Florida Senate - 2016                   (PROPOSED BILL) SPB 7010
       FOR CONSIDERATION By the Committee on Governmental Oversight and
       585-00571A-16                                         20167010pb
    1                        A bill to be entitled                      
    2         An act relating to individuals with disabilities;
    3         reordering and amending s. 110.107, F.S.; revising
    4         definitions and defining the term “individual who has
    5         a disability”; amending s. 110.112, F.S.; revising the
    6         state’s equal employment opportunity policy to include
    7         individuals who have a disability; requiring each
    8         executive agency to annually report to the Department
    9         of Management Services regarding the agency’s progress
   10         in increasing employment among certain
   11         underrepresented groups; revising the required content
   12         of the department’s annual workforce report; requiring
   13         the department to develop and implement certain
   14         programs geared toward individuals who have a
   15         disability; requiring the department to develop
   16         training programs by a specified date; requiring each
   17         executive agency to develop a plan regarding the
   18         employment of individuals who have a disability by a
   19         specified date; requiring the department to report to
   20         the Governor and the Legislature regarding
   21         implementation; requiring the department to compile
   22         and post data regarding the hiring practices of
   23         executive agencies regarding the employment of
   24         individuals who have a disability; requiring the
   25         department to assist executive agencies in identifying
   26         strategies to retain employees who have a disability;
   27         requiring the department to adopt certain rules;
   28         specifying that the act does not create any
   29         enforceable right or benefit; creating the “Employment
   30         First Act”; providing legislative findings and intent;
   31         providing a purpose; requiring specified state
   32         agencies and organizations to develop and implement an
   33         interagency cooperative agreement; requiring the
   34         interagency cooperative agreement to provide the
   35         roles, responsibilities, and objectives of state
   36         agencies and organizations; providing appropriations;
   37         providing an effective date.
   39  Be It Enacted by the Legislature of the State of Florida:
   41         Section 1. Section 110.107, Florida Statutes, is reordered
   42  and amended to read:
   43         110.107 Definitions.—As used in this chapter, the term:
   44         (5)(1) “Department” means the Department of Management
   45  Services.
   46         (28)(2) “Secretary” means the Secretary of Management
   47  Services.
   48         (11)(3) “Furlough” means a temporary reduction in the
   49  regular hours of employment in a pay period, or temporary leave
   50  without pay for one or more pay periods, with a commensurate
   51  reduction in pay, which is necessitated by a projected deficit
   52  in any fund that supports salary and benefit appropriations. The
   53  deficit must be projected by the Revenue Estimating Conference
   54  pursuant to s. 216.136(3).
   55         (30)(4) “State agency” or “agency” means any official,
   56  officer, commission, board, authority, council, committee, or
   57  department of the executive branch or the judicial branch of
   58  state government as defined in chapter 216.
   59         (21)(5) “Position” means the work, consisting of duties and
   60  responsibilities, assigned to be performed by an officer or
   61  employee.
   62         (10)(6) “Full-time position” means a position authorized
   63  for the entire normally established work period, whether daily,
   64  weekly, monthly, or annually.
   65         (18)(7) “Part-time position” means a position authorized
   66  for less than the entire normally established work period,
   67  whether daily, weekly, monthly, or annually.
   68         (16)(8) “Occupation” means all positions that which are
   69  sufficiently similar in knowledge, skills, and abilities, and
   70  the sufficiently similar as to kind or subject matter of work.
   71         (17)(9) “Occupational group” means a group of occupations
   72  that which are sufficiently similar in the kind of work
   73  performed to warrant the use of the same performance factors in
   74  determining the level of complexity for all occupations in that
   75  occupational group.
   76         (3)(10) “Classification plan” means a formal description of
   77  the concepts, rules, job family definitions, occupational group
   78  characteristics, and occupational profiles used in the
   79  classification of positions.
   80         (20)(11) “Pay plan” means a formal description of the
   81  philosophy, methods, procedures, and salary schedules for
   82  competitively compensating employees at market-based rates for
   83  work performed.
   84         (27)(12) “Salary schedule” means an official document that
   85  which contains a complete list of occupation titles, broadband
   86  level codes, and pay bands.
