Florida Senate - 2011                                      SB 88
       
       
       
       By Senator Gaetz
       
       
       
       
       4-00009-11                                              201188__
    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. Limitations on severance pay for nonelected
   11  public officers.—
   12         (1) As used in this section, the term “severance pay” means
   13  the actual or constructive compensation, including salary,
   14  benefits, or perquisites, for employment services yet to be
   15  rendered for a term greater than 4 weeks before or immediately
   16  following termination of employment. The term does not include
   17  compensation for:
   18         (a) Earned and accrued annual, sick, compensatory, and
   19  administrative leave.
   20         (b) Early retirement under provisions established in an
   21  actuarially funded pension plan subject to part VII of chapter
   22  112, Florida Statutes.
   23         (2) On or after July 1, 2011, a public officer serving in a
   24  nonelected position may not receive severance pay unless:
   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 part II of
   29  chapter 112, Florida Statutes, on behalf of an agency outside
   30  this state and would be permitted under that agency’s personnel
   31  system.
   32         (c) The severance pay represents the settlement of an
   33  employment dispute; however, such settlement may not include
   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 create an entitlement to
   37  severance pay in the absence of its authorization.
   38         Section 2. This act shall take effect July 1, 2011.