placed at the top of the appropriate employment list under the
2049 provisions of s. 295.08 or s. 295.085 shall be appointed for a
2050 probationary period of 1 year. At the end of such period, if the
2051 work of the veteran has been satisfactorily performed, the
2052 veteran will acquire merit permanent employment status and will
2053 be subject to the employment rules of the department of
2054 Management Services and the agency employing the veteran
2055 veteran’s employing agency.
2056 (3) The department may adopt rules necessary to administer
2057 this section.
2058 Section 35. Section 110.215, Florida Statutes, is amended
2059 to read:
2060 110.215 Examinations and other employment qualification
2061 assessments administered to persons having disabilities.—
2062 (1) The purpose of this section is to further the policy of
2063 the State Personnel System to encourage and assist persons
2064 having disabilities to achieve maximum personal and vocational
2065 independence through useful and productive gainful employment by
2066 eliminating unwarranted barriers to their qualifying
2067 competitively for civil state career service jobs.
2068 (2) As used in this section, the term:
2069 (a) “Agency” includes each department and agency of the
2070 state.
2071 (a)(b) “Disability” means, with respect to an individual, a
2072 physical or mental impairment that substantially limits one or
2073 more of the major life activities of the individual, or a record
2074 of having such an impairment, or being regarded as having such
2075 an impairment.
2076 (b)(c) “Examination” includes employment tests and other
2077 structured, systematic instruments used to assess the essential
2078 knowledge, skills, abilities, minimum qualifications, and other
2079 job-related requirements possessed by an applicant as a basis
2080 for any employment decision by an agency.
2081 (3) An applicant for employment within the Civil State
2082 Career Service System who has a disability that impairs sensory,
2083 speaking, or manual skills may require an agency to administer
2084 an any examination to him or her in a format and manner that
2085 does not require use of an impaired skill, unless the test is
2086 designed to measure that skill. An applicant may request a
2087 reasonable accommodation in a test format on the basis of a
2088 disability.
2089 (4) The department may adopt rules necessary to administer
2090 this section.
2091 Section 36. Section 110.217, Florida Statutes, is amended
2092 to read:
2093 110.217 Appointment actions and status Appointments and
2094 promotion.—
2095 (1)(a) The department, in consultation with agencies that
2096 must comply with these rules, shall develop uniform rules
2097 regarding original appointment, promotion, demotion,
2098 reassignment, lateral transfer, separation, and status which
2099 must be used by state employing agencies. Such rules must be
2100 approved by the Administration Commission before their adoption
2101 by the department.
2102 (b) Employing agencies may seek exceptions to these uniform
2103 rules by filing a petition with the Administration Commission.
2104 The Administration Commission shall approve an exception when
2105 the exception is necessary to conform to any requirement imposed
2106 as a condition precedent to receipt of federal funds or to
2107 permit persons in this state to receive tax benefits under
2108 federal law, or as required for the most efficient operation of
2109 the agency as determined by the Administration Commission. The
2110 reasons for the exception must be published in the Florida
2111 Administrative Weekly.
2112 (c) Agency rules that provide exceptions to the uniform
2113 rules may not be filed with the Department of State unless the
2114 Administration Commission has approved the exceptions. Each
2115 agency that adopts rules that provide exceptions to the uniform
2116 rules or that must comply with statutory requirements that
2117 conflict with the uniform rules must have a separate chapter
2118 published in the Florida Administrative Code that delineates
2119 clearly the provisions of the agency’s rules which provide
2120 exceptions or are based upon a conflicting statutory
2121 requirement. Each alternative chosen from those authorized by
2122 the uniform rules must be specified. Each chapter must be
2123 organized in the same manner as the uniform rules.
2124 (2) An employee appointed on probationary status shall
2125 attain merit status in the position upon successful completion
2126 of at least a 1-year probationary period.
2127 (2) Each employing agency shall have the responsibility for
2128 the establishment and maintenance of rules and guidelines for
2129 determining eligibility of applicants for appointment to
2130 positions in the career service.
2131 (3) Eligibility shall be based on possession of required
2132 minimum qualifications for the job class and any required entry
2133 level knowledge, skills, and abilities, and any certification
2134 and licensure required for a particular position.
2135 (4) The employing agency shall be responsible for
2136 developing an employee career advancement program which shall
2137 assure consideration of qualified permanent employees in the
2138 agency or career service who apply. However, such program shall
2139 also include provisions to bring persons into the career service
2140 through open competition. Promotion appointments shall be
2141 subject to postaudit by the department.
2142 (5) The department shall adopt any rules necessary to
2143 implement the provisions of this section. The rules must be
2144 approved by a majority vote of the Administration Commission
2145 prior to their adoption by the department.
2146 Section 37. Section 110.219, Florida Statutes, is amended
2147 to read:
2148 110.219 Attendance and leave; general policies.—
2149 (1) The workday for each full-time state employee shall be
2150 8 hours or as otherwise authorized justified by the agency head.
2151 (2) Overtime may be required for any employee.
2152 (3) The granting of any leave of absence, with or without
2153 pay, shall be in accordance with applicable state or federal
2154 laws and the rules of the State Personnel System writing and
2155 shall be approved by the agency head. Those employees who, at
2156 the discretion of the agency, are An employee who is granted a
2157 leave of absence remain employees of the agency with or without
2158 pay shall be an employee of the state while on such leave and
2159 shall be returned to the same or comparable position or a
2160 different position in the same class and same work location upon
2161 termination of the approved leave of absence. The agency head
2162 and the employee may agree in writing to other conditions and
2163 terms under which the leave is to be granted.
2164 (4) Each agency shall keep an accurate record of all hours
2165 of work performed by each employee, as well as a complete and
2166 accurate record of all authorized leave which is approved. The
2167 ultimate responsibility for the accuracy and proper maintenance
2168 of all attendance and leave records shall be with the agency
2169 head.
2170 (4)(5) Rules shall be adopted by The department shall adopt
2171 rules to administer in cooperation and consultation with the
2172 agencies to implement the provisions of this section; however,
2173 such rules must be approved by the Administration Commission
2174 prior to their adoption. Such rules must provide for, but need
2175 not be limited to:
2176 (a) The maximum responsibility and authority resting with
2177 each agency head to administer attendance and leave matters in
2178 the agency within the parameters of the rules adopted by the
2179 department.
2180 (b) Creditable service in which 1 month of Service credit
2181 as it relates to the accrual and payment of leave is awarded for
2182 each calendar month that the employee is on the payroll of a
2183 state agency or during which the employee is on authorized leave
2184 without pay.
2185 (c) Holidays as provided in s. 110.117.
2186 (d) Overtime provisions.
2187 (e) Annual leave provisions.
2188 (f) Sick leave provisions.
2189 (g) Parental leave provisions.
2190 (h) Family medical leave provisions.
2191 (i) Disability leave provisions.
2192 (j) Compulsory disability leave provisions.
2193 (k) Administrative leave provisions.
2194 (l) Military leave provisions.
2195 (m) Educational leave with pay provisions.
2196 (n) Leave of absence without pay provisions.
2197 (6) The leave benefits provided to Senior Management
2198 Service employees shall not exceed those provided to employees
2199 in the Selected Exempt Service.
2200 (5)(7) Each December, a civil permanent career service
2201 employee who has merit status, or who is currently on
2202 probationary status due to a promotion that was immediately
2203 preceded by merit status, is shall be entitled, subject to
2204 available funds, to a payout of up to 24 hours of unused annual
2205 leave if the as follows:
2206 (a) A permanent career service employee has must have an
2207 annual leave balance of at least no less than 24 hours, after
2208 the payout, in order to qualify for this benefit.
2209 (b) A civil service No permanent career service employee
2210 may not shall receive a payout of greater than 240 hours over
2211 the course of the employee’s career with the state, including
2212 any leave received at the time of separation.
2213 Section 38. Section 110.224, Florida Statutes, is amended
2214 to read:
2215 110.224 Public Employee performance evaluation system.—An A
2216 public employee performance evaluation system shall be
2217 established as a basis for evaluating and improving the
2218 performance of the state’s workforce, to inform employees of
2219 strong and weak points in the employee’s performance, to
2220 identify training needs, and to award lump-sum bonuses and other
2221 performance-based incentives in accordance with s. 110.1245 or
2222 other provisions of law 110.1245(2).
2223 (1) Upon original appointment, promotion, demotion, or
2224 reassignment, a job description of the assigned position
2225 assigned must be made available to the civil career service
2226 employee. The job description may be made available in an
2227 electronic format.
2228 (2) Each employee shall must have a performance evaluation
2229 conducted at least annually which involves both, and the
2230 employee must receive an oral and written assessment of his or
2231 her performance evaluation. The performance evaluation may
2232 include a plan of action for improvement of the employee’s
2233 performance based on the work expectations or performance
2234 standards applicable to the position as determined by the agency
2235 head.
2236 (3) The department may adopt rules necessary to administer
2237 this section the public employee performance evaluation system
2238 which establish procedures for performance evaluation, review
2239 periods, and forms.
2240 Section 39. Section 110.227, Florida Statutes, is amended
2241 to read:
2242 110.227 Suspensions, dismissals, reductions in pay,
2243 demotions, layoffs, transfers, and grievances.—
2244 (1) An Any employee who has satisfactorily completed at
2245 least a 1-year probationary period in his or her current
2246 position may be suspended or dismissed only for cause. Cause
2247 includes shall include, but is not limited to, poor performance,
2248 negligence, inefficiency or inability to perform assigned
2249 duties, insubordination, violation of the provisions of law or
2250 agency rules, conduct unbecoming a public employee, misconduct,
2251 habitual drug abuse, or conviction of any crime. The agency head
2252 shall ensure that all employees of the agency have reasonable
2253 access to the agency’s personnel policies and procedures manual.
2254 (2)(a) The department shall establish rules and procedures
2255 for the suspension, reduction in pay, transfer, layoff,
2256 demotion, and dismissal of employees in the Civil career
2257 Service.
2258 (a) Except with regard to law enforcement or correctional
2259 officers, firefighters, or professional health care providers,
2260 rules regarding layoff procedures may shall not include any
2261 provision system whereby a civil career service employee with
2262 greater seniority has the option of selecting a different
2263 position not being eliminated, but either vacant or already
2264 occupied by an employee who has of less seniority, and taking
2265 that position, commonly referred to as “bumping.”
2266 (b) For the implementation of layoffs as defined in s.
2267 110.107, the department shall develop rules requiring retention
2268 of the agency’s employees based upon objective measures that
2269 give consideration to comparative merit, demonstrated skills,
2270 the employee’s experience, and the employee’s length of service.
2271 Such rules shall be approved by the Administration Commission
2272 before their adoption by the department.
2273 (3)(a) With regard to law enforcement or correctional
2274 officers, firefighters, or professional health care providers:,
2275 when
2276 (a) If a layoff becomes necessary, such layoff shall be
2277 conducted within the competitive area identified by the agency
2278 head and approved by the department of Management Services. Such
2279 competitive area shall be established taking into consideration
2280 the similarity of work; the organizational unit, which may be by
2281 agency, department, division, bureau, or other organizational
2282 unit; and the commuting area for the affected work affected.
2283 (b) With regard to law enforcement or correctional
2284 officers, firefighters, or professional health care providers,
2285 Layoff procedures shall be developed to establish the relative
2286 merit and fitness of employees and must shall include a formula
2287 for uniform application among all employees in the competitive
2288 area, taking into consideration the type of appointment, the
2289 length of service, and the evaluations of the employee’s
2290 performance within the last 5 years of employment.
2291 (4) A grievance process shall be available to civil career
2292 service employees who have satisfactorily completed at least a
2293 1-year probationary period in their current positions. A
2294 grievance is defined as the dissatisfaction that occurs when an
2295 employee believes that any condition affecting the employee is
2296 unjust, inequitable, or a hindrance to the effective performance
2297 of his or her job duties operation. Claims of discrimination and
2298 sexual harassment or claims related to suspensions, reductions
2299 in pay, demotions, and dismissals are not subject to the civil
2300 career service grievance process. The following procedures shall
2301 apply to any grievance filed pursuant to this subsection, except
2302 that all timeframes may be extended in writing by mutual
2303 agreement:
2304 (a) Step One.—The employee must may submit a signed,
2305 written grievance on a form provided by the agency to his or her
2306 supervisor within 14 calendar days following the occurrence of
2307 the event giving rise to the grievance. The supervisor must meet
2308 with the employee to discuss the grievance and provide a written
2309 response to the employee within 7 business days following
2310 receipt of the grievance.
2311 (b) Step Two.—If the employee is dissatisfied with the
2312 response of his or her supervisor, the employee must may submit
2313 the written grievance to the agency head or his or her designee
2314 within 7 business days following receipt of the supervisor’s
2315 written response. The agency head’s head or his or her designee
2316 may must meet with the employee to discuss the grievance within
2317 5 business days following receipt of the grievance. The agency
2318 head or his or her designee must respond in writing to the
2319 employee within 5 business days following receipt of the
2320 grievance the meeting. The written decision of the agency head
2321 or designee is shall be the final and binding authority for all
2322 grievances filed pursuant to this subsection. Such grievances
2323 may not be appealed beyond Step Two.
2324 (5)(a) A civil career service employee who has
2325 satisfactorily completed at least a 1-year probationary period
2326 in his or her current position and who is subject to a
2327 suspension, reduction in pay, demotion, involuntary transfer of
2328 more than 50 miles by highway, or dismissal shall receive
2329 written notice of such action at least 10 calendar days before
2330 prior to the date such action is to be taken.
2331 (a) Subsequent to such notice, and before prior to the date
2332 the action is to be taken, the affected employee shall be given
2333 an opportunity to appear before a designated agency official to
2334 rebut the agency or official taking the action to answer orally
2335 and in writing the charges against him or her. The notice to the
2336 employee required by this paragraph may be delivered to the
2337 employee personally or may be sent by certified mail with return
2338 receipt requested. Such actions are shall be appealable to the
2339 Public Employees Relations Commission as provided in subsection
2340 (6). Written notice of any such appeal shall be filed by the
2341 employee with the commission within 21 calendar days after the
2342 date on which the notice of suspension, reduction in pay,
2343 demotion, involuntary transfer of more than 50 miles by highway,
2344 or dismissal is received by the employee. Merit status that was
2345 attained in a previous position does not give rise to appeal
2346 rights under this section.
2347 (b) In extraordinary situations such as when the retention
2348 of a civil career service employee may who has satisfactorily
2349 completed at least a 1-year probationary period in his or her
2350 current position would result in damage to state property, may
2351 would be detrimental to the best interest of the state, or may
2352 would result in harm injury to the employee, a fellow employee,
2353 or some other person, such employee may be suspended or
2354 dismissed without 10 calendar days’ prior notice if, provided
2355 that written or oral notice of such action, including evidence
2356 of the reasons therefor, and an opportunity to rebut the charges
2357 are furnished to the employee before prior to such dismissal or
2358 suspension. Such notice may be delivered to the employee
2359 personally or may be sent by certified mail with return receipt
2360 requested. Agency compliance with the foregoing procedure
2361 requiring notice, evidence, and an opportunity for rebuttal must
2362 be substantiated. Any employee who is suspended or dismissed
2363 pursuant to the provisions of this paragraph may appeal to the
2364 Public Employees Relations Commission as provided in subsection
2365 (6). Written notice of any such appeal shall be filed with the
2366 commission by the employee within 21 calendar days after the
2367 date on which the notice of suspension, reduction in pay,
2368 demotion, or dismissal is received by the employee.
2369 (6) The following procedures shall apply to appeals filed
2370 pursuant to subsection (5) with the Public Employees Relations
2371 Commission, hereinafter referred to as the commission:
2372 (a) The commission must conduct a hearing within 60
2373 calendar days following the filing of a notice of appeal. An No
2374 extension of time for the hearing may not exceed 30 calendar
2375 days, absent exceptional circumstances, and no extension of time
2376 may not be granted without the consent of all parties. Discovery
2377 may be granted only upon the showing of extraordinary
2378 circumstances. A party requesting discovery must shall
2379 demonstrate a substantial need for the information requested and
2380 an inability to obtain relevant information by other means.
2381 Except where inconsistent with the requirements of this
2382 subsection, the provisions of s. 447.503(4) and (5) and chapter
2383 120 apply to proceedings held pursuant to this subsection.
2384 (b) A person may represent himself or herself in
2385 proceedings before the commission or may be represented by legal
2386 counsel or by an any individual who qualifies as a
2387 representative pursuant to rules adopted by the commission.
2388 (c) If the commission finds that cause did not exist for
2389 the agency action, the commission shall reverse the decision of
2390 the agency head and the employee shall be reinstated with or
2391 without back pay. If the commission finds that cause existed for
2392 the agency action, the commission shall affirm the decision of
2393 the agency head. The commission may not reduce the penalty
2394 imposed by the agency head, except in the case of law
2395 enforcement or correctional officers, firefighters, and
2396 professional health care providers, if the commission makes
2397 specific written findings of mitigation.
2398 (d) A recommended order shall be issued by the hearing
2399 officer within 30 days following the hearing. Exceptions to the
2400 recommended order must shall be filed within 15 days after the
2401 recommended order is issued. The final order shall be filed by
2402 the commission within no later than 45 calendar days after the
2403 hearing or after the filing of exceptions or oral arguments if
2404 granted.
2405 (e) Final orders issued by the commission pursuant to
2406 paragraph (d) are shall be reviewable as provided in s. 447.504.
2407 (7) Other than for law enforcement or correctional
2408 officers, firefighters, and professional health care providers,
2409 each suspension, dismissal, demotion, or reduction in pay must
2410 be reviewed without consideration of any other case or set of
2411 facts.
2412 (8) A civil career service employee who is serving a
2413 probationary period in a position to which he or she has been
2414 promoted may be removed from that promotional position at any
2415 time during the probationary period for inefficiency or
2416 inability to perform assigned duties but must be returned to his
2417 or her former position, or a comparable position, if such a
2418 position is vacant. If such a position is not available, before
2419 dismissal, the agency shall make a reasonable effort to retain
2420 the employee in another vacant position. This subsection does
2421 not apply to other dismissals terminations for cause as
2422 described in subsection (1), nor does it create a right to
2423 “bump” an employee from an occupied position as described in
2424 paragraph (2)(a). An employee who is removed from a promotional
2425 position under this subsection does not have grievance rights
2426 under subsection (4) or appeal rights under subsection (5) due
2427 to their probationary status.
2428 (9) Employees of the Department of Law Enforcement are
2429 subject to the provisions of this section, except in matters
2430 relating to transfer.
2431 Section 40. The Division of Statutory Revision is requested
2432 to renumber part V of chapter 110, Florida Statutes, as part
2433 III, consisting of ss. 110.302-3035, and to rename that part as
2434 “Selected Exempt Service.”
