Bill Text: FL H0043 | 2011 | Regular Session | Comm Sub

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Bill Title: Public Employee Compensation

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-03 - Laid on Table, companion bill(s) passed, see CS/CS/CS/SB 88 (Ch. [H0043 Detail]

Download: Florida-2011-H0043-Comm_Sub.html

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CS/CS/HB 43

1	A bill to be entitled
2	An act relating to public employee compensation; amending
3	s. 215.425, F.S.; revising provisions relating to the
4	prohibition against the payment of extra compensation;
5	providing for bonuses; specifying the conditions for
6	paying bonuses; requiring that contracts providing for
7	severance pay under certain circumstances include
8	specified provisions; defining the term "severance pay";
9	prohibiting certain contract provisions that provide for
10	extra compensation to limit the ability to discuss the
11	contract; amending s. 125.01, F.S.; deleting provisions
12	relating to the power of a county to pay extra
13	compensation; amending s. 166.021, F.S.; deleting a
14	provision that allows a municipality to pay extra
15	compensation; amending s. 112.061, F.S.; conforming cross-
16	references; repealing s. 373.0795, F.S., relating to a
17	prohibition against severance pay for officers or
18	employees of water management districts; providing an
19	effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Section 215.425, Florida Statutes, is amended
24	to read:
25	215.425  Extra compensation claims prohibited; bonuses;
26	severance pay.-
27	(1)  No extra compensation shall be made to any officer,
28	agent, employee, or contractor after the service has been
29	rendered or the contract made; nor shall any money be
30	appropriated or paid on any claim the subject matter of which
31	has not been provided for by preexisting laws, unless such
32	compensation or claim is allowed by a law enacted by two-thirds
33	of the members elected to each house of the Legislature.
34	However, when adopting salary schedules for a fiscal year, a
35	district school board or community college district board of
36	trustees may apply the schedule for payment of all services
37	rendered subsequent to July 1 of that fiscal year.
38	(2)  The provisions of This section does do not apply to:
39	(a)  Extra compensation given to state employees who are
40	included within the senior management group pursuant to rules
41	adopted by the Department of Management Services; to extra
42	compensation given to county, municipal, or special district
43	employees pursuant to policies adopted by county or municipal
44	ordinances or resolutions of governing boards of special
45	districts or to employees of the clerk of the circuit court
46	pursuant to written policy of the clerk; or to
47	(b)  A clothing and maintenance allowance given to
48	plainclothes deputies pursuant to s. 30.49.
49	(3)  Any policy, ordinance, rule, or resolution designed to
50	implement a bonus scheme must:
51	(a)  Base the award of a bonus on work performance;
52	(b)  Describe the performance standards and evaluation
53	process by which a bonus will be awarded;
54	(c)  Notify all employees of the policy, ordinance, rule,
55	or resolution before the beginning of the evaluation period on
56	which a bonus will be based; and
57	(d)  Consider all employees for the bonus.
58	(4)(a)  On or after July 1, 2011, a unit of government that
59	enters into a contract or employment agreement, or renewal or
60	renegotiation of an existing contract or employment agreement,
61	that contains a provision for severance pay with an officer,
62	agent, employee, or contractor must include the following
63	provisions in the contract:
64	1.  A requirement that severance pay provided may not
65	exceed an amount greater than 20 weeks of compensation, unless
66	the unit of government approves the contract or employment
67	agreement, or renewal or renegotiation of a contract or
68	employment agreement, by a two-thirds vote of the membership of
69	the approving body of the unit of government.
70	2.  A prohibition of provision of severance pay when the
71	officer, agent, employee, or contractor has been fired for
72	misconduct, as defined in s. 443.036(29), by the unit of
73	government.
74	(b)  Notwithstanding paragraph (a), on or after July 1,
75	2011, an officer, agent, employee, or contractor may receive
76	severance pay if:
77	1.  The severance pay is paid from wholly private funds,
78	the payment and receipt of which do not otherwise violate part
79	III of chapter 112; or
80	2.  The severance pay is administered under part II of
81	chapter 112 on behalf of an agency outside this state and would
82	be permitted under that agency's personnel system.
83	(c)  This subsection does not create an entitlement to
84	severance pay in the absence of its authorization.
85	(d)  As used in this subsection, the term "severance pay"
