Bill Text: FL S7196 | 2012 | Regular Session | Introduced
Bill Title: State Employment
Spectrum: Committee Bill
Status: (N/A - Dead) 2012-01-27 - Submit as committee bill by Governmental Oversight and Accountability (SB 2084) [S7196 Detail]
Download: Florida-2012-S7196-Introduced.html
Florida Senate - 2012 (PROPOSED COMMITTEE BILL) SPB 7196 FOR CONSIDERATION By the Committee on Governmental Oversight and Accountability 585-00618D-12 20127196__ 1 A bill to be entitled 2 An act relating to state employment; providing 3 directives to the Division of Statutory Revision; 4 amending s. 110.105, F.S.; revising provisions 5 relating to the establishment of the State Personnel 6 System; transferring, renumbering, reordering, and 7 amending s. 110.107, F.S.; revising definitions 8 relating to ch. 110, F.S.; amending s. 110.1055, F.S.; 9 revising the rulemaking authority of the Department of 10 Management Services; creating s. 110.1056, F.S.; 11 providing for agency audits to determine compliance 12 with laws and rules; transferring, renumbering, and 13 amending s. 110.405, F.S.; revising provisions 14 relating to the appointment of ad hoc advisory 15 committees; creating s. 110.1065, F.S.; providing the 16 employment policies of the State Personnel System; 17 authorizing the department to adopt rules; 18 transferring, renumbering, and amending s. 110.233, 19 F.S.; conforming provisions to changes made by the 20 act; authorizing the department to adopt rules; 21 amending s. 110.1099, F.S.; revising provisions 22 relating to educational opportunities for employees; 23 transferring, renumbering, and amending s. 110.235, 24 F.S.; revising provisions relating to training 25 employees; authorizing the department to adopt rules; 26 amending s. 110.112, F.S.; revising provisions 27 relating to equal employment opportunities; 28 authorizing the department to adopt rules; creating s. 29 110.1135, F.S.; requiring state agencies to keep 30 accurate records of work performed and leave; amending 31 s. 110.116, F.S.; revising provisions relating to 32 maintaining human resource information; authorizing 33 the department to adopt rules; amending s. 110.1245, 34 F.S.; revising provisions relating to bonuses and 35 other awards; authorizing the department to adopt 36 rules; amending s. 110.125, F.S.; revising provisions 37 relating to payment for the administrative costs of 38 operating the personnel program; authorizing the 39 department to adopt rules; amending s. 110.126, F.S.; 40 revising provisions relating to the department’s 41 authority to administer oaths; authorizing the 42 department to adopt rules; amending s. 110.127, F.S.; 43 revising provisions relating to penalties; authorizing 44 the department to adopt rules; transferring, 45 renumbering, and amending s. 110.2037, F.S.; revising 46 provisions relating to tax-sheltered and special 47 compensation benefits; authorizing the department to 48 adopt rules; creating s. 110.183, F.S., consisting of 49 provisions relating to collective bargaining 50 discussions and providing a public records and public 51 meetings exemption for those discussions which is 52 currently contained in and transferred from s. 53 110.201(4), F.S.; creating s. 110.184, F.S.; revising 54 provisions relating to the department’s annual 55 workforce report; providing a directive to the 56 Division of Statutory Revision; creating s. 110.202, 57 F.S.; providing a declaration of policy with respect 58 to the establishment of the Civil Service; amending s. 59 110.205, F.S.; revising provisions relating to the 60 list of positions that are exempted from the Civil 61 Service; authorizing the department to adopt rules; 62 creating s. 110.208, F.S.; providing for a uniform 63 classification system for civil service positions; 64 creating s. 110.2085, F.S.; providing a pay plan for 65 civil service positions; authorizing the department to 66 adopt rules; amending s. 110.211, F.S.; revising 67 provisions relating to recruitment; authorizing the 68 department to adopt rules; amending s. 110.213, F.S.; 69 revising provisions relating to selecting a candidate 70 for employment; authorizing the department to adopt 71 rules; amending s. 110.2135, F.S.; revising provisions 72 relating to veterans’ preference; authorizing the 73 department to adopt rules; amending s. 110.215, F.S.; 74 revising provisions relating to employing persons with 75 disabilities; authorizing the department to adopt 76 rules; amending s. 110.217, F.S.; revising provisions 77 relating to a change in an employee’s position status; 78 amending s. 110.219, F.S.; revising provisions 79 relating to attendance and leave policies; amending s. 80 110.221, F.S.; conforming provisions