2435 Section 41. Section 110.601, Florida Statutes, is
2436 transferred, renumbered as section 110.302, Florida Statutes,
2437 and amended to read:
2438 110.302 110.601 Declaration of policy.—This part creates a
2439 system of personnel administration for management the purpose of
2440 delivering which is to deliver high-quality performance by
2441 selected exempt service those employees in the State Personnel
2442 System select exempt classifications by facilitating the state’s
2443 ability to attract and retain qualified personnel in these
2444 positions, while also providing sufficient management
2445 flexibility to ensure that the workforce is responsive to agency
2446 needs. The Legislature recognizes that the public interest is
2447 best served by developing and refining the technical and
2448 managerial skills of these its selected exempt service
2449 employees, and, to this end, technical training and management
2450 development programs are regarded as a major administrative
2451 function within agencies.
2452 Section 42. Section 110.602, Florida Statutes, is
2453 transferred, renumbered as section 110.3021, Florida Statues,
2454 and amended to read:
2455 110.3021 110.602 Selected Exempt Service; creation,
2456 coverage.—
2457 (1) The Selected Exempt Service is created as a separate
2458 system of personnel administration for select exempt positions
2459 that. Such positions shall include, and shall be limited to,
2460 those positions which are exempt from the Civil Career Service
2461 System pursuant to s. 110.205(2) and (5) and for which the
2462 salaries and benefits are set by the department in accordance
2463 with the rules of the Selected Exempt Service. The department
2464 shall designate all positions included in the Selected Exempt
2465 Service as either managerial/policymaking, professional, or
2466 nonmanagerial/nonpolicymaking.
2467 (2) Employees in the Selected Exempt Service shall serve at
2468 the pleasure of the agency head and are subject to personnel
2469 actions at the discretion of the agency head. Personnel actions
2470 that are tantamount to suspension, dismissal, reduction in pay,
2471 demotion, or transfer are exempt from chapter 120.
2472 Section 43. Section 110.605, Florida Statutes, is
2473 transferred, renumbered as section 110.3022, Florida Statutes,
2474 and amended to read:
2475 110.3022 110.605 Powers and duties; personnel rules,
2476 records, reports, and performance appraisal.—The department is
2477 responsible for the policy administration of the Selected Exempt
2478 Service. In carrying out that function the department shall:
2479 (1) Provide broad, market-based pay bands for occupations
2480 within the Selected Exempt Service and establish guidelines that
2481 allow state agencies flexibility to move employees through the
2482 pay bands. The agencies may determine the appropriate salary
2483 within the bands using the guidelines adopted by the department.
2484 The pay bands, and the assignment of bands to positions, do not
2485 constitute rules within the meaning of s. 120.52.
2486 (2) Establish a classification system and a salary and
2487 benefit plan for the Selected Exempt Service which provides for
2488 greater pay and benefits overall than are provided for the Civil
2489 Service and less pay and benefits overall than are provided for
2490 the Senior Management Service.
2491 (3) In consultation with the Executive Office of the
2492 Governor and the appropriation committees of the Legislature,
2493 conduct compensation surveys as necessary for achieving an
2494 equitable, competitive, market-based compensation policy for
2495 selected exempt service employees.
2496 (4) Establish a performance evaluation system for selected
2497 exempt service employees which takes into consideration
2498 individual and organizational efficiency, productivity, and
2499 effectiveness.
2500 (5) Establish a system for documenting department actions
2501 taken on agency requests for the approval of position exemptions
2502 and pay increases for selected exempt service employees.
2503 (6)(1) The department shall Adopt and administer uniform
2504 personnel rules, records, and reports relating to employees and
2505 positions in the Selected Exempt Service, as well as any other
2506 rules and procedures relating to personnel administration which
2507 are necessary to carry out the purposes of this part.
2508 (a) The rules adopted by the department and each state
2509 agency must comply with all federal regulations necessary to
2510 permit the agencies to receive federal funds.
2511 (b) Each agency shall operate within the uniform personnel
2512 rules adopted by the department pursuant to this part.
2513 (c) Each agency shall maintain up-to-date records and
2514 reports required by applicable rules.
2515 (d)(a) The department may shall develop uniform forms and
2516 instructions to be used for personnel in reporting transactions
2517 which involve changes in an employee’s salary, status,
2518 performance, leave, fingerprint record, loyalty oath, payroll
2519 change, or appointment action or any additional transactions as
2520 the department deems may deem appropriate.
2521 (b) The department shall develop a uniform performance
2522 appraisal system for employees and positions in the Selected
2523 Exempt Service covered by a collective bargaining agreement.
2524 Each employing agency shall develop a performance appraisal
2525 system for all other employees and positions in the Selected
2526 Exempt System. Such agency system shall take into consideration
2527 individual and organizational efficiency, productivity, and
2528 effectiveness.
2529 (c) The employing agency must maintain, on a current basis,
2530 all records and reports required by applicable rules. The
2531 department shall periodically audit employing agency records to
2532 determine compliance with the provisions of this part and the
2533 rules of the department.
2534 (d) The department shall develop a program of affirmative
2535 and positive actions that will ensure full utilization of women
2536 and minorities in Selected Exempt Service positions.
2537 (2) Each employing agency shall operate within the uniform
2538 personnel rules adopted by the department pursuant to the
2539 provisions of this part. Each employing agency may adopt rules
2540 as necessary to implement the provisions of this part, but such
2541 rules shall not prescribe any personnel policies inconsistent
2542 with the provisions of this part or the rules of the department.
2543 (3) The rules adopted by the department and each employing
2544 agency under this part shall comply with all federal regulations
2545 necessary to permit the state agencies to be eligible to receive
2546 federal funds.
2547 (4) The department shall adopt by rule procedures for
2548 Selected Exempt Service employees that require disclosure to the
2549 agency head of any application for or offer of employment, gift,
2550 contractual relationship, or financial interest with any
2551 individual, partnership, association, corporation, utility, or
2552 other organization, whether public or private, doing business
2553 with or subject to regulation by the agency.
2554 (5) The secretary may periodically hire a consultant with
2555 expertise in personnel management to advise him or her with
2556 respect to the administration of the Selected Exempt Service.
2557 Section 44. Section 110.3023, Florida Statutes, is created
2558 to read:
2559 110.3023 Recruitment.—
2560 (1) Each state agency is responsible for establishing a
2561 process for employing, advancing, and deploying selected exempt
2562 service staff to meet agency needs.
2563 (2) If normal recruitment efforts of the agency through the
2564 use of the department’s designated human resource information
2565 system, trade journals, or magazines are unsuccessful, the
2566 agency may contract with a person or firm to conduct a
2567 multistate search for hard-to-fill professional positions. The
2568 contracted search person or firm must satisfy the following
2569 criteria:
2570 (a) Willingness to accept contingency contracts with fees
2571 up to 30 percent of the annual salary of the applicant, to be
2572 paid upon employment of an applicant produced by the search.
2573 (b) Demonstrated capacity to perform effectively at
2574 competitive industry prices.
2575 (c) Evidence of successful placements in the public sector
2576 by level and type of placement.
2577 (d) Agreement for the delivery of services within 90
2578 calendar days after the date of the requested search by the
2579 agency, unless an extension is granted by the agency.
2580 (e) Ability to attract minorities and women as evidenced by
2581 applicant pools generated for previous clients.
2582 Section 45. The Division of Statutory Revision is requested
2583 to renumber part III of chapter 110, Florida statutes, as part
2584 IV, consisting of ss. 110.401-110.4035, and to rename that part
2585 as “Senior Management Service.”
2586 Section 46. Section 110.401, Florida Statutes, is amended
2587 to read:
2588 110.401 Declaration of policy.—This part creates a uniform
2589 system of personnel administration for attracting, retaining,
2590 and developing highly competent, executive-level senior-level
2591 managers within the State Personnel System at the highest
2592 executive-management-level agency positions in order for the
2593 highly complex programs and agencies of state government to
2594 function effectively, efficiently, and productively. The
2595 Legislature recognizes that executive-level senior-level
2596 management is an established profession and that the public
2597 interest is best served by developing and refining the
2598 management skills of its senior management service employees.
2599 Accordingly, training and management-development programs are
2600 regarded as a major administrative function within agencies.
2601 Section 47. Section 110.402, Florida Statutes, is amended
2602 to read:
2603 110.402 Senior Management Service; creation, coverage.—
2604 (1) The Senior Management Service is created as a separate
2605 system of personnel administration for positions in the State
2606 Personnel System which perform executive branch the duties and
2607 responsibilities that of which are primarily and essentially
2608 policymaking or managerial in nature.
2609 (2) Such positions are The Senior Management Service shall
2610 be limited to those positions that which are exempt from the
2611 Civil Career Service under System by s. 110.205(2) and for which
2612 the salaries and benefits are set by the department in
2613 accordance with the rules of the Senior Management Service.
2614 (2) Employees in the Senior Management Service shall serve
2615 at the pleasure of the agency head and are subject to personnel
2616 actions at the discretion of the agency head. Personnel actions
2617 that are tantamount to suspension, dismissal, reduction in pay,
2618 demotion, or transfer are exempt from chapter 120.
2619 Section 48. Section 110.403, Florida Statutes, is amended
2620 to read:
2621 110.403 Powers and duties of the department.—The department
2622 is responsible for the policy administration of the Senior
2623 Management Service. To carry out that function the department
2624 shall:
2625 (1) In order to implement the purposes of this part, the
2626 Department of Management Services, after approval by the
2627 Administration Commission, shall adopt and amend rules providing
2628 for:
2629 (1)(a) Establish a system for employing, advancing, and
2630 deploying senior management service employees which promoting,
2631 or reassigning managers that is responsive to organizational or
2632 program needs. In no event shall The number of positions
2633 included in the Senior Management Service may not exceed 1.0
2634 percent of the total full-time equivalent positions in the Civil
2635 career Service. The department may not approve the establishment
2636 of shall deny approval to establish any position within the
2637 Senior Management Service which exceeds would exceed the
2638 limitation established in this paragraph. The department shall
2639 report that the limitation has been reached to the Governor, the
2640 President of the Senate, and the Speaker of the House of
2641 Representatives, as soon as practicable after it such event
2642 occurs. Employees in the Senior Management Service shall serve
2643 at the pleasure of the agency head and shall be subject to
2644 suspension, dismissal, reduction in pay, demotion, transfer, or
2645 other personnel action at the discretion of the agency head.
2646 Such personnel actions are exempt from the provisions of chapter
2647 120.
2648 (2) Provide broad, market-based pay bands for occupations
2649 within the Senior Management Service and establish guidelines
2650 that allow state agencies flexibility to move employees through
2651 the pay bands. The agencies may determine the appropriate salary
2652 within the bands using the guidelines established by the
2653 department. Such pay bands and the assignment of bands to
2654 positions do not constitute rules within the meaning of s.
2655 120.52.
2656 (b) A performance appraisal system which shall take into
2657 consideration individual and organizational efficiency,
2658 productivity, and effectiveness.
2659 (3)(c) Establish a classification system plan and a salary
2660 and benefit plan for senior management service employees which
2661 that provides appropriate incentives for the recruitment and
2662 retention of outstanding management personnel and provides for
2663 salary increases based on performance.
2664 (4) In consultation with the Executive Office of the
2665 Governor and the appropriation committees of the Legislature,
2666 conduct compensation surveys as necessary for the purpose of
2667 achieving an equitable, competitive, market-based compensation
2668 policy for senior management service employees.
2669 (5) Establish a performance evaluation system for senior
2670 management service employees which takes into consideration
2671 individual and organizational efficiency, productivity, and
2672 effectiveness.
2673 (d) A system of rating duties and responsibilities for
2674 positions within the Senior Management Service and the
2675 qualifications of candidates for those positions.
2676 (6)(e) Establish a system for documenting actions taken on
2677 agency requests for approval of position exemptions and special
2678 pay increases for senior management service employees.
2679 (7) Adopt and administer personnel rules, records, and
2680 reports relating to employees and positions in the Senior
2681 Management Service, as well as any other rules or procedures
2682 relating to personnel administration which are necessary for
2683 carrying out the purposes of this part.
2684 (a) The rules adopted by the department must comply with
2685 all federal regulations necessary for state agencies to receive
2686 federal funds.
2687 (b) Each agency shall operate within the personnel rules
2688 adopted by the department pursuant to this part.
2689 (c) The agency shall maintain up-to-date records and
2690 reports required by applicable rules.
2691 (d) The department may develop uniform forms and
2692 instructions to be used in connection with personnel
2693 transactions as the department deems appropriate.
2694 (f) Requirements regarding recordkeeping by agencies with
2695 respect to Senior Management Service positions. Such records
2696 shall be audited periodically by the Department of Management
2697 Services to determine agency compliance with the provisions of
2698 this part and the rules of the Department of Management
2699 Services.
2700 (g) Other procedures relating to personnel administration
2701 to carry out the purposes of this part.
2702 (h) A program of affirmative and positive action that will
2703 ensure full utilization of women and minorities in Senior
2704 Management Service positions.
2705 (2) The powers, duties, and functions of the department of
2706 Management Services shall include responsibility for the policy
2707 administration of the Senior Management Service.
2708 (3) The department shall have the following additional
2709 responsibilities:
2710 (a) To establish and administer a professional development
2711 program that shall provide for the systematic development of
2712 managerial, executive, or administrative skills. Such a program
2713 shall include the following topics:
2714 1. Improving the performance of individual employees. This
2715 topic provides skills in understanding and motivating individual
2716 performance, providing effective and timely evaluations of
2717 employees, and making recommendations on performance incentives
2718 and disincentives.
2719 2. Improving the performance of groups of employees. This
2720 topic provides skills in creating and maintaining productive
2721 workgroups and making recommendations on performance incentives
2722 and disincentives.
2723 3. Relating the efforts of employees to the goals of the
2724 organization. This topic provides skills in linking the work of
2725 individual employees to the goals of the agency program,
2726 service, or activity.
2727 4. Strategic planning. This topic provides the skills for
2728 defining agency business processes, measuring performance of
2729 such processes, and reengineering such processes for improved
2730 efficiency and effectiveness.
2731 5. Team leadership. This topic provides skills in effective
2732 group processes for organizational motivation and productivity
2733 based on proven business and military applications that
2734 emphasize respect for and courtesy to the public.
2735 (b) To promote public understanding of the purposes,
2736 policies, and programs of the Senior Management Service.
2737 (c) To approve contracts of employing agencies with persons
2738 engaged in the business of conducting multistate executive
2739 searches to identify qualified and available applicants for
2740 Senior Management Service positions for which the department
2741 sets salaries in accordance with the classification and pay
2742 plan. Such contracts may be entered by the agency head only
2743 after completion of an unsuccessful in-house search. The
2744 department shall establish, by rule, the minimum qualifications
2745 for persons desiring to conduct executive searches, including a
2746 requirement for the use of contingency contracts. These rules
2747 shall ensure that such persons possess the requisite capacities
2748 to perform effectively at competitive industry prices. These
2749 rules shall also comply with state and federal laws and
2750 regulations governing equal opportunity employment.
2751 (4) All policies and procedures adopted by the department
2752 regarding the Senior Management Service shall comply with all
2753 federal regulations necessary to permit the state agencies to be
2754 eligible to receive federal funds.
2755 (5) The department shall adopt, by rule, procedures for
2756 Senior Management Service employees that require disclosure to
2757 the agency head of any application for or offer of employment,
2758 gift, contractual relationship, or financial interest with any
2759 individual, partnership, association, corporation, utility, or
2760 other organization, whether public or private, doing business
2761 with or subject to regulation by the agency.
2762 Section 49. Section 110.4035, Florida Statutes, is created
2763 to read:
2764 110.4035 Recruitment.—
2765 (1) Each state agency is responsible for establishing a
2766 process for employing, advancing, and deploying executive level
2767 managers to meet agency needs.
2768 (2) If normal recruitment efforts are unsuccessful, the
2769 agency may contract with a person or firm to conduct a
2770 multistate search for executive level managers which satisfies
2771 the following criteria:
2772 (a) Willingness to accept contingency contracts with fees
2773 that do not exceed 30 percent of the annual salary of the
2774 applicant, to be paid upon employment of the applicant produced
2775 by the search.
2776 (b) Demonstrated capacity to perform effectively at
2777 competitive industry prices.
2778 (c) Evidence of successful placements in the public sector
2779 by level and type of placement.
2780 (d) Agreement for the delivery of services within 90
2781 calendar days after the date of the requested search by the
2782 agency, unless an extension is granted by the agency.
2783 (e) Ability to attract minorities and women as evidenced by
2784 applicant pools generated for previous clients.
2785 Section 50. The Division of Statutory Revision is requested
2786 to create part IX of chapter 112, Florida Statutes, to be
2787 entitled “State Employment,” and consisting of ss. 112.906
2788 112.924, Florida Statutes.
2789 Section 51. Section 112.906, Florida Statutes, is created
2790 to read:
2791 112.906 Definitions.—As used in this part, the term:
2792 (1) “Department” means the Department of Management
2793 Services.
2794 (2) “Other personal services” has the same meaning as in s.
2795 216.011(1).
2796 (3) “State agency” or “agency” means any official, officer,
2797 commission, board, authority, council, committee, or department
2798 of the executive branch or judicial branch of state government
2799 as defined in chapter 216, unless otherwise exempted by law.
2800 (5) “State employee” or “employee” means an employee of a
2801 state agency.
2802 Section 52. Section 110.131, Florida Statutes, is
2803 transferred, renumbered as section 112.907, Florida Statutes,
2804 and amended to read:
2805 112.907 110.131 Other-personal-services temporary
2806 employment.—
2807 (1) As used in this section, the term “agency” means any
2808 official, officer, commission, board, authority, council,
2809 committee, or department of the executive branch of state
2810 government and means any officer, court, commission, or other
2811 unit of the judicial branch of state government supported in
2812 whole or in part by appropriations made by the Legislature.
2813 (1)(2) An agency may employ any qualified individual in
2814 other-personal-services temporary employment for 1,040 hours
2815 within any 12-month period. For each other-personal-services
2816 employee, the agency shall:
2817 (a) Maintain employee records identifying, at a minimum,
2818 the person employed, hire date, type of other-personal-services
2819 employment, and the number of hours worked.
2820 (b) Determine the appropriate rate of pay and ensure that
2821 all payments are in compliance with the federal Fair Labor
2822 Standards Act and state law.
2823 (c) Review, determine, and document by June 30 of each year
2824 that the continuation of each other-personal-services employment
2825 position is necessary to the mission of the agency. This review
2826 process An extension beyond a total of 1,040 hours within an
2827 agency for any individual requires a recommendation by the
2828 agency head and approval by the Executive Office of the
2829 Governor. Approval of extensions shall be made in accordance
2830 with criteria established by the department. Each agency shall
2831 maintain employee information as specified by the department
2832 regarding each extension of other-personal-services temporary
2833 employment. The time limitation established by this subsection
2834 does not apply to board members; consultants; seasonal
2835 employees; institutional clients employed as part of their
2836 rehabilitation; bona fide, degree-seeking students in accredited
2837 secondary or postsecondary educational programs; employees hired
2838 to deal with an emergency situation that affects the public
2839 health, safety, or welfare; or employees hired for a project
2840 that is identified by a specific appropriation or time-limited
2841 grant.
