Florida Senate - 2026                                    SB 1432
       
       
        
       By Senator Calatayud
       
       
       
       
       
       38-01251B-26                                          20261432__
    1                        A bill to be entitled                      
    2         An act relating to public employee housing benefits;
    3         creating s. 112.049, F.S.; defining terms; authorizing
    4         specified public employers to provide a one-time
    5         payout of sick leave and annual leave to certain
    6         employees for a specified purpose; providing
    7         requirements for the payout; requiring the employer to
    8         remit payment and disburse funds in a specified
    9         manner; requiring an escrow agent to return funds
   10         under certain circumstances; requiring the Department
   11         of Management Services to adopt rules; authorizing
   12         political subdivisions to take certain actions to
   13         implement specified provisions; providing
   14         construction; providing an effective date.
   15  
   16         WHEREAS, the Legislature recognizes the importance of home
   17  ownership in promoting family stability, responsible
   18  citizenship, and long-term investment in communities, and
   19         WHEREAS, the Legislature intends to authorize public
   20  employers to offer a voluntary, one-time payout of accrued sick
   21  and annual leave to assist employees with the purchase of a
   22  primary residence, NOW, THEREFORE,
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 112.049, Florida Statutes, is created to
   27  read:
   28         112.049Heroes Reward Program.—
   29         (1)As used in this section, the term:
   30         (a)“Employee” means any individual employed by a public
   31  employer on a full-time, active basis in a permanent, benefits
   32  eligible position.
   33         (b)“Primary residence” means the dwelling the employee
   34  intends to occupy as his or her principal and permanent
   35  residence.
   36         (c)“Public employer” has the same meaning as in s.
   37  447.203(2).
   38         (2)Notwithstanding s. 110.219, a public employer may
   39  provide an employee a one-time payout of his or her sick or
   40  annual leave, or a combination thereof, for the purchase of a
   41  primary residence if:
   42         (a)The payout is used to assist with the purchase of a
   43  primary residence and such purchase is evidenced by:
   44         1.A fully executed purchase-and-sale agreement.
   45         2.A final closing disclosure or settlement statement,
   46  issued by a licensed closing or escrow agent. This does not
   47  include estimated, preliminary, or unsigned documents.
   48         (b)The employee retains a balance of at least 21 days of
   49  accrued sick leave following the payout.
   50         (c)The employee is able to redeem any requested amount of
   51  accrued annual leave, with no maximum cap, provided the employee
   52  otherwise meets the requirements of this section.
   53         (d)The public employer provides the employee with a
   54  written statement confirming the one-time, nonrefundable nature
   55  of the payout.
   56         (3)A payout under this section is separate from and in
   57  addition to the number of hours of accrued annual leave that may
   58  be used for purposes of the Deferred Retirement Option Program
   59  under s. 121.091.
   60         (a)Leave paid out under this section must be deducted from
   61  the employee’s accrued leave balances at the time of payment and
   62  may not later be counted toward any terminal leave payout or
   63  other leave conversion program.
   64         (b)All payments must be made at the employee’s current
   65  base rate of pay and are subject to applicable taxes. A payout
   66  under this section is not terminal pay, severance pay, or
   67  compensation for purposes of retirement calculations under
   68  chapter 121.
   69         (c)At the employee’s written request, the employer shall
   70  remit the approved payout directly to a licensed closing or
   71  escrow agent identified in the final closing disclosure or
   72  settlement statement.
   73         (d)Upon receipt of a complete and compliant request from
   74  the employee, including a fully executed purchase-and-sale
   75  agreement and a final closing disclosure, the employer shall
   76  disburse funds by electronic wire transfer to the designated
   77  closing or escrow agent no later than 3 business working days
   78  after the scheduled closing date.
   79         (e)Funds deposited under this section shall be disbursed
   80  solely for allowable home purchase costs at closing. If the
   81  transaction does not close, the escrow agent shall return the
   82  funds to the employer with 5 business days, and the employee’s
   83  leave balances shall be restored accordingly.
   84         (4)(a)The Department of Management Services shall adopt
   85  rules to implement this section.
   86         (b)A political subdivision may implement this program by
   87  ordinance, resolution, written policy, or collective bargaining
   88  agreement.
   89         (c)The program does not require any public employer to
   90  establish or maintain the benefit authorized in this section.
   91         Section 2. This act shall take effect July 1, 2026.