Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 88
       
       
       
       
       
       
                                Barcode 808386                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/14/2011           .                                
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       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.