2842 (2) Unless specifically provided by law, other-personal
2843 services employees are not eligible for any form of paid leave,
2844 paid holidays, paid personal day, participation in state group
2845 insurance or retirement benefits, or any other state employee
2846 benefit. Other-personal-services employees may be included in
2847 that part of an agency’s recognition and reward program that
2848 recognizes and rewards employees who submit innovative ideas
2849 that increase productivity, eliminate or reduce state
2850 expenditures, improve operations, or generate additional
2851 revenue, or who meet or exceed the agency’s established criteria
2852 for a project or goal.
2853 (3) The department shall adopt rules providing that other
2854 personal-services temporary employment in an employer-employee
2855 relationship shall be used for short-term tasks. Such rules
2856 shall specify the employment categories, terms, conditions, rate
2857 of pay, and frequency of other-personal-services temporary
2858 employment and the duration for which such employment may last;
2859 specify criteria for approving extensions beyond the time
2860 limitation provided in subsection (2); and prescribe
2861 recordkeeping and reporting requirements for other-personal
2862 services employment.
2863 (4) The department shall prepare written material
2864 explaining the terms and conditions of other-personal-services
2865 employment and shall provide master copies to each agency. Each
2866 agency shall provide each of its applicants for such employment
2867 with a copy thereof at the time of application and shall discuss
2868 the information contained thereon with each applicant at the
2869 time of interview or employment commencement, whichever occurs
2870 sooner.
2871 (5) The department shall maintain information relating to
2872 other-personal-services employment for each agency. Such
2873 information shall include:
2874 (a) The total amount of compensation for other-personal
2875 services personnel, by employment category, for the preceding
2876 fiscal year.
2877 (b) The name, social security number, employment category,
2878 employment commencement date, and number of hours worked for
2879 each individual whose initial other-personal-services temporary
2880 employment began before the start of the preceding fiscal year
2881 and who was still employed as an other-personal-services
2882 temporary employee at the end of the preceding fiscal year.
2883 (6)(a) The provisions of subsections (2), (3), and (4) do
2884 not apply to any employee for whom the Board of Governors of the
2885 State University System, or the board’s designee, or the Board
2886 of Trustees of the Florida School for the Deaf and the Blind is
2887 the employer as defined in s. 447.203(2); except that, for
2888 purposes of subsection (5), the Board of Trustees of the Florida
2889 School for the Deaf and the Blind shall comply with the
2890 recordkeeping and reporting requirements adopted by the
2891 department pursuant to subsection (3) with respect to those
2892 other-personal-services employees exempted by this subsection.
2893 (b) The provisions of subsections (2), (3), and (4) do not
2894 apply to any employee of the Division of Blind Services Library
2895 for the Blind and Physically Handicapped for whom the Division
2896 of Blind Services is the employer as defined in s. 447.203(2);
2897 except that, for purposes of subsection (5), the Division of
2898 Blind Services shall comply with the recordkeeping and reporting
2899 requirements adopted by the department pursuant to subsection
2900 (3) with respect to those other-personal-services employees
2901 exempted by this subsection.
2902 (c) Notwithstanding the provisions of this section, the
2903 agency head or his or her designee may extend the other
2904 personal-services employment of a health care practitioner
2905 licensed pursuant to chapter 458, chapter 459, chapter 460,
2906 chapter 461, chapter 463, part I of chapter 464, chapter 466,
2907 chapter 468, chapter 483, chapter 486, or chapter 490 beyond
2908 2,080 hours and may employ such practitioner on an hourly or
2909 other basis.
2910 (7) The Department of Management Services shall annually
2911 assess agencies for the regulation of other personal services on
2912 a pro rata share basis not to exceed an amount as provided in
2913 the General Appropriations Act.
2914 Section 53. Section 110.1128, Florida Statutes, is
2915 transferred and renumbered as section 112.908, Florida Statutes.
2916 Section 54. Section 110.1221, Florida Statutes, is
2917 transferred, renumbered as section 112.909, Florida Statutes,
2918 and amended to read:
2919 112.909 110.1221 Sexual harassment policy; executive agency
2920 rules.—It is the policy of the state that sexual harassment is a
2921 form of discrimination. Each agency that has authority to adopt
2922 rules governing the conditions of employment The department
2923 shall adopt uniform sexual harassment rules applicable to all
2924 executive agencies. Such the rules must define the term “sexual
2925 harassment” in a manner consistent with the federal definition.
2926 Section 55. Section 110.122, Florida Statutes, is
2927 transferred, renumbered as section 112.910, Florida Statutes,
2928 and amended to read:
2929 112.910 110.122 Terminal payment for accumulated sick
2930 leave.—
2931 (1) All state branches, departments, and agencies that are
2932 authorized which have the authority to establish or approve
2933 personnel policies for employees and to employ personnel and
2934 establish the conditions of their employment shall establish
2935 policies that to provide terminal “incentive” pay for
2936 accumulated and unused sick leave to each employee upon his or
2937 her normal or regular retirement for reason other than
2938 disability or upon termination of employment, or to the
2939 employee’s beneficiary if service is terminated by death,
2940 provided such retirement, termination, or death occurs after 10
2941 years of creditable state employment.
2942 (2) Each agency that is authorized to adopt rules governing
2943 the conditions of employment The employing entity shall
2944 establish and publish rules governing the accumulation and use
2945 of sick leave and maintain accurate and reliable records showing
2946 the amount of sick leave that which has accumulated and is
2947 unused by the employee at the time of retirement, death, or
2948 termination.
2949 (3) The payments authorized by this section shall be
2950 determined by using the rate of pay received by the employee at
2951 the time of retirement, termination, or death, applied to the
2952 sick leave time for which the employee is qualified to receive
2953 terminal “incentive” pay under the rules adopted by the
2954 department pursuant to the provisions of this section. The rules
2955 and policies must provide adopted pursuant to this section shall
2956 permit terminal pay for sick leave equal to one-eighth of all
2957 unused sick leave credit accumulated before prior to October 1,
2958 1973, plus one-fourth of all unused sick leave accumulated on or
2959 after October 1, 1973. However, terminal pay allowable for
2960 unused sick leave accumulated on or after October 1, 1973, may
2961 shall not exceed a maximum of 480 hours of actual payment.
2962 Employees must shall be required to use all sick leave
2963 accumulated before prior to October 1, 1973, before using sick
2964 leave accumulated on or after October 1, 1973.
2965 (4) The payments made pursuant to this section are shall
2966 not salary payments be considered in any state-administered
2967 retirement system as salary payments and may shall not be used
2968 in determining the average final compensation of an employee in
2969 any state-administered retirement system.
2970 (5) Any employee:
2971 (a) Who is found guilty in a court of competent
2972 jurisdiction of committing, aiding, or abetting any embezzlement
2973 or theft from the employee’s employer or bribery in connection
2974 with the employment, committed before prior to retirement or 10
2975 year normal creditable termination;
2976 (b) Whose employment is terminated by reason of the
2977 employee having admitted committing, aiding, or abetting an
2978 embezzlement or theft from his or her employer or by reason of
2979 bribery;
2980 (c) Who, prior to 10-year normal creditable termination or
2981 retirement is adjudged by a court of competent jurisdiction to
2982 have violated any state law against strikes by public employees;
2983 or
2984 (d) Who has been found guilty by a court of competent
2985 jurisdiction of violating any state law prohibiting strikes by
2986 public employees,
2987
2988 shall forfeit all rights and benefits under this section. An
2989 employee whose employment terminates as a result of an act
2990 committed subject to this subsection may shall not be given
2991 credit for unused sick leave accumulated before prior to
2992 termination should the employee be reemployed at a later date.
2993 Section 56. Section 110.121, Florida Statutes, is
2994 transferred, renumbered as 112.911, Florida Statutes, and
2995 amended to read:
2996 112.911 110.121 Sick leave pool.—Each state department or
2997 agency that of the state which has authority to adopt rules
2998 governing the accumulation and use of sick leave for employees,
2999 and which maintains accurate and reliable records showing the
3000 amount of sick leave that which has been accumulated and is
3001 unused by employees, may, in accordance with guidelines which
3002 shall be established by the Department of Management Services,
3003 adopt rules establishing for the establishment of a plan that
3004 allows allowing participating employees to pool and use sick
3005 leave and allowing any sick leave thus pooled to be used by any
3006 participating employee who has used all of the sick leave that
3007 has been personally accrued by him or her. Although not limited
3008 to the following, Such rules shall provide, but need not be
3009 limited to:
3010 (1) Minimum eligibility criteria That employees shall be
3011 eligible for participation in the sick leave pool after 1 year
3012 of employment with the state or agency of the state; provided
3013 that such employee has accrued a minimum amount of unused sick
3014 leave, which minimum shall be established by rule.
3015 (2) That participation in the sick leave pool is shall, at
3016 all times, be voluntary on the part of the employees.
3017 (3) That any sick leave pooled shall be removed from the
3018 personally accumulated sick leave balance of the employee
3019 contributing such leave.
3020 (4) That any sick leave in the pool which leave is used by
3021 a participating employee is shall be used only for the
3022 employee’s personal illness, accident, or injury.
3023 (5) That a participating employee may shall not be eligible
3024 to use sick leave accumulated in the pool until all of his or
3025 her personally accrued sick, annual, and compensatory leave, and
3026 his or her personal day, have has been used.
3027 (6) The A maximum number of hours days of sick leave in the
3028 pool which any one employee may use.
3029 (7) That a participating employee who uses sick leave from
3030 the pool is shall not be required to recontribute such sick
3031 leave to the pool, except as otherwise provided in this section.
3032 (8) That an employee who cancels his or her membership in
3033 the sick leave pool may shall not be eligible to withdraw the
3034 hours days of sick leave contributed by that employee to the
3035 pool.
3036 (9) That an employee who moves transfers from a one
3037 position in one agency state government to a another position in
3038 another agency state government may transfer from one pool to
3039 another if the eligibility criteria of the pools are comparable
3040 or the administrators of the pools have agreed on the a formula
3041 for transfer of credits.
3042 (10) That alleged abuse of the use of the sick leave pool
3043 shall be investigated, and, on a finding of wrongdoing, the
3044 employee must shall repay all of the sick leave credits drawn
3045 from the sick leave pool and is shall be subject to such other
3046 disciplinary action as is determined by the agency head.
3047 (11) That sick leave credits may be drawn from the sick
3048 leave pool by a part-time employee on a pro rata basis.
3049 Section 57. Section 110.119, Florida Statutes, is
3050 transferred, renumbered as section 112.912, Florida Statutes,
3051 and amended to read:
3052 112.912 110.119 Administrative leave for reexamination or
3053 treatment with respect to service-connected disability.—
3054 (1) An Any employee of the state who has been rated by the
3055 United States Department of Veterans Affairs or its predecessor
3056 to have incurred a service-connected disability and has been
3057 scheduled by the United States Department of Veterans Affairs to
3058 be reexamined or treated for the disability shall be granted
3059 administrative leave for such reexamination or treatment without
3060 loss of pay or benefits. However, such In no event shall the
3061 paid leave may not under this section exceed 48 hours per 6
3062 calendar days a year.
3063 (2) The department may adopt any rule necessary to carry
3064 out the purpose of this section.
3065 Section 58. Section 110.120, Florida Statutes, is
3066 transferred, renumbered as section 112.913, Florida Statutes,
3067 and amended to read:
3068 112.913 110.120 Administrative leave for disaster service
3069 volunteers.—
3070 (1) SHORT TITLE.—This section shall be known and may be
3071 cited as the “Florida Disaster Volunteer Leave Act.”
3072 (2) DEFINITIONS.—As used in this section, the following
3073 terms shall apply:
3074 (a) “State agency” means any official, officer, commission,
3075 board, authority, council, committee, or department of the
3076 executive branch of state government.
3077 (b) “Disaster” includes disasters designated at level II
3078 and above in the American National Red Cross regulations and
3079 procedures.
3080 (3) LEAVE OF ABSENCE.—An employee of a state agency who is
3081 a certified disaster service volunteer of the American Red Cross
3082 may be granted a leave of absence with pay for up to not more
3083 than 15 working days in any 12-month period to participate in
3084 specialized disaster relief services for the American Red Cross.
3085 Such leave of absence may be granted upon the request of the
3086 American Red Cross and upon the approval of the employer
3087 employee’s employing agency. An employee granted leave under
3088 this section may shall not be deemed to be an employee of the
3089 state for purposes of workers’ compensation. Leave under this
3090 section act may be granted only for services related to a
3091 disaster occurring within the boundaries of the State of
3092 Florida, except that, with the approval of the Governor and
3093 Cabinet, leave may be granted for services in response to a
3094 disaster occurring within the boundaries of the United States.
3095 Section 59. Section 110.1091, Florida Statutes, is
3096 transferred, renumbered as section 112.914, Florida Statutes,
3097 and amended to read:
3098 112.914 110.1091 Employee assistance programs; public
3099 records exemption.—
3100 (1) A An employing state agency may provide a counseling,
3101 therapeutic, or other professional treatment program to assist a
3102 any state employee who has a behavioral disorder, medical
3103 disorder, or substance abuse problem or who has an emotional
3104 difficulty that affects the employee’s job performance. The Each
3105 employing state agency may designate community diagnostic and
3106 referral resources as necessary to implement the provisions of
3107 this subsection.
3108 (2) A state employee’s personal identifying information
3109 contained in records held by a an employing state agency
3110 relating to an employee’s participation in an employee
3111 assistance program is confidential and exempt from the
3112 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
3113 Constitution.
3114 Section 60. Section 110.151, Florida Statutes, is
3115 transferred, renumbered as section 112.915, Florida Statutes,
3116 and amended to read:
3117 112.915 110.151 State officers’ and employees’ Child care
3118 services.—
3119 (1) A state agency may establish The Department of
3120 Management Services shall approve, administer, and coordinate
3121 child care services for state officers’ and employees’ children
3122 or dependents. Duties shall include, but not be limited to,
3123 reviewing and approving requests from state agencies for child
3124 care services; providing technical assistance on child care
3125 program startup and operation; and assisting other agencies in
3126 conducting needs assessments, designing centers, and selecting
3127 service providers. Primary emphasis for child care services
3128 shall be given to children who are not subject to compulsory
3129 school attendance pursuant to part II of chapter 1003, and, to
3130 the extent possible, emphasis shall be placed on child care for
3131 children aged 2 and under.
3132 (2) Child care programs may be located in state-owned
3133 office buildings, educational facilities and institutions,
3134 custodial facilities and institutions, and, with the consent of
3135 the President of the Senate and the Speaker of the House of
3136 Representatives, in buildings or spaces used for legislative
3137 activities. In addition, centers may be located in privately
3138 owned buildings conveniently located to the place of employment
3139 of those officers and employees to be served by the centers. If
3140 a child care program is located in a state-owned office
3141 building, educational facility or institution, or custodial
3142 facility or institution, or in a privately owned building leased
3143 by the state, a portion of the service provider’s rental fees
3144 for child care space may be waived by the sponsoring agency in
3145 accordance with the rules of the department’s Facilities Program
3146 Department of Management Services. Additionally, the sponsoring
3147 state agency may be responsible for the maintenance, utilities,
3148 and other operating costs associated with the child care center.
3149 (3) Except as otherwise provided in this section, the cost
3150 of child care services shall be offset by fees charged to
3151 employees who use the child care services. Requests for
3152 proposals may provide for a sliding fee schedule based on, with
3153 fees charged on the basis of the employee’s household income.
3154 (4) The provider of proposed child care services shall be
3155 selected by competitive contract. Requests for proposals shall
3156 be developed with the assistance of, and subject to the approval
3157 of, the Department of Management Services. Management of the
3158 contract with the service provider is shall be the
3159 responsibility of the sponsoring state agency.
3160 (5) An operator selected to provide services must comply
3161 with all state and local standards for the licensure and
3162 operation of child care facilities, maintain adequate liability
3163 insurance coverage, and assume financial and legal
3164 responsibility for the operation of the program. Neither The
3165 operator of and nor any personnel employed by or at a child care
3166 facility may not shall be deemed to be employees of the state.
3167 However, the sponsoring state agency may be responsible for the
3168 operation of the child care center if when:
3169 (a) A second request for proposals fails to procure a
3170 qualified service provider; or
3171 (b) The service provider’s contract is canceled and
3172 attempts to procure another qualified service provider are
3173 unsuccessful;
3174
3175 and plans for direct operation are approved by the Department of
3176 Management Services.
3177 (6) In the areas where the state has an insufficient number
3178 of employees to justify a worksite center, a state agency may
3179 join in a consortium arrangement using utilizing available state
3180 facilities with not-for-profit corporations or other public
3181 employers to provide child care services to both public
3182 employees and employees of private sector employers. The
3183 consortium agreement must first address the unmet child care
3184 needs of the children of the public employees whose employers
3185 are members of the consortium, and then address the child care
3186 needs of private sector employees.
3187 (7) The Department of Management Services may adopt any
3188 rules necessary to achieve the purposes of this section.
3189 Section 61. Section 110.181, Florida Statutes, is
3190 transferred and renumbered as section 112.916, Florida Statutes.
3191 Section 62. Section 110.1225, Florida Statutes, is
3192 transferred, renumbered as section 112.917, Florida Statutes,
3193 and amended to read:
3194 112.917 110.1225 Furloughs.—When a deficit is projected by
3195 the Revenue Estimating Conference pursuant to s. 216.136(3), in
3196 any fund that supports salary and benefit appropriations, the
3197 Administration Commission may propose a furlough plan to the
3198 Legislature, which must approve or disapprove such plan. The
3199 plan must identify all affected positions and ensure that all
3200 affected employees are subject to the same reduction of hours
3201 for the same number of pay periods with a commensurate reduction
3202 in pay. For the purposes of this section, the term “furlough”
3203 means a temporary reduction in the regular hours of employment
3204 in a pay period, or temporary leave without pay for one or more
3205 pay periods, with a commensurate reduction in pay.
3206 Section 63. Section 110.1155, Florida Statutes, is
3207 transferred and renumbered as section 112.918, Florida Statutes.
3208 Section 64. Section 110.191, Florida Statutes, is
3209 transferred, renumbered as section 112.919, Florida Statutes,
3210 and amended to read:
3211 112.919 110.191 State employee leasing.—
3212 (1) If In situations where the Legislature has expressly
3213 authorized a the state, an agency, or the judicial branch as
3214 defined in s. 110.107 to lease employees, the Executive Office
3215 of the Governor for the executive branch or the Chief Justice
3216 for the judicial branch may authorize any of the following
3217 actions related to such state employee leasing activities if,
3218 provided that the direct cost of such actions is to be paid or
3219 reimbursed within 30 days after payment by the entity or person
3220 to whom the employees are leased:
3221 (a) Creation of Create a separate budget entity from which
3222 leased employees are shall be paid and the transfer of the
3223 positions authorized to be leased to that budget entity.