to changes made 81 by the act; authorizing the department to adopt rules; 82 amending s. 110.224, F.S.; revising provisions 83 relating to employee evaluation; amending s. 110.227, 84 F.S.; revising provisions relating to employee 85 grievances; authorizing the department to adopt rules; 86 providing a directive to the Division of Statutory 87 Revision; transferring, renumbering, and amending s. 88 110.601, F.S.; revising provisions relating to 89 selected exempt service policy; transferring, 90 renumbering, and amending s. 110.602, F.S.; revising 91 provisions relating to the creation of the Selected 92 Exempt Service; transferring, renumbering, and 93 amending s. 110.605, F.S.; revising provisions 94 relating to the powers and duties of the department; 95 creating s. 110.3023, F.S.; providing for the 96 recruitment of selected exempt service staff; 97 providing a directive to the Division of Statutory 98 Revision; amending s. 110.401, F.S.; revising 99 provisions relating to policies for senior management 100 employees; amending s. 110.402, F.S.; revising 101 provisions relating to the establishment of the Senior 102 Management Service; amending s. 110.403, F.S.; 103 revising provisions relating to the duties of the 104 department with respect to the Senior Management 105 Service; creating s. 110.4035, F.S.; providing 106 recruitment requirements for senior management service 107 employees; providing a directive to the Division of 108 Statutory Revision; creating s. 112.906, F.S.; 109 providing definitions for part IX of ch. 112, F.S., 110 relating to state employment; transferring, 111 renumbering, and amending s. 110.131, F.S.; revising 112 the duties of state agencies with respect to the 113 employment of personal services employees; authorizing 114 state agencies having rulemaking authority with 115 respect to the conditions of employment to adopt 116 rules; transferring, renumbering and amending s. 117 110.1315, F.S.; revising a provision relating to other 118 personal service employment; authorizing the 119 Department of Financial Services to adopt rules; 120 transferring and renumbering s. 110.1128, F.S., 121 relating to selective service registration; creating 122 s. 112.910, F.S.; providing for equal employment 123 opportunity; creating s. 112.911, F.S.; providing for 124 nondiscrimination in employment; transferring, 125 renumbering, and amending s. 110.1221, F.S.; revising 126 provisions relating to the state sexual harassment 127 policy; transferring, renumbering, and amending s. 128 110.122, F.S.; revising provisions relating to payment 129 for sick leave; transferring, renumbering, and 130 amending s. 110.121, F.S.; revising provisions 131 relating to the sick leave pool; transferring, 132 renumbering, and amending s. 110.119, F.S.; revising 133 provisions relating to administrative leave for a 134 service-connected disability; transferring, 135 renumbering, and amending ss. 110.120 and 110.1091, 136 F.S.; conforming provisions to changes made by the 137 act; transferring, renumbering, and amending s. 138 110.151, F.S.; revising provisions relating to child 139 care services provided by a state agency; transferring 140 and renumbering s. 110.181, F.S., relating to the 141 Florida State Employees’ Charitable Campaign; 142 transferring, renumbering, and amending s. 110.1225, 143 F.S.; revising provisions relating to agency 144 furloughs; transferring and renumbering s. 110.1155, 145 F.S., relating to travel to certain countries lacking 146 diplomatic relations with the United States; 147 transferring, renumbering, and amending s. 110.191, 148 F.S.; revising provisions relating to state employee 149 leasing; transferring, renumbering, and amending s. 150 110.1082, F.S.; revising provisions related to 151 telephone use; transferring, renumbering, and amending 152 s. 110.1165, F.S.; revising provisions relating to 153 executive branch personnel errors; transferring, 154 renumbering, and amending s. 110.113, F.S.; revising 155 provisions relating to pay periods; requiring state 156 employees to participate in the direct deposit 157 program; transferring and renumbering s. 110.114, 158 F.S., relating to employee wage deductions; creating 159 s. 112.927, F.S.; authorizing the department to use 160 its human resource information system for resource 161 functionality; transferring, renumbering, and amending 162 s. 110.1127, F.S.; revising provisions relating to 163 background screening; transferring, renumbering, and 164 amending s. 110.117, F.S.; revising provisions 165 relating to an employee’s personal holiday; creating 166 s. 112.930, F.S.; providing a telework program; 167 creating s. 112.931, F.S.; providing