Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. CS for CS for SB 88 Barcode 808386 LEGISLATIVE ACTION Senate . House Comm: WD . 04/14/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Wise) recommended the following: 1 Senate Amendment 2 3 Delete lines 63 - 77 4 and insert: 5 (b) On or after July 1, 2011: 6 1. An officer, agent, employee, or contractor may receive 7 severance pay only if: 8 a. The severance pay is paid from wholly private funds, the 9 payment and receipt of which do not otherwise violate part III 10 of chapter 112; 11 b. The severance pay is administered under part II of 12 chapter 112 on behalf of an agency outside this state and would 13 be permitted under that agency’s personnel system; 14 c. The severance pay represents the settlement of an 15 employment dispute. Such settlement may not include provisions 16 that limit the ability of any party to the settlement to discuss 17 the dispute or settlement; or 18 d. Provision for the severance pay is expressly included in 19 a contract for employment which was entered into before July 1, 20 2011. 21 2. An officer, agent, employee, or contractor may receive 22 severance pay pursuant to this paragraph only if: 23 a. He or she has not been fired as a result of an 24 investigation, prosecution, or any criminal, civil, or 25 administrative proceeding by a federal, state, or local 26 governmental entity; a negative job-performance evaluation; or a 27 violation of a governmental policy or rule; 28 b. He or she has been fired without cause; and 29 c. The severance pay does not exceed his or her actual or 30 constructive compensation, including salary, benefits, or 31 perquisites, for employment services yet to be rendered for a 32 term greater than 4 weeks before or immediately following 33 termination of employment.