3224 (b) Provide Increases in the operating budget entity.
3225 (c) Authorized Lump-sum salary bonuses to leased
3226 employees.; However, any lump-sum salary bonus above the
3227 automatic salary increases which may be contained in the General
3228 Appropriations Act must be funded from private sources.
3229 (d) Approve Increases in salary rate for positions that
3230 which are leased.; However, any salary rate above the automatic
3231 salary increases which may be contained in the General
3232 Appropriations Act must be funded from private sources.
3233 (e) The waiver of Waive any requirement for automatic
3234 salary increases that which may be contained in the General
3235 Appropriations Act.
3236 (2) Positions that which are in the Senior Management
3237 Service System or the Selected Exempt Service System on the day
3238 before the state employee lease agreement takes effect shall
3239 remain in the respective system if the duties performed by the
3240 position during the assignment of the state employee lease
3241 agreement are comparable as determined by the department. Those
3242 Senior Management Service System or Selected Exempt Service
3243 System positions that which are not determined comparable by the
3244 department, and positions that which are in other pay plans on
3245 the day before the lease agreement takes effect, shall have the
3246 same salaries and benefits provided to employees of the Office
3247 of the Governor pursuant to s. 110.205(2)(h)2. 110.205(2)(l)2.
3248 Section 65. Section 110.1082, Florida Statutes, is
3249 transferred, renumbered as section 112.920, Florida Statutes,
3250 and amended to read:
3251 112.920 110.1082 Telephone voice mail systems and telephone
3252 menu options systems.—
3253 (1) A No state employee may not use shall utilize a voice
3254 mail system when the employee is at his or her regularly
3255 assigned work station where his or her telephone is functional
3256 and available for use, unless:
3257 (a) The telephone device is in use, and/or;
3258 (b) The Such voice mail system alerts the caller to, and
3259 provides the caller with access to, a nonelectronic attendant;
3260 or
3261 (c) The Such voice mail system automatically transfers the
3262 caller to a nonelectronic attendant.
3263 (2) Telephone menu options systems used by state agencies
3264 must, departments, or other state government units will alert
3265 the caller to, and provide the caller with access to, a
3266 nonelectronic attendant.
3267 (3) Agency heads shall will ensure compliance with the
3268 provisions of this section.
3269 Section 66. Section 110.1165, Florida Statutes, is
3270 transferred, renumbered as section 112.921, Florida Statutes,
3271 and subsections (1) and (2) of that section are amended to read:
3272 112.921 110.1165 Executive branch personnel errors;
3273 limitation of actions for compensation.—
3274 (1) An agency of the executive branch, including the State
3275 University System, shall establish procedures for the receipt,
3276 consideration, and disposition of a claim regarding pay or
3277 benefits brought by an employee if the when that employee is
3278 damaged as a result of being provided with erroneous written
3279 information by the employing agency regarding his or her pay or
3280 benefits, and the employee detrimentally relies upon such
3281 written information. In order to qualify for the relief provided
3282 by this section, the employee’s reliance on the representation
3283 must have been reasonable and based only upon only the written
3284 representations made by those persons authorized by the agency
3285 head to make such representations. Furthermore, The erroneous
3286 calculation and payment of an employee’s salary, wages, or
3287 benefits is not among the written representations that which
3288 will trigger relief under this section.
3289 (2) An agency of the executive branch, including the State
3290 University System, may is authorized to take appropriate such
3291 action as may be appropriate to provide a remedy for an employee
3292 concerning his or her claim regarding detrimental reliance on
3293 erroneous written information provided by the employing agency
3294 relating to pay and benefits if, provided such remedy is within
3295 the purview of the agency’s authority. The agency may not has no
3296 authority whatsoever to modify the state retirement system or
3297 the state insurance program. Any monetary remedy afforded by the
3298 agency must fall within the agency’s budgetary authority. Any
3299 person dissatisfied with the outcome of this process may file
3300 either a grievance pursuant to the agency’s internal grievance
3301 process or an appeal to the Division of Administrative Hearings
3302 pursuant to chapter 120, but not both.
3303 Section 67. Section 112.922, Florida Statutes, is created
3304 to read:
3305 112.922 Penalties.—
3306 (1) Any person who willfully violates any provision of this
3307 part or any rules adopted pursuant to this part commits a
3308 misdemeanor of the second degree, punishable as provided in s.
3309 775.082 or s. 775.083.
3310 (2) Notwithstanding s. 112.011, any person who is convicted
3311 of a misdemeanor under this part is ineligible for appointment
3312 to or employment in a state position for 5 years. If such person
3313 is an employee of the state, he or she must forfeit his or her
3314 position.
3315 (3) Imposition of the penalties provided in this section
3316 may not be in lieu of any action that may be taken or penalties
3317 that may be imposed pursuant to part III of this chapter.
3318 Section 68. Section 112.923, Florida Statutes, is created
3319 to read:
3320 112.923 Direct deposit.—As a condition of employment, a
3321 state employee must participate in the direct deposit program
3322 pursuant to s. 17.076. An employee may request an exemption from
3323 this subsection if the employee can demonstrate a hardship or if
3324 the employee is in an other-personal-services position.
3325 Section 69. Section 110.114, Florida Statutes, is
3326 transferred, renumbered as section 112.924, Florida Statutes,
3327 and amended to read:
3328 112.924 110.114 Employee wage deductions.—
3329 (1) A state agency may The state or any of its departments,
3330 bureaus, commissions, and officers are authorized and permitted,
3331 with the concurrence of the Department of Financial Services, to
3332 make deductions from the salary or wage of an any employee or
3333 employees in an such amount as shall be authorized and requested
3334 by such employee or employees and for such purpose as shall be
3335 authorized and requested by the such employee or employees and
3336 shall pay such sums so deducted as directed by the such employee
3337 or employees. The concurrence of the Department of Financial
3338 Services is shall not be required for the deduction of a
3339 certified bargaining agent’s membership dues deductions pursuant
3340 to s. 447.303 or any deductions authorized by a collective
3341 bargaining agreement.
3342 (2) The approval of and making of approved deductions does
3343 shall not require the approval or making of other requested
3344 deductions.
3345 (3) Notwithstanding the provisions of subsections (1) and
3346 (2), the deduction of an employee’s membership dues deductions
3347 as defined in s. 447.203(15) for an employee organization as
3348 defined in s. 447.203(11) shall be authorized or permitted only
3349 for an organization that has been certified as the exclusive
3350 bargaining agent pursuant to chapter 447 for a unit of state
3351 employees in which the employee is included. Such deductions are
3352 shall be subject to the provisions of s. 447.303.
3353 (4) Records of employee requests and employer
3354 authorizations for deductions from an employee’s wage or salary,
3355 or the legal authority for the deduction, shall be maintained by
3356 the employer agency each employing entity.
3357 Section 70. The Division of Statutory Revision is requested
3358 to create part X of chapter 112, Florida Statutes, to be
3359 entitled “State Administered Benefits,” and consisting of ss.
3360 112.940-112.950, Florida Statutes.
3361 Section 71. Section 110.1227, Florida Statutes, is
3362 transferred, renumbered as section 112.940, Florida Statutes,
3363 and paragraph (c) of subsection (1) of that section is amended
3364 to read:
3365 112.940 110.1227 Florida Employee Long-Term-Care Plan Act.—
3366 (1) The Legislature finds that state expenditures for long
3367 term-care services continue to increase at a rapid rate and that
3368 the state faces increasing pressure in its efforts to meet the
3369 long-term-care needs of the public.
3370 (c) This act in no way affects the Department of Management
3371 Services’ authority pursuant to s. 112.942 110.123.
3372 Section 72. Section 110.1228, Florida Statutes, is
3373 transferred, renumbered as section 112.941, Florida Statutes,
3374 and subsection (2) of that section is amended to read:
3375 112.941 110.1228 Participation by small counties, small
3376 municipalities, and district school boards located in small
3377 counties.—
3378 (2) The governing body of a small county or small
3379 municipality or a district school board may apply for
3380 participation in the state group health insurance program
3381 authorized in s. 112.942 110.123 and the prescription drug
3382 coverage program authorized by s. 112.944 110.12315 by
3383 submitting an application along with a $500 nonrefundable fee to
3384 the department.
3385 Section 73. Section 110.123, Florida Statutes, is
3386 transferred, renumbered as section 112.941, Florida Statutes,
3387 and paragraph (f) of subsection (3) and paragraph (c) of
3388 subsection (4) of that section are amended to read:
3389 112.942 110.123 State group insurance program.—
3390 (3) STATE GROUP INSURANCE PROGRAM.—
3391 (f) Except as provided for in subparagraph (h)2., the state
3392 contribution toward the cost of any plan in the state group
3393 insurance program shall be uniform with respect to all state
3394 employees in a state collective bargaining unit participating in
3395 the same coverage tier in the same plan. This section does not
3396 prohibit the development of separate benefit plans for officers
3397 and employees exempt from the Civil career Service or the
3398 development of separate benefit plans for each collective
3399 bargaining unit.
3400 (4) PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE; LIMITATION
3401 ON ACTIONS TO PAY AND COLLECT PREMIUMS.—
3402 (c) During each policy or budget year, no state agency
3403 shall contribute a greater dollar amount of the premium cost for
3404 its officers or employees for any plan option under the state
3405 group insurance program than any other agency for similar
3406 officers and employees, nor shall any greater dollar amount of
3407 premium cost be made for employees in one state collective
3408 bargaining unit than for those in any other state collective
3409 bargaining unit. Nothing in this section prohibits the use of
3410 different levels of state contributions for positions exempt
3411 from the Civil career Service.
3412 Section 74. Section 110.12312, Florida Statutes, is
3413 transferred, renumbered as section 112.943, Florida Statutes,
3414 and amended to read:
3415 112.943 110.12312 Open enrollment period for retirees.—On
3416 or after July 1, 1997, the Department of Management Services
3417 shall provide for an open enrollment period for retired state
3418 employees who want to obtain health insurance coverage under ss.
3419 112.942 and 112.944 110.123 and 110.12315. The options offered
3420 during the open enrollment period must provide the same health
3421 insurance coverage as the coverage provided to active employees
3422 under the same premium payment conditions in effect for covered
3423 retirees, including eligibility for health insurance subsidy
3424 payments under s. 112.363. A person who separates from
3425 employment subsequent to May 1, 1988, but whose date of
3426 retirement occurs on or after August 1, 1995, is eligible as of
3427 the first open enrollment period occurring after July 1, 1997,
3428 with an effective date of January 1, 1998, as long as the
3429 retiree’s enrollment remains in effect.
3430 Section 75. Section 110.12315, Florida Statutes, is
3431 transferred and renumbered as section 112.944, Florida Statutes.
3432 Section 76. Section 110.1232, Florida Statutes, is
3433 transferred, renumbered as section 112.945, Florida Statutes,
3434 and amended to read:
3435 112.945 110.1232 Health insurance coverage for persons
3436 retired under state-administered retirement systems before
3437 January 1, 1976, and for spouses.—Notwithstanding any provisions
3438 of law to the contrary, the Department of Management Services
3439 shall provide health insurance coverage under the state group
3440 insurance program for persons who retired before January 1,
3441 1976, under any of the state-administered retirement systems and
3442 who are not covered by social security and for the spouses and
3443 surviving spouses of such retirees who are also not covered by
3444 social security. Such health insurance coverage shall provide
3445 the same benefits as provided to other retirees who are entitled
3446 to participate under s. 112.942 110.123. The claims experience
3447 of this group shall be commingled with the claims experience of
3448 other members covered under s. 112.942 110.123.
3449 Section 77. Section 110.1234, Florida Statutes, is
3450 transferred and renumbered as section 112.946, Florida Statutes.
3451 Section 78. Section 110.1238, Florida Statutes, is
3452 transferred and renumbered as section 112.947, Florida Statues.
3453 Section 79. Section 110.1239, Florida Statutes, is
3454 transferred and renumbered as section 112.948, Florida Statutes.
3455 Section 80. Section 110.161, Florida Statutes, is
3456 transferred, renumbered as section 112.949, Florida Statutes,
3457 and paragraph (a) of subsection (6) of that section is amended
3458 to read:
3459 112.949 110.161 State employees; pretax benefits program.—
3460 (6) The Department of Management Services is authorized to
3461 administer the pretax benefits program established for all
3462 employees so that employees may receive benefits that are not
3463 includable in gross income under the Internal Revenue Code of
3464 1986. The pretax benefits program:
3465 (a) Shall allow employee contributions to premiums for the
3466 state group insurance program administered under s. 112.942
3467 110.123 to be paid on a pretax basis unless an employee elects
3468 not to participate.
3469 Section 81. Section 112.950, Florida Statutes, is created
3470 to read:
3471 112.950 Penalties.—
3472 (1) Any person who willfully violates any provision of this
3473 part or any rules adopted pursuant to this part commits a
3474 misdemeanor of the second degree, punishable as provided in s.
3475 775.082 or s. 775.083.
3476 (2) Notwithstanding s. 112.011, any person who is convicted
3477 of a misdemeanor under this part is ineligible for appointment
3478 to or employment in a state position for 5 years, or, if an
3479 employee of the state, must forfeit his or her position.
3480 (3) Imposition of the penalties provided in this section
3481 may not be in lieu of any action that may be taken or penalties
3482 that may be imposed pursuant to part III of this chapter.
3483 Section 82. The Division of Statutory Revision is requested
3484 to renumber part IV of chapter 110, Florida statutes, as part
3485 XI, consisting of ss. 112.961-112.965, and to rename that part
3486 as “State Volunteer Services.”
3487 Section 83. Section 110.501, Florida Statutes, is
3488 transferred, renumbered as section 112.961, Florida Statutes,
3489 reordered, and amended to read:
3490 112.961 110.501 Definitions.—As used in this part, the term
3491 act:
3492 (2)(1) “Volunteer” means any person who, of his or her own
3493 free will, provides goods or services, or conveys an interest in
3494 or otherwise consents to the use of real property pursuant to
3495 chapter 260, to any state department or agency, or nonprofit
3496 organization, with no monetary or material compensation. A
3497 person registered and serving in Older American Volunteer
3498 Programs authorized by the Domestic Volunteer Service Act of
3499 1973, as amended (Pub. L. No. 93-113), shall also be defined as
3500 a volunteer and shall incur no civil liability as provided by s.
3501 768.1355. A volunteer shall be eligible for payment of volunteer
3502 benefits as specified in Pub. L. No. 93-113, this section, and
3503 s. 430.204.
3504 (2) “Regular-service volunteer” means any person engaged in
3505 specific voluntary service activities on an ongoing or
3506 continuous basis.
3507 (3) “Occasional-service volunteer” means any person who
3508 offers to provide a one-time or occasional voluntary service.
3509 (1)(4) “Material donor” means any person who provides
3510 funds, materials, employment, or opportunities for clients of
3511 state departments or agencies, without monetary or material
3512 compensation.
3513 (3) “State agency” or “agency” means any official, officer,
3514 commission, board, authority, council, committee, or department
3515 of the executive branch or judicial branch of state government
3516 as defined in chapter 216, unless otherwise exempted by law.
3517 Section 84. Section 110.502, Florida Statutes, is
3518 transferred, renumbered as section 112.962, Florida Statutes,
3519 and amended to read:
3520 112.962 110.502 Scope of act; status of volunteers.—
3521 (1) Every state department or state agency may, with the
3522 approval of the agency head, through the head of the department
3523 or agency, secretary of the department, or executive director of
3524 the department, is authorized to recruit, train, and accept,
3525 without regard to the requirements of the Civil State Career
3526 Service System as set forth in part II of this chapter, the
3527 services of volunteers, including regular-service volunteers,
3528 occasional-service volunteers, or material donors, to assist in
3529 programs administered by the department or agency.
3530 (2) Volunteers recruited, trained, or accepted by a any
3531 state department or agency are shall not be subject to any
3532 provisions of law relating to state employment, a to any
3533 collective bargaining agreement between the state and any
3534 employees’ association or union, or to any laws relating to
3535 hours of work, rates of compensation, leave time, and employee
3536 benefits, except those consistent with s. 112.964 110.504.
3537 However, all volunteers shall comply with applicable department
3538 or agency rules. Volunteers may be required by the agency to
3539 submit to security background screenings.
3540 (3) Every state department or agency using utilizing the
3541 services of volunteers is hereby authorized to provide such
3542 incidental reimbursement or benefit consistent with s. 112.964
3543 the provisions of s. 110.504, including transportation costs,
3544 lodging, and subsistence, identification and safety apparel,
3545 recognition, and other accommodations as the department or
3546 agency deems necessary to assist, recognize, reward, or
3547 encourage volunteers in performing their functions. An No
3548 department or agency may not shall expend or authorize an
3549 expenditure greater than therefor in excess of the amount
3550 provided for to the department or agency by appropriation in any
3551 fiscal year.
3552 (4) Persons working with state agencies pursuant to this
3553 part are shall be considered as unpaid independent volunteers
3554 and are shall not be entitled to unemployment compensation.
3555 Section 85. Section 110.503, Florida Statutes, is
3556 transferred, renumbered as section 112.963, Florida Statutes,
3557 and amended to read:
3558 112.963 110.503 Responsibilities of state departments and
3559 agencies.—Each state department or agency using utilizing the
3560 services of volunteers shall take such actions as are:
3561 (1) Take such actions as are Necessary and appropriate to
3562 develop meaningful opportunities for volunteers involved in
3563 state-administered programs.
3564 (2) Necessary to ensure that volunteers are provided with
3565 the state agency’s policies and procedures applicable to their
3566 volunteer activities. Comply with the uniform rules adopted by
3567 the Department of Management Services governing the recruitment,
3568 screening, training, responsibility, use, and supervision of
3569 volunteers.
3570 (3) Take such actions as are Necessary to ensure that
3571 volunteers understand their duties and responsibilities.
3572 (4) Necessary to ensure that a state employee whose primary
3573 employment consists of duties and responsibilities similar to
3574 those associated with volunteer activities is not considered for
3575 volunteer work if such work would require payment for overtime
3576 in accordance with the Fair Labor Standards Act.
3577 (4) Take such actions as are necessary and appropriate to
3578 ensure a receptive climate for citizen volunteers.
3579 (5) Provide for the recognition of volunteers who have
3580 offered continuous and outstanding service to state-administered
3581 programs. Each department or agency using the services of
3582 volunteers is authorized to incur expenditures not to exceed
3583 $100 each plus applicable taxes for suitable framed
3584 certificates, plaques, or other tokens of recognition to honor,
3585 reward, or encourage volunteers for their service.