requirements for 168 the savings sharing program; transferring and, 169 renumbering s. 110.1156, F.S., relating to the export 170 of goods to countries that support terrorism; creating 171 s. 112.933, F.S.; providing penalties for violations 172 relating to state employment; providing a directive to 173 the Division of Statutory Revision; transferring, 174 renumbering, and amending s. 110.1227, F.S.; 175 conforming a cross-reference; transferring, 176 renumbering, and amending s. 110.1228, F.S.; 177 conforming a cross-reference; transferring, 178 renumbering, and amending s. 110.123, F.S., relating 179 to the state group insurance program; conforming 180 terminology and making editorial changes; 181 transferring, renumbering, and amending s. 110.12301, 182 F.S.; conforming a cross-reference; transferring and 183 renumbering s. 110.12302, F.S., relating to costing 184 options for state group insurance plans; transferring, 185 renumbering, and amending s. 110.12312, F.S.; 186 conforming cross-references; transferring and 187 renumbering s. 110.12315, F.S., relating to the state 188 employees’ prescription drug program; transferring, 189 renumbering, and amending s. 110.1232, F.S.; 190 conforming cross-references; transferring and 191 renumbering s. 110.1234, F.S., relating to health 192 insurance for retirees under the Florida Retirement 193 System; transferring and renumbering s. 110.1238, 194 F.S., relating to state group health insurance plans; 195 transferring and renumbering s. 110.1239, F.S., 196 relating to funding for the state group health 197 insurance program; transferring, renumbering, and 198 amending s. 110.161, F.S.; conforming a cross 199 reference; creating s. 112.952, F.S.; providing for 200 penalties; providing a directive to the Division of 201 Statutory Revision; transferring, renumbering, and 202 amending s. 110.501, F.S.; revising definitions 203 relating to state volunteer services; transferring, 204 renumbering, and amending s. 110.502, F.S.; revising 205 provisions relating to volunteer status; transferring, 206 renumbering, and amending s. 110.503, F.S.; revising 207 provisions relating to state agency responsibilities; 208 transferring, renumbering, and amending s. 110.504, 209 F.S.; revising provisions relating to volunteer 210 benefits; creating s. 112.965, F.S.; providing for 211 penalties; repealing s. 110.115, F.S., relating to 212 employees of historical commissions; repealing s. 213 110.118, F.S., relating to administrative leave for 214 athletic competitions; repealing s. 110.124, F.S., 215 relating to the termination or transfer of employees 216 65 years of age or older; repealing s. 110.129, F.S., 217 relating to technical personnel assistance to 218 political subdivisions; repealing s. 110.1521, F.S., 219 relating to a short title; repealing s. 110.1522, 220 F.S., relating to a model rule establishing family 221 support personnel policies; repealing s. 110.1523, 222 F.S., relating to the adoption of the model rule; 223 repealing s. 110.171, F.S., relating to telecommuting; 224 repealing s. 110.201, F.S., relating to personnel 225 rules, records, and reports; repealing s. 110.2035, 226 F.S., relating to the classification and compensation 227 program for employment positions; repealing s. 110.21, 228 F.S., relating to shared employment; repealing s. 229 110.406, F.S., relating to senior management service 230 data collection; repealing s. 110.603, F.S., relating 231 to a classification plan and pay bands for selected 232 exempt service positions; repealing s. 110.604, F.S., 233 relating to certain personnel actions for selected 234 exempt service employees; repealing s. 110.606, F.S., 235 relating to selected exempt service data collection; 236 amending ss. 11.13, 20.055, 20.21, 20.23, 20.255, 237 24.105, 24.122, 30.071, 43.16, 104.31, 106.24, 238 112.044, 112.0805, 112.313, 112.3145, 112.363, 239 121.021, 121.051, 121.055, 121.35, 145.19, 216.011, 240 216.181, 260.0125, 287.175, 295.07, 295.09, 296.04, 241 296.34, 381.00315, 381.85, 394.47865, 402.3057, 242 402.55, 402.7305, 402.731, 409.1757, 409.9205, 414.37, 243 427.012, 440.102, 447.203, 447.207, 447.209, 447.401, 244 456.048, 551.116, 570.07, 601.10, 624.307, 624.437, 245 627.6488, 627.649, 627.6498, 627.6617, 627.6686, 246 849.086, 943.0585, 943.059, 945.043, 946.525, 985.045, 247 1001.705, 1001.706, 1001.74, 1002.36, 1012.62, 248 1012.79, 1012.88, and 1012.96 F.S.; conforming 249 provisions to changes made by the act; providing an 250 effective date. 251 252 Be It Enacted by the Legislature of the State of Florida: 253 254 Section 1. The Division of Statutory Revision is requested 255 to rename chapter 110, Florida Statutes, as “State Personnel 256 System.” 