   87         (1)(13) “Authorized position” means a position included in
   88  an approved budget. In counting the number of authorized
   89  positions, part-time positions may be converted to full-time
   90  equivalents.
   91         (8)(14) “Established position” means an authorized position
   92  that which has been classified in accordance with a
   93  classification and pay plan as provided by law.
   94         (22)(15) “Position number” means the identification number
   95  assigned to an established position.
   96         (26)(16) “Reclassification” means the changing of an
   97  established position in one broadband level in an occupational
   98  group to a higher or lower broadband level in the same
   99  occupational group or to a broadband level in a different
  100  occupational group.
  101         (24)(17) “Promotion” means the changing of the
  102  classification of an employee to a broadband level having a
  103  higher maximum salary; or the changing of the classification of
  104  an employee to a broadband level having the same or a lower
  105  maximum salary but a higher level of responsibility.
  106         (4)(18) “Demotion” means the changing of the classification
  107  of an employee to a broadband level having a lower maximum
  108  salary; or the changing of the classification of an employee to
  109  a broadband level having the same or a higher maximum salary but
  110  a lower level of responsibility.
  111         (32)(19) “Transfer” means moving an employee from one
  112  geographic location of the state to a different geographic
  113  location more than in excess of 50 miles from the employee’s
  114  current work location.
  115         (25)(20) “Reassignment” means moving an employee from a
  116  position in one broadband level to a different position in the
  117  same broadband level or to a different broadband level having
  118  the same maximum salary.
  119         (6)(21) “Dismissal” means a disciplinary action taken by an
  120  agency pursuant to s. 110.227 against an employee which results
  121  resulting in the termination of his or her employment.
  122         (31)(22) “Suspension” means a disciplinary action taken by
  123  an agency pursuant to s. 110.227 against an employee which to
  124  temporarily relieves relieve the employee of his or her duties
  125  and places place him or her on leave without pay.
  126         (15)(23) “Layoff” means termination of employment due to a
  127  shortage of funds or work, or a material change in the duties or
  128  organization of an agency, including the outsourcing or
  129  privatization of an activity or function previously performed by
  130  career service employees.
  131         (7)(24) “Employing agency” means any agency authorized to
  132  employ personnel to carry out the responsibilities of the agency
  133  under the provisions of chapter 20 or other law statutory
  134  authority.
  135         (29)(25) “Shared employment” means part-time career
  136  employment in which whereby the duties and responsibilities of a
  137  full-time position in the career service are divided among part
  138  time employees who are eligible for the position and who receive
  139  career service benefits and wages pro rata. The term In no case
  140  shall “shared employment” does not include the employment of
  141  persons paid from other-personal-services funds.
  142         (9)(26) “Firefighter” means a firefighter certified under
  143  chapter 633.
  144         (14)(27) “Law enforcement or correctional officer” means a
  145  law enforcement officer, special agent, correctional officer,
  146  correctional probation officer, or institutional security
  147  specialist required to be certified under chapter 943.
  148         (23)(28) “Professional health care provider” means
  149  registered nurses, physician’s assistants, dentists,
  150  psychologists, nutritionists or dietitians, pharmacists,
  151  psychological specialists, physical therapists, and speech and
  152  hearing therapists.
  153         (13)(29) “Job family” means a defined grouping of one or
  154  more occupational groups.
  155         (19)(30) “Pay band” means the minimum salary, the maximum
  156  salary, and intermediate rates that which are payable for work
  157  in a specific broadband level.
  158         (2)(31) “Broadband level” means all positions that which
  159  are sufficiently similar in knowledge, skills, and abilities;
  160  the, and sufficiently similar as to kind or subject matter of
  161  work; the, level of difficulty or the level of
  162  responsibilities;, and the qualification requirements of the
  163  work so as to warrant the same treatment with respect as to
  164  title, pay band, and other personnel transactions.
  165         (12) “Individual who has a disability” means a person who
  166  has a physical or intellectual impairment that substantially
  167  limits one or more major life activities; a person who has a
  168  history or record of such an impairment; or a person who is
  169  perceived by others as having such an impairment.