3586 (6) Recognize prior volunteer service as partial
3587 fulfillment of state employment requirements for training and
3588 experience pursuant to rules adopted by the Department of
3589 Management Services.
3590 Section 86. Section 110.504, Florida Statutes, is
3591 transferred, renumbered as section 112.964, Florida Statutes,
3592 and amended to read:
3593 112.964 110.504 Volunteer benefits.—
3594 (1) Meals may be furnished without charge to regular
3595 service volunteers serving state agencies if departments,
3596 provided the scheduled assignment extends over an established
3597 meal period, and to occasional-service volunteers at the
3598 discretion of the department head. An agency may not No
3599 department shall expend or authorize any expenditure greater
3600 than in excess of the amount provided for by appropriation in
3601 any fiscal year.
3602 (2) Lodging, if available, may be furnished temporarily, in
3603 case of an agency a department emergency, at no charge to
3604 regular-service volunteers.
3605 (3) Transportation reimbursement may be furnished to those
3606 volunteers whose presence is determined to be necessary to the
3607 agency department. Volunteers may use utilize state vehicles in
3608 the performance of agency-related department-related duties. An
3609 agency may not No department shall expend or authorize an
3610 expenditure greater than in excess of the amount appropriated in
3611 any fiscal year.
3612 (4) Volunteers are shall be covered by state liability
3613 protection in accordance with the definition of a volunteer and
3614 the provisions of s. 768.28.
3615 (5) Volunteers shall be covered by workers’ compensation in
3616 accordance with chapter 440.
3617 (6) Incidental recognition benefits or incidental
3618 nonmonetary awards may be furnished to volunteers serving in
3619 state agencies departments to award, recognize, or encourage
3620 volunteers for their service. The awards may not cost more than
3621 in excess of $100 each plus applicable taxes.
3622 (7) Volunteers, including volunteers receiving a stipend as
3623 provided by the Domestic Service Volunteer Act of 1973, as
3624 amended, (Pub. L. No. 93-113), are shall be covered by s.
3625 768.1355, the Florida Volunteer Protection Act.
3626 Section 87. Section 112.965, Florida Statutes, is created
3627 to read:
3628 112.965 Penalties.—
3629 (1) Any person who willfully violates any provision of this
3630 part or any rules adopted pursuant to this part commits a
3631 misdemeanor of the second degree, punishable as provided in s.
3632 775.082 or s. 775.083.
3633 (2) Notwithstanding s. 112.011, any person who is convicted
3634 of a misdemeanor under this part is ineligible for appointment
3635 to or employment in a state position for 5 years, or, if an
3636 employee of the state, must forfeit his or her position.
3637 (3) Imposition of the penalties provided in this section
3638 may not be in lieu of any action that may be taken or penalties
3639 that may be imposed pursuant to part III of this chapter.
3640 Section 88. Sections 110.115, 110.118, 110.124, 110.129,
3641 110.1521, 110.1522, 110.1523, 110.201, 110.2035, 110.21,
3642 110.406, 110.603, 110.604, and 110.606, Florida Statutes, are
3643 repealed.
3644 Section 89. Paragraph (b) of subsection (1) of section
3645 11.13, Florida Statutes, is amended to read:
3646 11.13 Compensation of members.—
3647 (1)
3648 (b) On Effective July 1, 1986, and each July 1 of each year
3649 thereafter, the annual salaries of members of the Senate and
3650 House of Representatives shall be adjusted by the average
3651 percentage increase in the salaries of civil state career
3652 service employees for the fiscal year just concluded. The
3653 Appropriations Committee of each house shall certify to the
3654 Office of Legislative Services the average percentage increase
3655 in the salaries of civil state career service employees before
3656 July 1 of each year. The Office of Legislative Services shall,
3657 as of July 1 of each year, determine the adjusted annual
3658 salaries as provided in this paragraph herein.
3659 Section 90. Paragraph (c) of subsection (1) of section
3660 20.055, Florida Statutes, is amended to read:
3661 20.055 Agency inspectors general.—
3662 (1) For the purposes of this section:
3663 (c) “Individuals substantially affected” means natural
3664 persons who have established a real and sufficiently immediate
3665 injury in fact due to the findings, conclusions, or
3666 recommendations of a final report of a state agency inspector
3667 general, who are the subject of the audit or investigation, and
3668 who do not have or are not currently afforded an existing right
3669 to an independent review process. The term does not include:
3670 1. Employees of the state, including civil career service,
3671 probationary, other personal service, selected exempt service,
3672 and senior management service employees, are not covered by this
3673 definition. This definition also does not cover
3674 2. Former employees of the state if the final report of the
3675 state agency inspector general relates to matters arising during
3676 a former employee’s term of state employment. This definition
3677 does not apply to
3678 3. Persons who are the subject of audits or investigations
3679 conducted pursuant to ss. 112.3187-112.31895 or s. 409.913 or
3680 which are otherwise confidential and exempt under s. 119.07.
3681 Section 91. Subsection (6) of section 20.21, Florida
3682 Statutes, is amended to read:
3683 20.21 Department of Revenue.—There is created a Department
3684 of Revenue.
3685 (6) Notwithstanding s. 112.942 the provisions of s.
3686 110.123, relating to the state group insurance program, the
3687 department may pay, or participate in the payment of, premiums
3688 for health, accident, and life insurance for its full-time out
3689 of-state employees, pursuant to such rules as it may adopt,
3690 which and such payments are shall be in addition to the
3691 employees’ the regular salaries of such full-time out-of-state
3692 employees.
3693 Section 92. Paragraph (e) of subsection (1) and subsection
3694 (6) of section 20.23, Florida Statutes, as amended by chapter
3695 2009-271, Laws of Florida, are amended to read:
3696 20.23 Department of Transportation.—There is created a
3697 Department of Transportation which shall be a decentralized
3698 agency.
3699 (1)
3700 (e) The Any secretary appointed after July 5, 1989, and the
3701 assistant secretaries are shall be exempt from part IV the
3702 provisions of part III of chapter 110 and shall receive
3703 compensation commensurate with their qualifications and
3704 competitive with compensation for comparable responsibility in
3705 the private sector.
3706 (6) Notwithstanding the provisions of s. 110.205, the
3707 Department of Management Services may is authorized to exempt
3708 positions within the Department of Transportation which are
3709 comparable to positions within the Senior Management Service
3710 pursuant to s. 110.205(2)(g) 110.205(2)(j) or positions that
3711 which are comparable to positions in the Selected Exempt Service
3712 under s. 110.205(2)(i) 110.205(2)(m).
3713 Section 93. Subsection (2) of section 20.255, Florida
3714 Statutes, is amended to read:
3715 20.255 Department of Environmental Protection.—There is
3716 created a Department of Environmental Protection.
3717 (2)(a) There shall be three deputy secretaries who are to
3718 be appointed by and shall serve at the pleasure of the
3719 secretary. The secretary may assign any deputy secretary the
3720 responsibility to supervise, coordinate, and formulate policy
3721 for any division, office, or district. The following special
3722 offices are established and headed by managers, each of whom is
3723 to be appointed by and serve at the pleasure of the secretary:
3724 1. Office of Chief of Staff;
3725 2. Office of General Counsel;
3726 3. Office of Inspector General;
3727 4. Office of External Affairs;
3728 5. Office of Legislative Affairs;
3729 6. Office of Intergovernmental Programs; and
3730 7. Office of Greenways and Trails.
3731 (b) There shall be six administrative districts involved in
3732 regulatory matters of waste management, water resource
3733 management, wetlands, and air resources, which shall be headed
3734 by managers, each of whom is to be appointed by and serve at the
3735 pleasure of the secretary. Divisions of the department may have
3736 one assistant or two deputy division directors, as required to
3737 facilitate effective operation.
3738
3739 The managers of all divisions and offices specifically named in
3740 this section and the directors of the six administrative
3741 districts are exempt from part II of chapter 110 and are
3742 included in the Senior Management Service in accordance with s.
3743 110.205(2)(g) 110.205(2)(j).
3744 Section 94. Paragraph (d) of subsection (19) of section
3745 24.105, Florida Statutes, is amended to read:
3746 24.105 Powers and duties of department.—The department
3747 shall:
3748 (19) Employ division directors and other staff as may be
3749 necessary to carry out the provisions of this act; however:
3750 (d) The department shall establish and maintain a personnel
3751 program for its employees, including a personnel classification
3752 and pay plan that which may provide any or all of the benefits
3753 provided in the Senior Management Service or Selected Exempt
3754 Service. Each officer or employee of the department is shall be
3755 a member of the Florida Retirement System. The retirement class
3756 of each officer or employee is shall be the same as other
3757 persons performing comparable functions for other agencies.
3758 Employees of the department shall serve at the pleasure of the
3759 secretary and are shall be subject to suspension, dismissal,
3760 reduction in pay, demotion, transfer, or other personnel action
3761 at the discretion of the secretary. Such personnel actions are
3762 exempt from the provisions of chapter 120. All employees of the
3763 department are exempt from the Civil Career Service System
3764 provided in chapter 110 and, notwithstanding the provisions of
3765 s. 110.205(3) 110.205(5), are not included in either the Senior
3766 Management Service or the Selected Exempt Service. However, all
3767 employees of the department are subject to all standards of
3768 conduct adopted by rule for civil career service and senior
3769 management employees pursuant to chapter 110. In the event of a
3770 conflict between standards of conduct applicable to employees of
3771 the Department of the Lottery, the more restrictive standard
3772 applies shall apply. Interpretations as to the more restrictive
3773 standard may be provided by the Commission on Ethics upon
3774 request of an advisory opinion pursuant to s. 112.322(3)(a), and
3775 for purposes of this subsection, the opinion shall be considered
3776 final action.
3777 Section 95. Paragraph (d) of subsection (4) of section
3778 24.122, Florida Statutes, is amended to read:
3779 24.122 Exemption from taxation; state preemption;
3780 inapplicability of other laws.—
3781 (4) Any state or local law providing any penalty,
3782 disability, restriction, or prohibition for the possession,
3783 manufacture, transportation, distribution, advertising, or sale
3784 of any lottery ticket, including chapter 849, shall not apply to
3785 the tickets of the state lottery operated pursuant to this act;
3786 nor shall any such law apply to the possession of a ticket
3787 issued by any other government-operated lottery. In addition,
3788 activities of the department under this act are exempt from the
3789 provisions of:
3790 (d) Section 112.907 110.131, relating to other personal
3791 services.
3792 Section 96. Paragraph (b) of subsection (1) of section
3793 30.071, Florida Statutes, is amended to read:
3794 30.071 Applicability and scope of act.—
3795 (1) This act applies to all deputy sheriffs, with the
3796 following exceptions:
3797 (b) Deputy sheriffs in a county that, by special act of the
3798 Legislature, local charter, ordinance, or otherwise, has
3799 established a civil or career service system that which grants
3800 collective bargaining rights for deputy sheriffs, including, but
3801 not limited to, deputy sheriffs in the following counties:
3802 Broward, Miami-Dade, Duval, Escambia, and Volusia.
3803 Section 97. Subsection (4) of section 43.16, Florida
3804 Statutes, is amended to read:
3805 43.16 Justice Administrative Commission; membership, powers
3806 and duties.—
3807 (4)(a) The Justice Administrative Commission shall employ
3808 an executive director and fix his or her salary. The executive
3809 director shall employ any necessary personnel for the efficient
3810 performance of the commission according to a classification and
3811 pay plan annually approved by the commission.
3812 (b) Pursuant to s. 110.205(2)(r), all employees of or
3813 within the commission are exempt from the Civil Career Service
3814 System provided in chapter 110 and, notwithstanding s.
3815 110.205(3) 110.205(5), are not included in the Senior Management
3816 Service or the Selected Exempt Service. The commission shall
3817 annually approve a classification plan and salary and benefits
3818 plan.
3819 (c) Employees in permanent positions must be offered
3820 benefits comparable to those offered under the Civil Career
3821 Service System.
3822 (d) The commission may offer benefits greater than in
3823 excess of those offered under the Civil Career Service System
3824 only to employees who are appointed to positions designated as
3825 having managerial or policymaking duties or positions requiring
3826 membership in The Florida Bar.
3827 (e) By January 15th of each year, the commission shall
3828 submit to the Executive Office of the Governor, the President of
3829 the Senate, and the Speaker of the House of Representatives a
3830 listing of all positions receiving benefits greater than those
3831 benefits offered under the Civil Career Service System. Any
3832 change in the positions that are offered greater benefits or any
3833 change in the level of benefits is subject to the notice and
3834 objection procedures of s. 216.177.
3835 Section 98. Subsection (4) of section 104.31, Florida
3836 Statutes, is amended to read:
3837 104.31 Political activities of state, county, and municipal
3838 officers and employees.—
3839 (4) Nothing contained in this section or in any county or
3840 municipal charter shall be deemed to prohibit any public
3841 employee from expressing his or her opinions on any candidate or
3842 issue or from participating in any political campaign during the
3843 employee’s off-duty hours, so long as such activities are not in
3844 conflict with the provisions of subsection (1) or s. 110.1075
3845 110.233.
3846 Section 99. Subsection (4) of section 106.24, Florida
3847 Statutes, is amended to read:
3848 106.24 Florida Elections Commission; membership; powers;
3849 duties.—
3850 (4) The commission shall appoint an executive director, who
3851 shall serve under the direction, supervision, and control of the
3852 commission. The executive director, with the consent of the
3853 commission, shall employ such staff as are necessary to
3854 adequately perform the functions of the commission, within
3855 budgetary limitations. All employees, except the executive
3856 director and attorneys, are subject to part II of chapter 110.
3857 The executive director shall serve at the pleasure of the
3858 commission and is be subject to part IV III of chapter 110,
3859 except that the commission shall have complete authority for
3860 setting the executive director’s salary. Attorneys employed by
3861 the commission are shall be subject to part III V of chapter
3862 110.
3863 Section 100. Subsection (4) of section 112.044, Florida
3864 Statutes, is amended to read:
3865 112.044 Public employers, employment agencies, labor
3866 organizations; discrimination based on age prohibited;
3867 exceptions; remedy.—
3868 (4) APPEAL; CIVIL SUIT AUTHORIZED.—Any employee of the
3869 state who is within the Civil Career Service System established
3870 by chapter 110 and who is aggrieved by a violation of this act
3871 may appeal to the Public Employees Relations Commission under
3872 the conditions and following the procedures prescribed in part
3873 II of chapter 447. Any person other than an employee who is
3874 within the Civil Career Service System established by chapter
3875 110, or any person employed by the Public Employees Relations
3876 Commission, who is aggrieved by a violation of this act may
3877 bring a civil action in any court of competent jurisdiction for
3878 such legal or equitable relief as will effectuate the purposes
3879 of this act.
3880 Section 101. Section 112.0805, Florida Statutes, is amended
3881 to read:
3882 112.0805 Employer notice of insurance eligibility to
3883 employees who retire.—An Any employer who provides insurance
3884 coverage under s.112.942 110.123 or s. 112.0801 shall notify
3885 those employees who retire of their eligibility to participate
3886 in either the same group insurance plan or self-insurance plan
3887 as provided in ss. 112.942 110.123 and 112.0801, or the
3888 insurance coverage as provided by this law.
3889 Section 102. Paragraph (a) of subsection (9) of section
3890 112.313, Florida Statutes, is amended to read:
3891 112.313 Standards of conduct for public officers, employees
3892 of agencies, and local government attorneys.—
3893 (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
3894 LEGISLATORS AND LEGISLATIVE EMPLOYEES.—
3895 (a)1. It is the intent of the Legislature to implement by
3896 statute the provisions of s. 8(e), Art. II of the State
3897 Constitution relating to legislators, statewide elected
3898 officers, appointed state officers, and designated public
3899 employees.
3900 2. As used in this paragraph:
3901 a. “Employee” means:
3902 (I) Any person employed in the executive or legislative
3903 branch of government holding a position in the Senior Management
3904 Service as defined in s. 110.402 or any person holding a
3905 position in the Selected Exempt Service as defined in s.
3906 110.3021 110.602 or any person having authority over policy or
3907 procurement employed by the Department of the Lottery.
3908 (II) The Auditor General, the director of the Office of
3909 Program Policy Analysis and Government Accountability, the
3910 Sergeant at Arms and Secretary of the Senate, and the Sergeant
3911 at Arms and Clerk of the House of Representatives.
3912 (III) The executive director of the Legislative Committee
3913 on Intergovernmental Relations and the executive director and
3914 deputy executive director of the Commission on Ethics.
3915 (IV) An executive director, staff director, or deputy staff
3916 director of each joint committee, standing committee, or select
3917 committee of the Legislature; an executive director, staff
3918 director, executive assistant, analyst, or attorney of the
3919 Office of the President of the Senate, the Office of the Speaker
3920 of the House of Representatives, the Senate Majority Party
3921 Office, Senate Minority Party Office, House Majority Party
3922 Office, or House Minority Party Office; or any person, hired on
3923 a contractual basis, having the power normally conferred upon
3924 such persons, by whatever title.
3925 (V) The Chancellor and Vice Chancellors of the State
3926 University System; the general counsel to the Board of Governors
3927 of the State University System; and the president, provost, vice
3928 presidents, and deans of each state university.
3929 (VI) Any person, including an other-personal-services
3930 employee, having the power normally conferred upon the positions
3931 referenced in this sub-subparagraph.
3932 b. “Appointed state officer” means any member of an
3933 appointive board, commission, committee, council, or authority
3934 of the executive or legislative branch of state government whose
3935 powers, jurisdiction, and authority are not solely advisory and
3936 include the final determination or adjudication of any personal
3937 or property rights, duties, or obligations, other than those
3938 relative to its internal operations.
3939 c. “State agency” means an entity of the legislative,
3940 executive, or judicial branch of state government over which the
3941 Legislature exercises plenary budgetary and statutory control.
3942 3. A No member of the Legislature, appointed state officer,
3943 or statewide elected officer may not shall personally represent
3944 another person or entity for compensation before the government
3945 body or agency of which the individual was an officer or member
3946 for a period of 2 years following vacation of office. A No
3947 member of the Legislature may not shall personally represent
3948 another person or entity for compensation during his or her term
3949 of office before any state agency other than judicial tribunals
3950 or in settlement negotiations after the filing of a lawsuit.
3951 4. An agency employee, including an agency employee who was
3952 employed on July 1, 2001, in a civil Career service System
3953 position that was transferred to the Selected Exempt Service
3954 System under chapter 2001-43, Laws of Florida, may not
3955 personally represent another person or entity for compensation
3956 before the agency with which he or she was employed for a period
3957 of 2 years following vacation of position, unless employed by
3958 another agency of state government.
3959 5. Any person violating this paragraph is shall be subject
3960 to the penalties provided in s. 112.317 and a civil penalty of
3961 an amount equal to the compensation that which the person
3962 receives for the prohibited conduct.