257 Section 2. The Division of Statutory Revision is requested 258 to rename part I of chapter 110, Florida Statutes, as “General 259 Provisions.” 260 Section 3. Section 110.105, Florida Statutes, is amended to 261 read: 262 110.105 Establishment of the State Personnel System 263Employment policy of the state.— 264 (1)It isThe purpose of this chapter is to establish the 265 State PersonnelaSystemof personnel management. TheThis266 system shall provide a means for maintainingto recruit, select,267train, develop, and maintainan effective and responsible 268 workforce and includeshall includepolicies,andprocedures, 269 and guidelines for employee hiring and advancement, training and 270 career development, position classification, salary 271 administration, benefits, attendance and leave, discipline, 272 dismissaldischarge, employee performance evaluations, 273 affirmative action, and other related activities. 274(2)All appointments, terminations, assignments and275maintenance of status, compensation, privileges, and other terms276and conditions of employment in state government shall be made277without regard to age, sex, race, religion, national origin,278political affiliation, marital status, or handicap, except when279a specific sex, age, or physical requirement constitutes a bona280fide occupational qualification necessary to proper and281efficient administration.282(3)Except as expressly provided by law, there shall be no283Florida residence requirement for any person as a condition284precedent to employment by the state; however, preference may be285given to Florida residents in hiring.286 (2)(4)This chapter contains the requirementsand guides287 for establishing and maintaining a system of personnel 288 administration on a merit basis. The systemof personnel289administrationshall be implemented so as to ensure that the 290permitstate agencies participating in the State Personnel 291 System areto beeligible forto receivefederal funds. 292(5)Nothing in this chapter shall be construed either to293infringe upon or to supersede the rights guaranteed public294employees under chapter 447.295 Section 4. Section 110.107, Florida Statutes, is 296 transferred, renumbered as section 110.1054, Florida Statutes, 297 reordered, and amended to read: 298 110.1054110.107Definitions.—As used in this chapter, the 299 term: 300 (5)(1)“Department” means the Department of Management 301 Services. 302 (30)(2)“Secretary” means the Secretary of Management 303 Services. 304(3)“Furlough” means a temporary reduction in the regular305hours of employment in a pay period, or temporary leave without306pay for one or more pay periods, with a commensurate reduction307in pay, necessitated by a projected deficit in any fund that308supports salary and benefit appropriations. The deficit must be309projected by the Revenue Estimating Conference pursuant to s.310216.136(3).311 (31)(4)“State agency” or “agency” means any entity within 312 the State Personnel Systemofficial, officer, commission, board,313authority, council, committee, or department of the executive314branch or the judicial branch of state government as defined in315chapter 216. 316 (32) “State employee” or “employee” means an employee of a 317 state agency. 318 (33) “State Personnel System” means the system of personnel 319 administration for authorized civil service, selected exempt 320 service, and senior management service positions and other 321 personal services employment within the following state agencies 322 and organizational units of such agencies as specified by law: 323 (a) Agency for Enterprise Information Technology. 324 (b) Agency for Health Care Administration. 325 (c) Agency for Persons with Disabilities. 326 (d) Department of Agriculture and Consumer Services. 327 (e) Department of Business and Professional Regulation. 328 (f) Department of Children and Family Services. 329 (g) Department of Citrus. 330 (h) Department of Corrections. 331 (i) Department of Economic Opportunity. 332 (j) Department of Education. 333 (k) Department of Elderly Affairs. 334 (l) Department of Environmental Protection. 335 (m) Department of Financial Services. 336 (n) Department of Health. 337 (o) Department of Highway Safety and Motor Vehicles. 338 (p) Department of Juvenile Justice. 339 (q) Department of Law Enforcement. 340 (r) Department of Legal Affairs. 341 (s) Department of Management Services. 342 (t) Department of Military Affairs. 343 (u) Department of Revenue. 344 (v) Department of State. 345 (w) Department of Transportation. 346 (x) Department of Veterans’ Affairs. 347 (y) Executive Office of the Governor. 348 (z) Fish and Wildlife Conservation Commission. 349 (aa) Florida Public Service Commission. 