86	means the actual or constructive compensation, including salary,
87	benefits, or perquisites, for employment services yet to be
88	rendered which is provided to an employee who has recently been
89	or is about to be terminated. The term does not include
90	compensation for:
91	1.  Earned and accrued annual, sick, compensatory, or
92	administrative leave;
93	2.  Early retirement under provisions established in an
94	actuarially funded pension plan subject to part VII of chapter
95	112; or
96	3.  Any subsidy for the cost of a group insurance plan
97	available to an employee upon normal or disability retirement
98	that is by policy available to all employees of the unit of
99	government pursuant to the unit's health insurance plan. This
100	subparagraph may not be construed to limit the ability of a unit
101	of government to reduce or eliminate such subsidies.
102	(5)  Any agreement or contract, executed on or after July
103	1, 2011, which involves extra compensation between a unit of
104	government and an officer, agent, employee, or contractor may
105	not include provisions that limit the ability of any party to
106	the agreement or contract to discuss the agreement or contract.
107	Section 2.  Paragraphs (cc) and (dd) of subsection (1) of
108	section 125.01, Florida Statutes, are redesignated as paragraphs
109	(bb) and (cc), respectively, and paragraph (bb) of that
110	subsection is amended to read:
111	125.01  Powers and duties.-
112	(1)  The legislative and governing body of a county shall
113	have the power to carry on county government. To the extent not
114	inconsistent with general or special law, this power includes,
115	but is not restricted to, the power to:
116	(bb)  Notwithstanding the prohibition against extra
117	compensation set forth in s. 215.425, provide for an extra
118	compensation program, including a lump-sum bonus payment
119	program, to reward outstanding employees whose performance
120	exceeds standards, if the program provides that a bonus payment
121	may not be included in an employee's regular base rate of pay
122	and may not be carried forward in subsequent years.
123	Section 3.  Present subsections (8) through (10) of section
124	166.021, Florida Statutes, are redesignated as subsections (7)
125	through (9) respectively, and present subsection (7) of that
126	section is amended, to read:
127	166.021  Powers.-
128	(7)  Notwithstanding the prohibition against extra
129	compensation set forth in s. 215.425, the governing body of a
130	municipality may provide for an extra compensation program,
131	including a lump-sum bonus payment program, to reward
132	outstanding employees whose performance exceeds standards, if
133	the program provides that a bonus payment may not be included in
134	an employee's regular base rate of pay and may not be carried
135	forward in subsequent years.
136	Section 4.  Paragraphs (a) and (c) of subsection (14) of
137	section 112.061, Florida Statutes, are amended to read:
138	112.061  Per diem and travel expenses of public officers,
139	employees, and authorized persons.-
140	(14)  APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
141	SCHOOL BOARDS, SPECIAL DISTRICTS, AND METROPOLITAN PLANNING
142	ORGANIZATIONS.-
143	(a)  The following entities may establish rates that vary
144	from the per diem rate provided in paragraph (6)(a), the
145	subsistence rates provided in paragraph (6)(b), or the mileage
146	rate provided in paragraph (7)(d) if those rates are not less
147	than the statutorily established rates that are in effect for
148	the 2005-2006 fiscal year:
149	1.  The governing body of a county by the enactment of an
150	ordinance or resolution;
151	2.  A county constitutional officer, pursuant to s. 1(d),
152	Art. VIII of the State Constitution, by the establishment of
153	written policy;
154	3.  The governing body of a district school board by the
155	adoption of rules;
156	4.  The governing body of a special district, as defined in
157	s. 189.403(1), except those special districts that are subject
158	to s. 166.021(9) 166.021(10), by the enactment of a resolution;
159	or
160	5.  Any metropolitan planning organization created pursuant
161	to s. 339.175 or any other separate legal or administrative
162	entity created pursuant to s. 339.175 of which a metropolitan
163	planning organization is a member, by the enactment of a
164	resolution.
165	(c)  Except as otherwise provided in this subsection,
166	counties, county constitutional officers and entities governed
167	by those officers, district school boards, special districts,
168	and metropolitan planning organizations, other than those
169	subject to s. 166.021(9) 166.021(10), remain subject to the
170	requirements of this section.
171	Section 5.  Section 373.0795, Florida Statutes, is
172	repealed.
173	Section 6.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.