3963 6. This paragraph is not applicable to:
3964 a. A person employed by the Legislature or other agency
3965 before prior to July 1, 1989;
3966 b. A person who was employed by the Legislature or other
3967 agency on July 1, 1989, whether or not the person was a defined
3968 employee on July 1, 1989;
3969 c. A person who was a defined employee of the State
3970 University System or the Public Service Commission who held such
3971 employment on December 31, 1994;
3972 d. A person who has reached normal retirement age as
3973 defined in s. 121.021(29), and who has retired under the
3974 provisions of chapter 121 by July 1, 1991; or
3975 e. Any appointed state officer whose term of office began
3976 before January 1, 1995, unless reappointed to that office on or
3977 after January 1, 1995.
3978 Section 103. Paragraph (b) of subsection (1) of section
3979 112.3145, Florida Statutes, is amended to read:
3980 112.3145 Disclosure of financial interests and clients
3981 represented before agencies.—
3982 (1) For purposes of this section, unless the context
3983 otherwise requires, the term:
3984 (b) “Specified state employee” means:
3985 1. Public counsel created by chapter 350, an assistant
3986 state attorney, an assistant public defender, a full-time state
3987 employee who serves as counsel or assistant counsel to any state
3988 agency, the Deputy Chief Judge of Compensation Claims, a judge
3989 of compensation claims, an administrative law judge, or a
3990 hearing officer.
3991 2. Any person employed in the office of the Governor or in
3992 the office of any member of the Cabinet if that person is exempt
3993 from the Civil Career Service System, except persons employed in
3994 clerical, secretarial, or similar positions.
3995 3. The State Surgeon General or each appointed secretary,
3996 assistant secretary, deputy secretary, executive director,
3997 assistant executive director, or deputy executive director of
3998 each state department, commission, board, or council; unless
3999 otherwise provided, the division director, assistant division
4000 director, deputy director, bureau chief, and assistant bureau
4001 chief of any state department or division; or any person having
4002 the power normally conferred upon such persons, by whatever
4003 title.
4004 4. The superintendent or institute director of a state
4005 mental health institute established for training and research in
4006 the mental health field or the warden or director of any major
4007 state institution or facility established for corrections,
4008 training, treatment, or rehabilitation.
4009 5. Business managers, purchasing agents having the power to
4010 make any purchase exceeding the threshold amount provided for in
4011 s. 287.017 for CATEGORY ONE, finance and accounting directors,
4012 personnel officers, or grants coordinators for any state agency.
4013 6. Any person, other than a legislative assistant exempted
4014 by the presiding officer of the house that employs by which the
4015 legislative assistant is employed, who is employed in the
4016 legislative branch of government, except persons employed in
4017 maintenance, clerical, secretarial, or similar positions.
4018 7. Each employee of the Commission on Ethics.
4019 Section 104. Paragraph (a) of subsection (2) of section
4020 112.363, Florida Statutes, is amended to read:
4021 112.363 Retiree health insurance subsidy.—
4022 (2) ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.—
4023 (a) A person who is retired under a state-administered
4024 retirement system, or a beneficiary who is a spouse or financial
4025 dependent entitled to receive benefits under a state
4026 administered retirement system, is eligible for health insurance
4027 subsidy payments provided under this section; except that
4028 pension recipients under ss. 121.40, 238.07(18)(a), and 250.22,
4029 recipients of health insurance coverage under s. 112.945
4030 110.1232, or any other special pension or relief act are shall
4031 not be eligible for such payments.
4032 Section 105. Subsections (11) and (38) of section 121.021,
4033 Florida Statutes, are amended to read:
4034 121.021 Definitions.—The following words and phrases as
4035 used in this chapter have the respective meanings set forth
4036 unless a different meaning is plainly required by the context:
4037 (11) “Officer or employee” means any person receiving
4038 salary payments for work performed in a regularly established
4039 position and, if employed by a municipality, a metropolitan
4040 planning organization, or a special district, employed in a
4041 covered group. The term does not apply to state employees
4042 covered by a leasing agreement under s. 112.919 110.191, other
4043 public employees covered by a leasing agreement, or a coemployer
4044 relationship.
4045 (38) “Continuous service” means creditable service as a
4046 member, beginning with the first day of employment with an
4047 employer covered under a state-administered retirement system
4048 consolidated herein and continuing for as long as the member
4049 remains in an employer-employee relationship with the an
4050 employer covered under this chapter. An absence of 1 calendar
4051 month or more from an employer’s payroll is shall be considered
4052 a break in continuous service, except for periods of absence
4053 during which an employer-employee relationship continues to
4054 exist and such period of absence is creditable under this
4055 chapter or under one of the existing systems consolidated
4056 herein. However, a law enforcement officer as defined in s.
4057 121.0515(2)(a) who was a member of a state-administered
4058 retirement system under chapter 122 or chapter 321 and who
4059 resigned and was subsequently reemployed in a law enforcement
4060 position within 12 calendar months of such resignation by an
4061 employer under a such state-administered retirement system is
4062 shall be deemed not to have not experienced a break in service.
4063 Further, with respect to a state-employed law enforcement
4064 officer who meets the criteria specified in s. 121.0515(2)(a),
4065 if the absence from the employer’s payroll is the result of a
4066 “layoff” as defined in s. 110.1054 110.107 or a resignation to
4067 run for an elected office that meets the criteria specified in
4068 s. 121.0515(2)(a), no break in continuous service shall be
4069 deemed to have occurred if the member is reemployed as a state
4070 law enforcement officer or is elected to an office that which
4071 meets the criteria specified in s. 121.0515(2)(a) within 12
4072 calendar months after the date of the layoff or resignation,
4073 notwithstanding the fact that such period of layoff or
4074 resignation is not creditable service under this chapter. A
4075 withdrawal of contributions constitutes will constitute a break
4076 in service. Continuous service also includes past service
4077 purchased under this chapter if, provided such service is
4078 continuous within this definition and the rules established by
4079 the administrator. The administrator may establish
4080 administrative rules and procedures for applying this definition
4081 to creditable service authorized under this chapter. Any
4082 correctional officer, as defined in s. 943.10, whose
4083 participation in the state-administered retirement system is
4084 terminated due to the transfer of a county detention facility
4085 through a contractual agreement with a private entity pursuant
4086 to s. 951.062, is shall be deemed an employee with continuous
4087 service in the Special Risk Class if, provided return to
4088 employment with the former employer takes place within 3 years
4089 due to contract termination or the officer is employed by a
4090 covered employer in a special risk position within 1 year after
4091 his or her initial termination of employment by such transfer of
4092 its detention facilities to the private entity.
4093 Section 106. Paragraph (f) of subsection (2) of section
4094 121.051, Florida Statutes, is amended to read:
4095 121.051 Participation in the system.—
4096 (2) OPTIONAL PARTICIPATION.—
4097 (f)1. If an employer that participates in the Florida
4098 Retirement System undertakes the transfer, merger, or
4099 consolidation of governmental services or assumes the functions
4100 and activities of an employing governmental entity that was not
4101 an employer under the system, the employer must notify the
4102 department at least 60 days before such action and provide
4103 documentation as required by the department. Such The transfer,
4104 merger, or consolidation of governmental services or assumption
4105 of governmental functions and activities must occur between
4106 public employers. The current or former employer may pay the
4107 employees’ past service cost, unless prohibited under this
4108 chapter. This subparagraph does not apply to the transfer,
4109 merger, or consolidation of governmental services or assumption
4110 of functions and activities of a public entity under a leasing
4111 agreement having a coemployer relationship. Employers and
4112 employees of a public governmental employer whose service is
4113 covered by a leasing agreement under s. 112.919 110.191, any
4114 other leasing agreement, or a coemployer relationship may not
4115 are not eligible to participate in the Florida Retirement
4116 System.
4117 2. If the agency to which a member’s employing unit is
4118 transferred, merged, or consolidated does not participate in the
4119 Florida Retirement System, a member may elect in writing to
4120 remain in the Florida Retirement system or to transfer to the
4121 local retirement system operated by the agency. If the agency
4122 does not participate in a local retirement system, the member
4123 shall continue membership in the Florida Retirement System. In
4124 either case, membership continues for as long as the member is
4125 employed by the agency to which his or her unit was transferred,
4126 merged, or consolidated.
4127 Section 107. Paragraph (a) of subsection (1) of section
4128 121.055, Florida Statutes, is amended to read:
4129 121.055 Senior Management Service Class.—There is hereby
4130 established a separate class of membership within the Florida
4131 Retirement System to be known as the “Senior Management Service
4132 Class.,” which shall become effective February 1, 1987.
4133 (1)(a) Participation in the Senior Management Service Class
4134 is shall be limited to and compulsory for any member of the
4135 Florida Retirement System who holds a position in the Senior
4136 Management Service of the State of Florida, established under by
4137 part IV III of chapter 110, unless such member elects, within
4138 the time specified herein, to participate in the Senior
4139 Management Service Optional Annuity Program as established in
4140 subsection (6).
4141 Section 108. Paragraph (a) of subsection (2) of section
4142 121.35, Florida Statutes, is amended to read:
4143 121.35 Optional retirement program for the State University
4144 System.—
4145 (2) ELIGIBILITY FOR PARTICIPATION IN OPTIONAL PROGRAM.—
4146 (a) Participation in the optional retirement program is
4147 provided by this section shall be limited to persons who are
4148 otherwise eligible for membership or renewed membership in the
4149 Florida Retirement System and who are employed in one of the
4150 following State University System positions:
4151 1. Positions classified as instructional and research
4152 faculty which are exempt from the Civil career Service under the
4153 provisions of s. 110.205(2)(d).
4154 2. Positions classified as administrative and professional
4155 which are exempt from the Civil career Service under the
4156 provisions of s. 110.205(2)(d).
4157 3. The Chancellor and the university presidents.
4158 Section 109. Section 145.19, Florida Statutes, is amended
4159 to read:
4160 145.19 Annual percentage increases based on increase for
4161 civil state career service employees; limitation.—
4162 (1) As used in this section, the term:
4163 (a) “Annual factor” means 1 plus the lesser of:
4164 1. The average percentage increase in the salaries of civil
4165 state career service employees for the current fiscal year as
4166 determined by the Department of Management Services or as
4167 provided in the General Appropriations Act; or
4168 2. Seven percent.
4169 (b) “Cumulative annual factor” means the product of all
4170 annual factors certified under this act before prior to the
4171 fiscal year for which salaries are being calculated.
4172 (c) “Initial factor” means a factor of 1.292, which is a
4173 product, rounded to the nearest thousandth, of an earlier cost
4174 of-living increase factor authorized by chapter 73-173, Laws of
4175 Florida, and intended by the Legislature to be preserved in
4176 adjustments to salaries made before the prior to enactment of
4177 chapter 76-80, Laws of Florida, multiplied by the annual
4178 increase factor authorized by chapter 79-327, Laws of Florida.
4179 (2) Each fiscal year, the salaries of all officials listed
4180 in this chapter, s. 1001.395, and s. 1001.47 shall be adjusted.
4181 The adjusted salary rate is shall be the product, rounded to the
4182 nearest dollar, of the salary rate granted by the appropriate
4183 section of this chapter, s. 1001.395, or s. 1001.47 multiplied
4184 first by the initial factor, then by the cumulative annual
4185 factor, and finally by the annual factor. The Department of
4186 Management Services shall certify the annual factor and the
4187 cumulative annual factors. Any special qualification salary
4188 received under this chapter, s. 1001.47, or the annual
4189 performance salary incentive available to elected
4190 superintendents under s. 1001.47 shall be added to the such
4191 adjusted salary rate. The special qualification salary is shall
4192 be $2,000, but shall not exceed $2,000.
4193 Section 110. Subsection (2) of section 216.011, Florida
4194 Statutes, is amended to read:
4195 216.011 Definitions.—
4196 (2) For purposes of this chapter, terms related to the
4197 State Personnel System are personnel affairs of the state shall
4198 be defined as set forth in s. 110.1054 110.107.
4199 Section 111. Paragraph (b) of subsection (10) of section
4200 216.181, Florida Statutes, is amended to read:
4201 216.181 Approved budgets for operations and fixed capital
4202 outlay.—
4203 (10)
4204 (b) Lump-sum salary bonuses may be provided only if
4205 specifically appropriated or provided pursuant to s. 110.1245 or
4206 s. 216.1815.
4207 Section 112. Section 287.175, Florida Statutes, is amended
4208 to read:
4209 287.175 Penalties.—A violation of this part or a rule
4210 adopted hereunder, pursuant to applicable constitutional and
4211 statutory procedures, constitutes misuse of public position as
4212 defined in s. 112.313(6), and is punishable as provided in s.
4213 112.317. The Chief Financial Officer shall report incidents of
4214 suspected misuse to the Commission on Ethics, and the commission
4215 shall investigate possible violations of this part or rules
4216 adopted hereunder when reported by the Chief Financial Officer,
4217 notwithstanding the provisions of s. 112.324. Any violation of
4218 this part or a rule is adopted hereunder shall be presumed to
4219 have been committed with wrongful intent, but such presumption
4220 is rebuttable. Nothing in This section is not intended to deny
4221 rights provided to civil career service employees by s. 110.227.
4222 Section 113. Paragraph (a) of subsection (4) of section
4223 295.07, Florida Statutes, is amended to read:
4224 295.07 Preference in appointment and retention.—
4225 (4) The following positions are exempt from this section:
4226 (a) Those positions that are exempt from the Civil state
4227 Career Service System under s. 110.205.(2); However, all
4228 positions under the University Support Personnel System of the
4229 State University System as well as all civil Career service
4230 System positions under the Florida Community College System and
4231 the School for the Deaf and the Blind, or the equivalent of such
4232 positions at state universities, community colleges, or the
4233 School for the Deaf and the Blind, are included.
4234 Section 114. Paragraph (a) of subsection (1) of section
4235 295.09, Florida Statutes, is amended to read:
4236 295.09 Reinstatement or reemployment; promotion
4237 preference.—
4238 (1)(a) If When an employee of the state or any of its
4239 political subdivisions employed in a position subject or not
4240 subject to a civil career service system or other merit-type
4241 system, with the exception of those positions that which are
4242 exempt pursuant to s. 295.07(4), has served in the Armed Forces
4243 of the United States and is discharged or separated therefrom
4244 with an honorable discharge, the state or its political
4245 subdivision shall reemploy or reinstate such person to the same
4246 position that he or she held before prior to such service in the
4247 armed forces, or to an equivalent position, if provided such
4248 person returns to the position within 1 year of his or her date
4249 of separation or, in cases of extended active duty, within 1
4250 year of the date of discharge or separation subsequent to the
4251 extension. Such person shall also be awarded preference in
4252 promotion and shall be promoted ahead of all others who are as
4253 well qualified or less qualified for the position. If When an
4254 examination for promotion is used utilized, such person shall be
4255 awarded preference points, as provided in s. 295.08, and shall
4256 be promoted ahead of all those who appear in an equal or lesser
4257 position on the promotional register, provided he or she first
4258 successfully passes the examination for the promotional
4259 position.
4260 Section 115. Subsection (3) of section 296.04, Florida
4261 Statutes, is amended to read:
4262 296.04 Administrator; duties and qualifications;
4263 responsibilities.—
4264 (3) The administrator position shall be assigned to the
4265 Selected Exempt Service under part III V of chapter 110. The
4266 director shall give veterans’ preference in selecting an
4267 administrator, as provided in ss. 295.07 and 295.085. In
4268 addition, the administrator must have at least a 4-year degree
4269 from an accredited university or college and 3 years of
4270 administrative experience in a health care facility, or any
4271 equivalent combination of experience, training, and education
4272 totaling 7 years in work relating to administration of a health
4273 care facility.
4274 Section 116. Subsection (2) of section 296.34, Florida
4275 Statutes, is amended to read:
4276 296.34 Administrator; qualifications, duties, and
4277 responsibilities.—
4278 (2) The position shall be assigned to the Selected Exempt
4279 Service under part III V of chapter 110. The director shall give
4280 veterans preference in selecting an administrator, as provided
4281 in ss. 295.07 and 295.085. The administrator, at the time of
4282 entering employment and at all times while employed as the
4283 administrator must hold a current valid license as a nursing
4284 home administrator under part II of chapter 468.
4285 Section 117. Subsection (2) of section 381.00315, Florida
4286 Statutes, is amended to read:
4287 381.00315 Public health advisories; public health
4288 emergencies.—The State Health Officer is responsible for
4289 declaring public health emergencies and issuing public health
4290 advisories.
4291 (2) Individuals who assist the State Health Officer at his
4292 or her request on a volunteer basis during a public health
4293 emergency are entitled to the benefits specified in s.
4294 112.964(2)-(5) 110.504(2), (3), (4), and (5).
4295 Section 118. Paragraph (e) of subsection (3) of section
4296 381.85, Florida Statutes, is amended to read:
4297 381.85 Biomedical and social research.—
4298 (3) REVIEW COUNCIL FOR BIOMEDICAL AND SOCIAL RESEARCH.—
4299 (e) The council shall be staffed by an executive director
4300 and a secretary who shall be appointed by the council and who
4301 are shall be exempt from the provisions of part II of chapter
4302 110 relating to the Civil Career Service System.
4303 Section 119. Paragraph (a) of subsection (3) of section
4304 394.47865, Florida Statutes, is amended to read:
4305 394.47865 South Florida State Hospital; privatization.—
4306 (3)(a) Current South Florida State Hospital employees who
4307 are affected by the privatization shall be given first
4308 preference for continued employment by the contractor. The
4309 department shall make reasonable efforts to find suitable job
4310 placements for employees who wish to remain within the state
4311 Civil Career Service System.
4312 Section 120. Section 402.3057, Florida Statutes, is amended
4313 to read:
4314 402.3057 Persons not required to be refingerprinted or
4315 rescreened.—Notwithstanding any other provision of law to the
4316 contrary notwithstanding, human resource personnel who have been
4317 fingerprinted or screened pursuant to chapters 393, 394, 397,
4318 402, and 409, and teachers and noninstructional personnel who
4319 have been fingerprinted pursuant to chapter 1012, who have not
4320 been unemployed for more than 90 days thereafter, and who under
4321 the penalty of perjury attest to the completion of such
4322 fingerprinting or screening and to compliance with the
4323 provisions of this section and the standards for good moral
4324 character as contained in such provisions as ss. 110.1127(3),
4325 393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(6),
4326 are shall not be required to be refingerprinted or rescreened in
4327 order to comply with any caretaker screening or fingerprinting
4328 requirements.
4329 Section 121. Paragraph (a) of subsection (2) of section
4330 402.55, Florida Statutes, is amended to read:
4331 402.55 Management fellows program.—
4332 (2) The departments are authorized to establish a
4333 management fellows program in order to provide highly qualified
4334 career candidates for key administrative and managerial
4335 positions in the departments. Such program shall include, but is
4336 not limited to:
4337 (a) The identification annually by the secretaries, the
4338 assistant secretaries, and the district administrator in each
4339 district of one high-potential civil career service employee
4340 each, to be designated and appointed to serve as a full-time
4341 health and rehabilitative services management fellow for a
4342 period of 1 year.