350 (bb) Florida School for the Deaf and the Blind. 351 (cc) Parole Commission. 352 (22)(5)“Position” means the work, consisting of duties and 353 responsibilities,assignedto beperformed by an officer or 354 employee. 355 (23) “Position description” means the document that 356 accurately describes the assigned duties, responsibilities, and 357 other pertinent information, including licensure, certification, 358 or registration requirements, of a position and that serves as 359 the official record of the work and other requirements of the 360 position. 361 (10)(6)“Full-time position” means a position authorized 362 for the entire normally established work period, whether daily, 363 weekly, monthly, or annually. 364 (19)(7)“Part-time position” means a position authorized 365 for less than the entire normally established work period, 366 whether daily, weekly, monthly, or annually. 367 (16)(8)“Occupation” means all positions thatwhichare 368 sufficiently similar in knowledge, skills, and abilities, and 369 sufficiently similar as to kind or subject matter of work. 370 (17)(9)“Occupational group” means a group of occupations 371 which are sufficiently similar in the kind of work performed to 372 warrant the use of the same performance factors in determining 373 the level of complexity for all occupations in that occupational 374 group. 375 (18) “Other personal services” means temporary employment 376 as provided in s. 112.907. 377 (3)(10)“Classification systemplan” means a formal 378 description of the concepts, rules, job family definitions, 379 occupational group characteristics,andoccupational profiles, 380 and broadband levels used to classifyin the classification of381 positions. 382 (21)(11)“Pay plan” means a formal description of the 383 philosophy, methods, procedures, and salary schedules for 384 competitively compensating employees at market-based rates for 385 work performed. 386 (29)(12)“Salary schedule” means an official document that 387whichcontains a complete list of occupation titles, broadband 388 level codes,andpay bands, and other related information. 389 (1)(13)“Authorized position” means a position included in 390 an approved budget. In counting the number of authorized 391 positions, part-time positions may be converted to full-time 392 equivalents. 393 (8)(14)“Established position” means an authorized position 394 thatwhichhas been classified in accordance with a 395 classification system and pay plan as provided by law. 396 (24)(15)“Position number” means the identification number 397 assigned to an established position or other personal services 398 employment position. 399 (28)(16)“Reclassification” means changing an established 400 positionin one broadband level in an occupational groupto a 401 higher or lower broadband level withininthe same occupation or 402 changing an established position to a different occupation, 403 either of which is the result of a change in the duties and 404 responsibilities of the positionoccupational group or to a405broadband level in a different occupational group. 406 (26)(17)“Promotion” means moving a civil service employee 407 to a higher broadband level within an occupation, or moving an 408 employee to an occupation that has a broadband level having 409changing the classification of an employee to a broadband level410havinga higher maximum salary; or the changing of the411classification of an employee to a broadband level having the412same or a lower maximum salary but a higher level of413responsibility. 414 (4)(18)“Demotion” means moving a civil servicechanging415the classification of anemployee to a lower broadband level 416 within an occupation, or moving an employee to an occupation 417 that has a broadband level having a lower maximum salary; or the418changing of the classification of an employee to a broadband419level having the same or a higher maximum salary but a lower420level of responsibility. 421 (35)(19)“Transfer” means moving a civil servicean422 employee from one geographic location of the state to a 423 different geographic location that is more thanin excess of50 424 highway miles from the employee’s current work location. The 425 mileage shall be calculated using an official Department of 426 Transportation map. 427 (27)(20)“Reassignment” means moving a civil servicean428 employee from a position in an occupation to a position in the 429 same occupation andonebroadband level but which has different 430 duties; or to adifferentposition in a different occupation 431 that has athe samebroadband level with the same maximum 432 salary; or to a position in the same occupation anddifferent433 broadband level regardless of the duties, but in a different 434 agencyhaving the same maximum salary. 