  170         Section 2. Subsections (1) and (2) of section 110.112,
  171  Florida Statutes, are amended, present subsections (3) through
  172  (6) of that section are redesignated as subsections (4) through
  173  (7), respectively, and a new subsection (3) is added to that
  174  section, to read:
  175         110.112 Affirmative action; equal employment opportunity.—
  176         (1) It is shall be the policy of this the state to assist
  177  in providing the assurance of equal employment opportunity
  178  through programs of affirmative and positive action that will
  179  allow full utilization of women, and minorities, and individuals
  180  who have a disability.
  181         (2)(a) The head of each executive agency shall develop and
  182  implement an affirmative action plan in accordance with rules
  183  adopted by the department and approved by a majority vote of the
  184  Administration Commission before their adoption.
  185         (b) Each executive agency shall establish annual goals for
  186  ensuring full utilization of groups underrepresented in the
  187  agency’s its workforce, including women, minorities, and
  188  individuals who have a disability, as compared to the relevant
  189  labor market, as defined by the agency. Each executive agency
  190  shall design its affirmative action plan to meet its established
  191  goals.
  192         (c) Each executive agency shall annually report to the
  193  department regarding the agency’s progress toward increasing
  194  employment among women, minorities, and individuals who have a
  195  disability.
  196         (d)(c) An affirmative action-equal employment opportunity
  197  officer shall be appointed by the head of each executive agency.
  198  The affirmative action-equal employment opportunity officer’s
  199  responsibilities must include determining annual goals,
  200  monitoring agency compliance, and providing consultation to
  201  managers regarding progress, deficiencies, and appropriate
  202  corrective action.
  203         (e)(d) The department shall report information in its
  204  annual workforce report relating to the implementation,
  205  continuance, updating, and results of each executive agency’s
  206  affirmative action plan for the previous fiscal year. The annual
  207  workforce report must also include data for each executive
  208  agency relating to employment levels among women, minorities,
  209  and individuals who have a disability.
  210         (f)(e) The department shall provide to all supervisory
  211  personnel of the executive agencies training in the principles
  212  of equal employment opportunity and affirmative action, the
  213  development and implementation of affirmative action plans, and
  214  the establishment of annual affirmative action goals. The
  215  department may contract for training services, and each
  216  participating agency shall reimburse the department for costs
  217  incurred through such contract. After the department approves
  218  the contents of the training program for the agencies, the
  219  department may delegate this training to the executive agencies.
  220         (3)(a) The department, in consultation with the Agency for
  221  Persons with Disabilities, the Division of Vocational
  222  Rehabilitation and the Division of Blind Services of the
  223  Department of Education, the Department of Economic Opportunity,
  224  and the Executive Office of the Governor, shall develop and
  225  implement programs that incorporate internships, mentoring, on
  226  the-job training, unpaid work experience, situational
  227  assessments, and other innovative strategies that are
  228  specifically geared toward individuals who have a disability.
  229         (b) By January 1, 2017, the department shall develop
  230  mandatory training programs for human resources personnel and
  231  hiring managers of executive agencies which support the
  232  employment of individuals who have a disability.
  233         (c)1. By January 1, 2017, each executive agency shall
  234  develop an agency-specific plan that addresses how to promote
  235  employment opportunities for individuals who have a disability.
  236         2. The department shall assist executive agencies in the
  237  implementation of agency-specific plans. The department shall
  238  regularly report to the Governor, the President of the Senate,
  239  and the Speaker of the House of Representatives the progress of
  240  executive agencies in implementing these plans. Such reports
  241  shall be made at least biannually.
  242         (d) The department shall compile data regarding the hiring
  243  practices of executive agencies with regard to individuals who
  244  have a disability and make such data available on its website.
  245         (e) The department shall assist executive agencies in
  246  identifying and implementing strategies for retaining employees
  247  who have a disability which include, but are not limited to,
  248  training programs, funding reasonable accommodations, increasing
  249  access to appropriate technologies, and ensuring accessibility
  250  of physical and virtual workplaces.