4343 Section 122. Subsection (4) of section 402.7305, Florida
4344 Statutes, is amended to read:
4345 402.7305 Department of Children and Family Services;
4346 procurement of contractual services; contract management.—
4347 (4) CONTRACT MONITORING REQUIREMENTS AND PROCESS.—The
4348 department shall establish contract monitoring units staffed by
4349 civil career service employees who report to a member of the
4350 Selected Exempt Service or Senior Management Service and who
4351 have been properly trained to perform contract monitoring, with
4352 at least one member of the contract monitoring unit possessing
4353 specific knowledge and experience in the contract’s program
4354 area. The department shall establish a contract monitoring
4355 process that includes must include, but need not be limited to,
4356 the following requirements:
4357 (a) Performing a risk assessment at the start of each
4358 fiscal year and preparing an annual contract monitoring schedule
4359 that includes consideration for the level of risk assigned. The
4360 department may monitor any contract at any time regardless of
4361 whether such monitoring was originally included in the annual
4362 contract monitoring schedule.
4363 (b) Preparing a contract monitoring plan, including
4364 sampling procedures, before performing onsite monitoring at
4365 external locations of a service provider. The plan must include
4366 a description of the programmatic, fiscal, and administrative
4367 components that will be monitored on site. If appropriate,
4368 clinical and therapeutic components may be included.
4369 (c) Conducting analyses of the performance and compliance
4370 of an external service provider by means of desk reviews if the
4371 external service provider will not be monitored on site during a
4372 fiscal year.
4373 (d) Unless the department sets forth in writing the need
4374 for an extension, providing a written report presenting the
4375 results of the monitoring within 30 days after the completion of
4376 the onsite monitoring or desk review.
4377 (e) Developing and maintaining a set of procedures
4378 describing the contract monitoring process.
4379 Section 123. Subsection (2) of section 402.731, Florida
4380 Statutes, is amended to read:
4381 402.731 Department of Children and Family Services
4382 certification programs for employees and service providers;
4383 employment provisions for transition to community-based care.—
4384 (2) The department shall develop and implement employment
4385 programs to attract and retain competent staff to support and
4386 facilitate the transition to privatized community-based care.
4387 Such employment programs must shall include lump-sum bonuses,
4388 salary incentives, relocation allowances, or severance pay. The
4389 department shall also contract for the delivery or
4390 administration of outplacement services. The department shall
4391 establish time-limited exempt positions as provided in s.
4392 110.205(2)(f) 110.205(2)(i), in accordance with the authority
4393 provided in s. 216.262(1)(c)1. Employees appointed to fill such
4394 exempt positions shall have the same salaries and benefits as
4395 civil career service employees.
4396 Section 124. Section 409.1757, Florida Statutes, is amended
4397 to read:
4398 409.1757 Persons not required to be refingerprinted or
4399 rescreened.—Notwithstanding any other provision of law to the
4400 contrary notwithstanding, human resource personnel who have been
4401 fingerprinted or screened pursuant to chapters 393, 394, 397,
4402 402, and this chapter, and teachers who have been fingerprinted
4403 pursuant to chapter 1012, who have not been unemployed for more
4404 than 90 days thereafter, and who under the penalty of perjury
4405 attest to the completion of such fingerprinting or screening and
4406 to compliance with the provisions of this section and the
4407 standards for good moral character as contained in such
4408 provisions as ss. 110.1127(3), 393.0655(1), 394.457(6), 397.451,
4409 402.305(2), and 409.175(6), are shall not be required to be
4410 refingerprinted or rescreened in order to comply with any
4411 caretaker screening or fingerprinting requirements.
4412 Section 125. Subsection (1) of section 409.9205, Florida
4413 Statutes, is amended to read:
4414 409.9205 Medicaid Fraud Control Unit.—
4415 (1) Except as provided in s. 110.205, all positions in the
4416 Medicaid Fraud Control Unit of the Department of Legal Affairs
4417 are hereby transferred to the Civil Career Service System.
4418 Section 126. Section 414.37, Florida Statutes, is amended
4419 to read:
4420 414.37 Public assistance overpayment recovery
4421 privatization; reemployment of laid-off career service
4422 employees.—Should civil career service employees of the
4423 Department of Children and Family Services be subject to layoff
4424 after July 1, 1995, due to the privatization of public
4425 assistance overpayment recovery functions, the privatization
4426 contract must shall require the contracting firm to give
4427 priority consideration to employment of such employees. In
4428 addition, a task force composed of representatives from the
4429 Department of Children and Family Services and the Department of
4430 Management Services shall be established to provide reemployment
4431 assistance to such employees.
4432 Section 127. Subsection (7) of section 427.012, Florida
4433 Statutes, is amended to read:
4434 427.012 The Commission for the Transportation
4435 Disadvantaged.—There is created the Commission for the
4436 Transportation Disadvantaged in the Department of
4437 Transportation.
4438 (7) The commission shall appoint an executive director who
4439 shall serve under the direction, supervision, and control of the
4440 commission. The executive director, with the consent of the
4441 commission, shall employ such personnel as may be necessary to
4442 perform adequately the functions of the commission within
4443 budgetary limitations. Employees of the commission are exempt
4444 from the Civil Career Service System.
4445 Section 128. Subsection (2) of section 447.203, Florida
4446 Statutes, is amended to read:
4447 447.203 Definitions.—As used in this part:
4448 (2) “Public employer” or “employer” means the state or any
4449 county, municipality, or special district, or any subdivision or
4450 agency thereof, which the commission determines has sufficient
4451 legal distinctiveness properly to properly carry out the
4452 functions of a public employer. With respect to all public
4453 employees determined by the commission as properly belonging to
4454 a statewide bargaining unit composed of state civil Career
4455 service System employees or selected exempt Professional service
4456 employees, the Governor is shall be deemed to be the public
4457 employer; and the Board of Governors of the State University
4458 System, or the board’s designee, is shall be deemed to be the
4459 public employer with respect to all public employees of each
4460 constituent state university. The board of trustees of a
4461 community college is shall be deemed to be the public employer
4462 with respect to all employees of the community college. The
4463 district school board is shall be deemed to be the public
4464 employer with respect to all employees of the school district.
4465 The Board of Trustees of the Florida School for the Deaf and the
4466 Blind is shall be deemed to be the public employer with respect
4467 to the academic and academic administrative personnel of the
4468 Florida School for the Deaf and the Blind. The Governor is shall
4469 be deemed to be the public employer with respect to all
4470 employees in the Correctional Education Program of the
4471 Department of Corrections established pursuant to s. 944.801.
4472 Section 129. Subsection (8) and paragraph (a) of subsection
4473 (9) of section 447.207, Florida Statutes, are amended to read:
4474 447.207 Commission; powers and duties.—
4475 (8) The commission or its designated agent shall hear
4476 appeals arising out of any suspension, reduction in pay,
4477 demotion, or dismissal of any permanent employee in the Civil
4478 State Career Service System in the manner provided in s.
4479 110.227.
4480 (9) Pursuant to s. 447.208, the commission or its
4481 designated agent shall hear appeals, and enter such orders as it
4482 deems appropriate, arising out of:
4483 (a) Section 110.124, relating to termination or transfer of
4484 State Career Service System employees aged 65 or older.
4485 (a)(b) Section 112.044(4), relating to age discrimination.
4486 (b)(c) Section 295.11, relating to reasons for not
4487 employing a preferred veteran applicant.
4488 Section 130. Section 447.209, Florida Statutes, is amended
4489 to read:
4490 447.209 Public employer’s rights.—It is the right of the
4491 public employer to determine unilaterally the purpose of each of
4492 its constituent agencies, set standards of services to be
4493 offered to the public, and exercise control and discretion over
4494 its organization and operations. It is also the right of the
4495 public employer to direct its employees, take disciplinary
4496 action for proper cause, and relieve its employees from duty
4497 because of lack of work or for other legitimate reasons.
4498 However, the exercise of such rights does shall not preclude
4499 employees or their representatives from raising grievances,
4500 should decisions on the above matters have the practical
4501 consequence of violating the terms and conditions of any
4502 collective bargaining agreement in force or any civil or career
4503 service rule regulation.
4504 Section 131. Section 447.401, Florida Statutes, is amended
4505 to read:
4506 447.401 Grievance procedures.—Each public employer and
4507 bargaining agent shall negotiate a grievance procedure to be
4508 used for the settlement of disputes between employer and
4509 employee, or group of employees, involving the interpretation or
4510 application of a collective bargaining agreement. Such grievance
4511 procedure shall have as its terminal step a final and binding
4512 disposition by an impartial neutral, mutually selected by the
4513 parties; however, if when the issue under appeal is an
4514 allegation of abuse, abandonment, or neglect by an employee
4515 under s. 39.201 or s. 415.1034, the grievance may not be decided
4516 until the abuse, abandonment, or neglect of a child has been
4517 judicially determined. However, an arbiter or other neutral may
4518 shall not have the power to add to, subtract from, modify, or
4519 alter the terms of a collective bargaining agreement. If an
4520 employee organization is certified as the bargaining agent of a
4521 unit, the grievance procedure then in existence may be the
4522 subject of collective bargaining, and any agreement that which
4523 is reached supersedes shall supersede the previously existing
4524 procedure. All public employees shall have the right to a fair
4525 and equitable grievance procedure administered without regard to
4526 membership or nonmembership in any organization, except that
4527 certified employee organizations may shall not be required to
4528 process grievances for employees who are not members of the
4529 organization. A civil career service employee may use shall have
4530 the option of utilizing the civil service appeal procedure, an
4531 unfair labor practice procedure, or a grievance procedure
4532 established under this section, but such employee may not avail
4533 is precluded from availing himself or herself of to more than
4534 one of these procedures.
4535 Section 132. Paragraph (a) of subsection (2) of section
4536 456.048, Florida Statutes, is amended to read:
4537 456.048 Financial responsibility requirements for certain
4538 health care practitioners.—
4539 (2) The board or department may grant exemptions upon
4540 application by practitioners meeting any of the following
4541 criteria:
4542 (a) Any person licensed under chapter 457, s. 458.3475, s.
4543 459.023, chapter 460, chapter 461, s. 464.012, chapter 466, or
4544 chapter 467 who practices exclusively as an officer, employee,
4545 or agent of the Federal Government or of the state or its
4546 agencies or its subdivisions. For the purposes of this
4547 subsection, an agent of the state, its agencies, or its
4548 subdivisions is a person who is eligible for coverage under any
4549 self-insurance or insurance program authorized by the provisions
4550 of s. 768.28(16) or who is a volunteer under s. 112.961
4551 110.501(1).
4552 Section 133. Subsection (29) of section 570.07, Florida
4553 Statutes, is amended to read:
4554 570.07 Department of Agriculture and Consumer Services;
4555 functions, powers, and duties.—The department shall have and
4556 exercise the following functions, powers, and duties:
4557 (29) To advance funds monthly to civil career service
4558 employees to be used for the purchase of official state samples
4559 for state examination. Each monthly advance shall be in an
4560 amount equal to one-twelfth of the actual expenses paid the
4561 position for samples in the previous fiscal year or, in the case
4562 of a new position, one-twelfth of the expenses paid for samples
4563 of a similar classification in the previous fiscal year;
4564 however, in the event of unusual circumstances, such advances
4565 may be increased for up to a period not to exceed 60 days.
4566 Advances shall be granted only to civil career service employees
4567 who have executed a proper power of attorney with the department
4568 to ensure the collection of such advances if not timely repaid.
4569 Section 134. Subsection (3) of section 601.10, Florida
4570 Statutes, is amended to read:
4571 601.10 Powers of the Department of Citrus.—The Department
4572 of Citrus shall have and shall exercise such general and
4573 specific powers as are delegated to it by this chapter and other
4574 statutes of the state, which powers shall include, but shall not
4575 be confined to, the following:
4576 (3) To employ and, at its pleasure, discharge an executive
4577 director, a secretary, and such attorneys, clerks, and employees
4578 as it deems necessary and to outline their powers and duties and
4579 fix their compensation. The department of Citrus may pay, or
4580 participate in the payment of, premiums for health, accident,
4581 and life insurance for its full-time employees, pursuant to such
4582 rules or regulations as it may adopt; and such payments are
4583 shall be in addition to the regular salaries of such full-time
4584 employees. The payment of such or similar benefits to its
4585 employees in foreign countries, including, but not limited to,
4586 social security, retirement, and other similar fringe benefit
4587 costs, may be in accordance with laws in effect in the country
4588 of employment, except that no benefits are not will be payable
4589 to employees not authorized for other state employees, as
4590 provided in the Civil Career Service System.
4591 Section 135. Subsection (6) of section 624.307, Florida
4592 Statutes, is amended to read:
4593 624.307 General powers; duties.—
4594 (6) The department and office may each employ actuaries who
4595 shall be at-will employees and who shall serve at the pleasure
4596 of the Chief Financial Officer, in the case of department
4597 employees, or at the pleasure of the director of the office, in
4598 the case of office employees. Actuaries employed pursuant to
4599 this paragraph must shall be members of the Society of Actuaries
4600 or the Casualty Actuarial Society and are shall be exempt from
4601 the Civil Career Service System established under chapter 110.
4602 The salaries of the actuaries employed pursuant to this
4603 paragraph shall be set in accordance with s. 216.251(2)(a)5. and
4604 shall be set at levels which are commensurate with those salary
4605 levels paid to actuaries by the insurance industry.
4606 Section 136. Subsection (3) of section 624.437, Florida
4607 Statutes, is amended to read:
4608 624.437 “Multiple-employer welfare arrangement” defined;
4609 certificate of authority required; penalty.—
4610 (3) This section does not apply to a multiple-employer
4611 welfare arrangement that which offers or provides benefits that
4612 which are fully insured by an authorized insurer, to an
4613 arrangement that which is exempt from state insurance regulation
4614 in accordance with Pub. L. No. 93-406, the Employee Retirement
4615 Income Security Act, or to the state group health insurance
4616 program administered under s. 112.942 pursuant to s. 110.123.
4617 Section 137. Paragraph (h) of subsection (4) of section
4618 627.6488, Florida Statutes, is amended to read:
4619 627.6488 Florida Comprehensive Health Association.—
4620 (4) The association shall:
4621 (h) Contract with preferred provider organizations and
4622 health maintenance organizations giving due consideration to
4623 those the preferred provider organizations and health
4624 maintenance organizations that which have contracted with the
4625 state group health insurance program pursuant to s. 112.942
4626 110.123. If cost-effective and available in the county where the
4627 policyholder resides, the board, upon application or renewal of
4628 a policy, shall place a high-risk individual, as established
4629 under s. 627.6498(4)(a)4., with the plan case manager who shall
4630 determine the most cost-effective quality care system or health
4631 care provider and shall place the individual in such system or
4632 with such health care provider. If cost-effective and available
4633 in the county where the policyholder resides, the board, with
4634 the consent of the policyholder, may place a low-risk or medium
4635 risk individual, as established under s. 627.6498(4)(a)4., with
4636 the plan case manager who may determine the most cost-effective
4637 quality care system or health care provider and shall place the
4638 individual in such system or with such health care provider.
4639 Before Prior to and during the implementation of case
4640 management, the plan case manager shall obtain input from the
4641 policyholder, parent, or guardian.
4642 Section 138. Paragraph (a) of subsection (1) of section
4643 627.649, Florida Statutes, is amended to read:
4644 627.649 Administrator.—
4645 (1) The board shall select an administrator, through a
4646 competitive bidding process, to administer the plan. The board
4647 shall evaluate bids submitted under this subsection based on
4648 criteria established by the board, which criteria shall include:
4649 (a) The administrator’s proven ability to handle large
4650 group accident and health insurance., and Due consideration
4651 shall be given to an any administrator who has acted as a third
4652 party administrator for the state group health insurance program
4653 pursuant to s. 112.942 110.123.
4654 Section 139. Paragraph (a) of subsection (2) and subsection
4655 (3) of section 627.6498, Florida Statutes, are amended to read:
4656 627.6498 Minimum benefits coverage; exclusions; premiums;
4657 deductibles.—
4658 (2) BENEFITS.—
4659 (a) The plan shall offer major medical expense coverage
4660 similar to that provided by the state group health insurance
4661 program under s. 112.942, as defined in s. 110.123 except as
4662 specified in subsection (3), to every eligible person who is not
4663 eligible for Medicare. Major medical expense coverage offered
4664 under the plan must shall pay an eligible person’s covered
4665 expenses, subject to limits on the deductible and coinsurance
4666 payments authorized under subsection (4), up to a lifetime limit
4667 of $500,000 per covered individual. The maximum limit may under
4668 this paragraph shall not be altered by the board, and an no
4669 actuarially equivalent benefit may not be substituted by the
4670 board.
4671 (3) COVERED EXPENSES.—The coverage to be issued by the
4672 association must shall be patterned after the state group health
4673 insurance program as provided in s. 112.942 defined in s.
4674 110.123, including its benefits, exclusions, and other
4675 limitations, except as otherwise provided in this act. The plan
4676 may cover the cost of experimental drugs that which have been
4677 approved for use by the Food and Drug Administration on an
4678 experimental basis if the cost is less than the usual and
4679 customary treatment. Such coverage applies shall only apply to
4680 those insureds who are in the case management system upon the
4681 approval of the insured, the case manager, and the board.
4682 Section 140. Subsection (4) of section 627.6617, Florida
4683 Statutes, is amended to read:
4684 627.6617 Coverage for home health care services.—
4685 (4) The provisions of this section do shall not apply to a
4686 multiple-employer welfare arrangement as defined in s.
4687 624.437(1) and in the State Health Plan as provided in s.
4688 112.942 110.123.
4689 Section 141. Paragraph (d) of subsection (2) of section
4690 627.6686, Florida Statutes, is amended to read:
4691 627.6686 Coverage for individuals with autism spectrum
4692 disorder required; exception.—
4693 (2) As used in this section, the term:
4694 (d) “Health insurance plan” means a group health insurance
4695 policy or group health benefit plan offered by an insurer which
4696 includes the state group insurance program provided under s.
4697 112.942 110.123. The term does not include a any health
4698 insurance plan offered in the individual market which, any
4699 health insurance plan that is individually underwritten, or
4700 which is any health insurance plan provided to a small employer.
