Florida Senate - 2010                                    SB 2466
       
       
       
       By Senator Gaetz
       
       
       
       
       4-01717A-10                                           20102466__
    1                        A bill to be entitled                      
    2         An act relating to public officers; prohibiting
    3         severance pay for nonelected public officers except
    4         under specified circumstances; prohibiting certain
    5         limitations on discussing an employment dispute or
    6         settlement; providing an effective date.
    7  
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Severance pay for nonelected public officers.—
   11         (1) As used in this section, the term “severance pay” means
   12  the actual or constructive compensation, including salary,
   13  benefits, or perquisites, for employment services yet to be
   14  rendered for a term greater than 4 weeks before or immediately
   15  following termination of employment. The term does not include
   16  compensation resulting from:
   17         (a) Earned and accrued annual, sick, compensatory, and
   18  administrative leave.
   19         (b) Early retirement provisions established in an
   20  actuarially funded pension plan subject to part VII of chapter
   21  112, Florida Statutes.
   22         (2) On or after July 1, 2010, a public officer serving in a
   23  nonelected position may not receive severance pay, except under
   24  the following conditions:
   25         (a) The severance pay is paid from wholly private funds,
   26  the payment and receipt of which do not otherwise violate part
   27  III of chapter 112, Florida Statutes.
   28         (b) The severance pay is administered under the auspices of
   29  part II of chapter 112, Florida Statutes, on behalf of an agency
   30  outside this state and would be permitted under that agency’s
   31  personnel system.
   32         (c) The severance pay represents the settlement of an
   33  employment dispute; however, such settlement may not contain
   34  provisions that limit the ability of any party to the settlement
   35  to discuss the dispute or settlement.
   36         (3) This section does not operate to create an entitlement
   37  to severance pay in the absence of its authorization.
   38         Section 2. This act shall take effect July 1, 2010.