  251         (f) The department shall adopt rules relating to forms that
  252  provide for the voluntary self-identification of individuals who
  253  have a disability who are employed by an executive agency.
  254         (g) This subsection does not create any substantive or
  255  procedural right or benefit enforceable at law or in equity
  256  against the state or a state agency, or an officer, employee, or
  257  agent thereof.
  258         Section 3. Employment First Act.—
  259         (1) SHORT TITLE.—This section may be cited as the
  260  “Employment First Act.”
  261         (2) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  262  that employment is the most direct and cost-effective means to
  263  assist an individual in achieving independence and fulfillment;
  264  however, individuals with disabilities are confronted by unique
  265  barriers to employment which inhibit their opportunities to
  266  compete fairly in the labor force. It is the intent of the
  267  Legislature to provide a framework for a long-term commitment to
  268  improving employment outcomes for individuals with disabilities
  269  in this state through the implementation of this act.
  270         (3) PURPOSE.—The purpose of this act is to prioritize
  271  employment of individuals with disabilities and to change the
  272  employment system to better integrate individuals with
  273  disabilities into the workforce. This act encourages a
  274  collaborative effort between state agencies and organizations to
  275  achieve better employment outcomes for individuals with
  276  disabilities.
  277         (4) INTERAGENCY COOPERATIVE AGREEMENT.—The following state
  278  agencies and organizations, and others, as appropriate, shall
  279  develop an interagency cooperative agreement to implement this
  280  act:
  281         (a) The Division of Vocational Rehabilitation of the
  282  Department of Education.
  283         (b) The Division of Blind Services of the Department of
  284  Education.
  285         (c) The Bureau of Exceptional Education and Student
  286  Services of the Department of Education.
  287         (d) The Agency for Persons with Disabilities.
  288         (e) The Substance Abuse and Mental Health Program of the
  289  Department of Children and Families.
  290         (f) The Department of Economic Opportunity.
  291         (g) CareerSource Florida, Inc.
  292         (h) The Florida Developmental Disabilities Council.
  293         (i) The Florida Association of Rehabilitation Facilities.
  294         (j) Other appropriate organizations.
  296  interagency cooperative agreement must identify the roles and
  297  responsibilities of the state agencies and organizations
  298  identified in subsection (4) and the objectives of the
  299  interagency cooperative agreement, which must include all of the
  300  following:
  301         (a) Establishing a commitment by leadership of the state
  302  agencies and organizations to maximize resources and
  303  coordination to improve employment outcomes for individuals with
  304  disabilities who seek publicly funded services.
  305         (b) Developing strategic goals and benchmarks to assist the
  306  state agencies and organizations in the implementation of this
  307  agreement.
  308         (c) Identifying financing and contracting methods that will
  309  help to prioritize employment for individuals with disabilities
  310  by state agencies and organizations.
  311         (d) Establishing training methods to better integrate
  312  individuals with disabilities into the workforce.
  313         (e) Ensuring collaborative efforts between multiple
  314  agencies to achieve the purposes of this act.
  315         (f) Promoting service innovations to better assist
  316  individuals with disabilities in the workplace.
  317         (g) Identifying accountability measures to ensure the
  318  sustainability of this agreement.
  319         Section 4. For the 2016-2017 fiscal year, the following
  320  sums are appropriated for the purpose of implementing the
  321  amendments made by this act to s. 110.112, Florida Statutes,
  322  relating to the employment of individuals who have a disability:
  323         (1) The sums of $138,692 in recurring funds and $26,264 in
  324  nonrecurring funds are appropriated from the State Personnel
  325  System Trust Fund to the Department of Management Services, and
  326  two full-time equivalent positions with associated salary rate
  327  of 92,762 are authorized.
  328         (2) The sum of $88,285 from the General Revenue Fund and
  329  the sum of $76,671 from trust funds are appropriated to
  330  Administered Funds in the “Special Categories — Transfer to
  331  Department of Management Services — Human Resources Services
  332  Purchased per Statewide Contract” appropriations category for
  333  distribution among agencies.
  334         Section 5. This act shall take effect July 1, 2016.