4701 Section 142. Paragraph (a) of subsection (4) of section
4702 943.0585, Florida Statutes, is amended to read:
4703 943.0585 Court-ordered expunction of criminal history
4704 records.—The courts of this state have jurisdiction over their
4705 own procedures, including the maintenance, expunction, and
4706 correction of judicial records containing criminal history
4707 information to the extent such procedures are not inconsistent
4708 with the conditions, responsibilities, and duties established by
4709 this section. Any court of competent jurisdiction may order a
4710 criminal justice agency to expunge the criminal history record
4711 of a minor or an adult who complies with the requirements of
4712 this section. The court shall not order a criminal justice
4713 agency to expunge a criminal history record until the person
4714 seeking to expunge a criminal history record has applied for and
4715 received a certificate of eligibility for expunction pursuant to
4716 subsection (2). A criminal history record that relates to a
4717 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
4718 s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
4719 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
4720 893.135, s. 916.1075, a violation enumerated in s. 907.041, or
4721 any violation specified as a predicate offense for registration
4722 as a sexual predator pursuant to s. 775.21, without regard to
4723 whether that offense alone is sufficient to require such
4724 registration, or for registration as a sexual offender pursuant
4725 to s. 943.0435, may not be expunged, without regard to whether
4726 adjudication was withheld, if the defendant was found guilty of
4727 or pled guilty or nolo contendere to the offense, or if the
4728 defendant, as a minor, was found to have committed, or pled
4729 guilty or nolo contendere to committing, the offense as a
4730 delinquent act. The court may only order expunction of a
4731 criminal history record pertaining to one arrest or one incident
4732 of alleged criminal activity, except as provided in this
4733 section. The court may, at its sole discretion, order the
4734 expunction of a criminal history record pertaining to more than
4735 one arrest if the additional arrests directly relate to the
4736 original arrest. If the court intends to order the expunction of
4737 records pertaining to such additional arrests, such intent must
4738 be specified in the order. A criminal justice agency may not
4739 expunge any record pertaining to such additional arrests if the
4740 order to expunge does not articulate the intention of the court
4741 to expunge a record pertaining to more than one arrest. This
4742 section does not prevent the court from ordering the expunction
4743 of only a portion of a criminal history record pertaining to one
4744 arrest or one incident of alleged criminal activity.
4745 Notwithstanding any law to the contrary, a criminal justice
4746 agency may comply with laws, court orders, and official requests
4747 of other jurisdictions relating to expunction, correction, or
4748 confidential handling of criminal history records or information
4749 derived therefrom. This section does not confer any right to the
4750 expunction of any criminal history record, and any request for
4751 expunction of a criminal history record may be denied at the
4752 sole discretion of the court.
4753 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
4754 criminal history record of a minor or an adult which is ordered
4755 expunged by a court of competent jurisdiction pursuant to this
4756 section must be physically destroyed or obliterated by any
4757 criminal justice agency having custody of such record; except
4758 that any criminal history record in the custody of the
4759 department must be retained in all cases. A criminal history
4760 record ordered expunged which that is retained by the department
4761 is confidential and exempt from the provisions of s. 119.07(1)
4762 and s. 24(a), Art. I of the State Constitution and not available
4763 to any person or entity except upon order of a court of
4764 competent jurisdiction. A criminal justice agency may retain a
4765 notation indicating compliance with an order to expunge.
4766 (a) The person who is the subject of a criminal history
4767 record that is expunged under this section or under other
4768 provisions of law, including former s. 893.14, former s. 901.33,
4769 and former s. 943.058, may lawfully deny or fail to acknowledge
4770 the arrests covered by the expunged record, unless except when
4771 the subject of the record:
4772 1. Is a candidate for employment with a criminal justice
4773 agency;
4774 2. Is a defendant in a criminal prosecution;
4775 3. Concurrently or subsequently petitions for relief under
4776 this section or s. 943.059;
4777 4. Is a candidate for admission to The Florida Bar;
4778 5. Is seeking to be employed or licensed by or to contract
4779 with the Department of Children and Family Services, the Agency
4780 for Health Care Administration, the Agency for Persons with
4781 Disabilities, or the Department of Juvenile Justice or to be
4782 employed or used by such contractor or licensee in a sensitive
4783 position having direct contact with children, the
4784 developmentally disabled, the aged, or the elderly as provided
4785 in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
4786 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
4787 chapter 916, s. 985.644, chapter 400, or chapter 429;
4788 6. Is seeking to be employed or licensed by the Department
4789 of Education, any district school board, any university
4790 laboratory school, any charter school, any private or parochial
4791 school, or any local governmental entity that licenses child
4792 care facilities; or
4793 7. Is seeking authorization from a seaport listed in s.
4794 311.09 for employment within or access to one or more of such
4795 seaports pursuant to s. 311.12.
4796 Section 143. Paragraph (a) of subsection (4) of section
4797 943.059, Florida Statutes, is amended to read:
4798 943.059 Court-ordered sealing of criminal history records.
4799 The courts of this state shall continue to have jurisdiction
4800 over their own procedures, including the maintenance, sealing,
4801 and correction of judicial records containing criminal history
4802 information to the extent such procedures are not inconsistent
4803 with the conditions, responsibilities, and duties established by
4804 this section. Any court of competent jurisdiction may order a
4805 criminal justice agency to seal the criminal history record of a
4806 minor or an adult who complies with the requirements of this
4807 section. The court shall not order a criminal justice agency to
4808 seal a criminal history record until the person seeking to seal
4809 a criminal history record has applied for and received a
4810 certificate of eligibility for sealing pursuant to subsection
4811 (2). A criminal history record that relates to a violation of s.
4812 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
4813 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
4814 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
4815 916.1075, a violation enumerated in s. 907.041, or any violation
4816 specified as a predicate offense for registration as a sexual
4817 predator pursuant to s. 775.21, without regard to whether that
4818 offense alone is sufficient to require such registration, or for
4819 registration as a sexual offender pursuant to s. 943.0435, may
4820 not be sealed, without regard to whether adjudication was
4821 withheld, if the defendant was found guilty of or pled guilty or
4822 nolo contendere to the offense, or if the defendant, as a minor,
4823 was found to have committed or pled guilty or nolo contendere to
4824 committing the offense as a delinquent act. The court may only
4825 order sealing of a criminal history record pertaining to one
4826 arrest or one incident of alleged criminal activity, except as
4827 provided in this section. The court may, at its sole discretion,
4828 order the sealing of a criminal history record pertaining to
4829 more than one arrest if the additional arrests directly relate
4830 to the original arrest. If the court intends to order the
4831 sealing of records pertaining to such additional arrests, such
4832 intent must be specified in the order. A criminal justice agency
4833 may not seal any record pertaining to such additional arrests if
4834 the order to seal does not articulate the intention of the court
4835 to seal records pertaining to more than one arrest. This section
4836 does not prevent the court from ordering the sealing of only a
4837 portion of a criminal history record pertaining to one arrest or
4838 one incident of alleged criminal activity. Notwithstanding any
4839 law to the contrary, a criminal justice agency may comply with
4840 laws, court orders, and official requests of other jurisdictions
4841 relating to sealing, correction, or confidential handling of
4842 criminal history records or information derived therefrom. This
4843 section does not confer any right to the sealing of any criminal
4844 history record, and any request for sealing a criminal history
4845 record may be denied at the sole discretion of the court.
4846 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
4847 history record of a minor or an adult which is ordered sealed by
4848 a court of competent jurisdiction pursuant to this section is
4849 confidential and exempt from the provisions of s. 119.07(1) and
4850 s. 24(a), Art. I of the State Constitution and is available only
4851 to the person who is the subject of the record, to the subject’s
4852 attorney, to criminal justice agencies for their respective
4853 criminal justice purposes, which include conducting a criminal
4854 history background check for approval of firearms purchases or
4855 transfers as authorized by state or federal law, to judges in
4856 the state courts system for the purpose of assisting them in
4857 their case-related decisionmaking responsibilities, as set forth
4858 in s. 943.053(5), or to those entities set forth in
4859 subparagraphs (a)1., 4., 5., 6., and 8. for their respective
4860 licensing, access authorization, and employment purposes.
4861 (a) The subject of a criminal history record sealed under
4862 this section or under other provisions of law, including former
4863 s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
4864 deny or fail to acknowledge the arrests covered by the sealed
4865 record, except if when the subject of the record:
4866 1. Is a candidate for employment with a criminal justice
4867 agency;
4868 2. Is a defendant in a criminal prosecution;
4869 3. Concurrently or subsequently petitions for relief under
4870 this section or s. 943.0585;
4871 4. Is a candidate for admission to The Florida Bar;
4872 5. Is seeking to be employed or licensed by or to contract
4873 with the Department of Children and Family Services, the Agency
4874 for Health Care Administration, the Agency for Persons with
4875 Disabilities, or the Department of Juvenile Justice or to be
4876 employed or used by such contractor or licensee in a sensitive
4877 position having direct contact with children, the
4878 developmentally disabled, the aged, or the elderly as provided
4879 in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
4880 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
4881 415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
4882 6. Is seeking to be employed or licensed by the Department
4883 of Education, any district school board, any university
4884 laboratory school, any charter school, any private or parochial
4885 school, or any local governmental entity that licenses child
4886 care facilities;
4887 7. Is attempting to purchase a firearm from a licensed
4888 importer, licensed manufacturer, or licensed dealer and is
4889 subject to a criminal history check under state or federal law;
4890 or
4891 8. Is seeking authorization from a Florida seaport
4892 identified in s. 311.09 for employment within or access to one
4893 or more of such seaports pursuant to s. 311.12.
4894 Section 144. Subsection (2) of section 945.043, Florida
4895 Statutes, is amended to read:
4896 945.043 Department-operated day care services.—
4897 (2) The department is exempt from s. 112.915 the
4898 requirements of s. 110.151.
4899 Section 145. Subsection (1) of section 946.525, Florida
4900 Statutes, is amended to read:
4901 946.525 Participation by the corporation in the state group
4902 health insurance and prescription drug programs.—
4903 (1) The board of directors of the corporation established
4904 under this part may apply for participation in the state group
4905 health insurance program authorized under s. 112.942 in s.
4906 110.123 and the prescription drug coverage program authorized
4907 under s. 112.944 by s. 110.12315 by submitting an application
4908 along with a $500 nonrefundable fee to the Department of
4909 Management Services.
4910 Section 146. Paragraph (b) of subsection (1) of section
4911 1001.705, Florida Statutes, is amended to read:
4912 1001.705 Responsibility for the State University System
4913 under s. 7, Art. IX of the State Constitution; legislative
4914 finding and intent.—
4915 (1) LEGISLATIVE FINDINGS.—
4916 (b) Constitutional duties of the Board of Governors of the
4917 State University System.—In accordance with s. 7, Art. IX of the
4918 State Constitution, the Board of Governors of the State
4919 University System has the duty to operate, regulate, control,
4920 and be fully responsible for the management of the whole
4921 publicly funded State University System and the board, or the
4922 board’s designee, has responsibility for:
4923 1. Defining the distinctive mission of each constituent
4924 university.
4925 2. Defining the articulation of each constituent university
4926 in conjunction with the Legislature’s authority over the public
4927 schools and community colleges.
4928 3. Ensuring the well-planned coordination and operation of
4929 the State University System.
4930 4. Avoiding wasteful duplication of facilities or programs
4931 within the State University System.
4932 5. Accounting for expenditure of funds appropriated by the
4933 Legislature for the State University System as provided by law.
4934 6. Submitting a budget request for legislative
4935 appropriations for the institutions under the supervision of the
4936 board as provided by law.
4937 7. Adopting strategic plans for the State University System
4938 and each constituent university.
4939 8. Approving, reviewing, and terminating degree programs of
4940 the State University System.
4941 9. Governing admissions to the state universities.
4942 10. Serving as the public employer to all public employees
4943 of state universities for collective bargaining purposes.
4944 11. Establishing a personnel system for all state
4945 university employees; however, the Department of Management
4946 Services shall retain authority over state university employees
4947 for programs established in ss. 112.942 110.123, 112.945
4948 110.1232, 112.946 110.1234, 112.947 110.1238, and 112.949
4949 110.161, and in chapters 121, 122, and 238.
4950 12. Complying with, and enforcing for institutions under
4951 the board’s jurisdiction, all applicable local, state, and
4952 federal laws.
4953 Section 147. Paragraph (b) of subsection (5) of section
4954 1001.706, Florida Statutes, is amended to read:
4955 1001.706 Powers and duties of the Board of Governors.—
4956 (5) POWERS AND DUTIES RELATING TO PERSONNEL.—
4957 (b) The Department of Management Services shall retain
4958 authority over state university employees for programs
4959 established in ss. 112.942 110.123,112.945 110.1232, 112.946
4960 110.1234, 112.947 110.1238, and 112.949 110.161 and in chapters
4961 121, 122, and 238. Unless specifically authorized by law,
4962 neither the Board of Governors nor a state university may offer
4963 group insurance programs for employees as a substitute for or as
4964 an alternative to the health insurance programs offered pursuant
4965 to chapter 112 110.
4966 Section 148. Paragraph (c) of subsection (5) of section
4967 1001.74, Florida Statutes, is amended to read:
4968 1001.74 Powers and duties of university boards of
4969 trustees.—
4970 (5) POWERS AND DUTIES RELATING TO PERSONNEL.—
4971 (c) The Department of Management Services shall retain
4972 authority over state university employees for programs
4973 established in ss. 112.942 110.123, 112.945 110.1232, 112.946
4974 110.1234, 112.947 110.1238, and 112.949 110.161 and in chapters
4975 121, 122, and 238. Unless specifically authorized by law,
4976 neither the Board of Governors nor a state university may offer
4977 group insurance programs for employees as a substitute for or as
4978 an alternative to the health insurance programs offered pursuant
4979 to chapter 112 110.
4980 Section 149. Paragraph (f) of subsection (8) of section
4981 1002.36, Florida Statutes, is amended to read:
4982 1002.36 Florida School for the Deaf and the Blind.—
4983 (4) BOARD OF TRUSTEES.—
4984 (f) The board of trustees shall:
4985 1. Prepare and submit legislative budget requests for
4986 operations and fixed capital outlay, in accordance with chapter
4987 216 and ss. 1011.56 and 1013.60, to the Department of Education
4988 for review and approval. The department must analyze the amount
4989 requested for fixed capital outlay to determine if the request
4990 is consistent with the school’s campus master plan, educational
4991 plant survey, and facilities master plan. Projections of
4992 facility space needs may exceed the norm space and occupant
4993 design criteria established in the State Requirements for
4994 Educational Facilities.
4995 2. Approve and administer an annual operating budget in
4996 accordance with ss. 1011.56 and 1011.57.
4997 3. Require all funds received other than gifts, donations,
4998 bequests, funds raised by or belonging to student clubs or
4999 student organizations, and funds held for specific students or
5000 in accounts for individual students to be deposited in the State
5001 Treasury and expended as authorized in the General
5002 Appropriations Act.
5003 4. Require all purchases to be in accordance with the
5004 provisions of chapter 287 except for purchases made with funds
5005 received as gifts, donations, or bequests; funds raised by or
5006 belonging to student clubs or student organizations; or funds
5007 held for specific students or in accounts for individual
5008 students.
5009 5. Administer and maintain personnel programs for all
5010 employees of the board of trustees and the Florida School for
5011 the Deaf and the Blind who shall be state employees, including
5012 the personnel classification and pay plan established in
5013 accordance with ss. 110.205(2)(s) 110.205(2)(d) and
5014 216.251(2)(a)2. for academic and academic administrative
5015 personnel, the provisions of chapter 110, and the provisions of
5016 law that grant authority to the Department of Management
5017 Services over such programs for state employees.
5018 6. Give preference in appointment and retention in
5019 positions of employment as provided within s. 295.07(1).
5020 7. Ensure that the Florida School for the Deaf and the
5021 Blind complies with s. 1013.351 concerning the coordination of
5022 planning between the Florida School for the Deaf and the Blind
5023 and local governing bodies.
5024 8. Ensure that the Florida School for the Deaf and the
5025 Blind complies with s. 112.061 concerning per diem and travel
5026 expenses of public officers, employees, and authorized persons
5027 with respect to all funds other than funds received as gifts,
5028 donations, or bequests; funds raised by or belonging to student
5029 clubs or student organizations; or funds held for specific
5030 students or in accounts for individual students.
5031 9. Adopt a master plan that which specifies the mission and
5032 objectives of the Florida School for the Deaf and the Blind. The
5033 plan shall include, but not be limited to, procedures for
5034 systematically measuring the school’s progress toward meeting
5035 its objectives, analyzing changes in the student population, and
5036 modifying school programs and services to respond to such
5037 changes. The plan shall be for a period of 5 years and shall be
5038 reviewed for needed modifications every 2 years. The board of
5039 trustees shall submit the initial plan and subsequent
5040 modifications to the Speaker of the House of Representatives and
5041 the President of the Senate.
5042 10. Designate a portion of the school as “The Verle Allyn
5043 Pope Complex for the Deaf,” in tribute to the late Senator Verle
5044 Allyn Pope.
5045 (8) CAMPUS POLICE.—
5046 (f) The board of trustees shall adopt rules, including,
5047 without limitation, rules for the appointment, employment, and
5048 removal of campus police in accordance with the Civil State
5049 Career Service under chapter 110 System and shall establish in
5050 writing a policy manual, that includes, without limitation,
5051 procedures for managing routine law enforcement situations and
5052 emergency law enforcement situations. The board of trustees
5053 shall furnish a copy of the policy manual to each of the campus
5054 police officers it employs. A campus police officer appointed by
5055 the board of trustees must have completed the training required
5056 by the school in the special needs and proper procedures for
5057 dealing with students served by the school.
5058 Section 150. Section 1012.62, Florida Statutes, is amended
5059 to read:
5060 1012.62 Transfer of sick leave and annual leave.—In
5061 implementing the provisions of ss. 402.22(1)(d) and
5062 1001.42(4)(m), educational personnel in Department of Children
5063 and Family Services residential care facilities who are employed
5064 by a district school board may request, and the district school
5065 board shall accept, a lump-sum transfer of accumulated sick
5066 leave for such personnel to the maximum allowed by policies of
5067 the district school board, notwithstanding the provisions of s.
5068 112.910 110.122. Educational personnel in Department of Children
5069 and Family Services residential care facilities who are employed
5070 by a district school board under the provisions of s.
5071 402.22(1)(d) may request, and the district school board shall
5072 accept, a lump-sum transfer of accumulated annual leave for each
5073 person employed by the district school board in a position in
5074 the district eligible to accrue vacation leave under the
5075 policies of the district school board.
5076 Section 151. Subsection (5) of section 1012.79, Florida
5077 Statutes, is amended to read:
5078 1012.79 Education Practices Commission; organization.—
5079 (5) The commission, by a vote of three-fourths of the
5080 membership, shall employ an executive director, who shall be
5081 exempt from the Civil career Service. The executive director may
5082 be dismissed by a majority vote of the membership.
5083 Section 152. Subsection (6) of section 1012.88, Florida
5084 Statutes, is amended to read:
5085 1012.88 Community college police.—
5086 (6) The community college, with the approval of the
5087 Department of Law Enforcement, shall adopt rules, including,
5088 without limitation, rules for the appointment, employment, and
5089 removal of community college police in accordance with the Civil
5090 state Career Service under chapter 110 System and shall
5091 establish in writing a policy manual, that includes, without
5092 limitation, procedures for managing routine law enforcement
5093 situations and emergency law enforcement situations. The
5094 community college shall furnish a copy of the policy manual to
5095 each of the police officers it employs.
5096 Section 153. This act shall take effect July 1, 2010.