435 (6)(21)“Dismissal” means a disciplinary action taken by an 436 agency pursuant to s. 110.227 against a civil servicean437 employee which resultsresultingin the termination of his or 438 her employment. 439 (34)(22)“Suspension” means a disciplinary action taken by 440 an agency against a civil service employee pursuant to s. 441 110.227 whichagainst an employee totemporarily relieves 442relievethe employee of his or her duties and placesplacehim 443 or her on leave without pay. 444 (14)(23)“Layoff” means termination of employment due to a 445 shortage of funds or work, or a material change in the duties or 446 organization of an agency, including the outsourcing or 447 privatization of an activity or function previously performed by 448 civilcareerservice employees. 449 (15) “Merit status” means the status attained by a civil 450 service employee in his or her current position upon 451 successfully completing the required probationary period by 452 demonstrating competency in performing the duties and 453 responsibilities of that position. 454 (7)(24)“Employing agency” means any agency authorized to 455 employ personnel to carry out the responsibilities of the agency 456 pursuant tounder the provisions ofchapter 20 or other law 457statutory authority. 458(25)“Shared employment” means part-time career employment459whereby the duties and responsibilities of a full-time position460in the career service are divided among part-time employees who461are eligible for the position and who receive career service462benefits and wages pro rata. In no case shall “shared463employment” include the employment of persons paid from other464personal-services funds.465 (9)(26)“Firefighter” means a firefighter certified under 466 chapter 633. 467 (13)(27)“Law enforcement or correctional officer” means a 468 law enforcement officer, special agent, correctional officer, 469 correctional probation officer, or institutional security 470 specialistrequired to becertified under chapter 943. 471 (25)(28)“Professional health care provider” means 472 registered nurses, physician’s assistants, dentists, 473 psychologists, nutritionists or dietitians, pharmacists, 474 psychological specialists, physical therapists, and speech and 475 hearing therapists. 476 (11)(29)“Job family” means a defined grouping of one or 477 more similar occupational groups. 478 (12) “Lateral” means moving a civil service employee within 479 an agency to a different position that is in the same 480 occupation, that is at the same broadband level with the same 481 maximum salary, and that has substantially the same duties and 482 responsibilities. 483 (20)(30)“Pay band” means the minimum salary, the maximum 484 salary, and intermediate rates thatwhichare payable for work 485 in a specific broadband level. 486 (2)(31)“Broadband level” means all positions thatwhich487 are sufficiently similar in knowledge, skills, and abilities; 488 the, and sufficiently similar as tokind or subject matter of 489 work; the,level of difficulty or responsibility; 490responsibilities,and qualification requirementsof the workso 491 as to warrant the same treatment with respectasto title, pay 492 band, and other personnel transactions. 493 Section 5. Section 110.1055, Florida Statutes, is amended 494 to read: 495 110.1055 Rules; recordsand rulemaking authority.— 496 (1) The departmentof Management Servicesshall adopt rules 497 as necessary to carry out its statutory dutieseffectuate the498provisions of this chapter, as amended by this act, and in499accordance with the authority granted to the department in this500chapter.All existing rules relating to this chapter are501statutorily repealed January 1, 2002, unless otherwise502readopted.503 (2) In consultation with the state agencies, the department 504 shall develop uniform personnel rules, guidelines, records, and 505 reports relating to employees in the State Personnel System. The 506 department may adopt rules that provide alternative 507 requirements. 508 (3) Upon adoption, the uniform personnel rules constitute 509 the personnel rules for each state agency. 510 (a) Each agency must comply with the uniform rules unless: 511 1. The Administration Commission has granted an exception 512 to a specific rule. An agency may request an exception to the 513 uniform personnel rules by filing a petition with the 514 commission. The commission shall approve an exception if the 515 exception is necessary to conform to any requirement imposed as 516 a condition precedent to receipt of federal funds or to permit 517 persons in this state to receive tax benefits under federal law, 518 or if required for the most efficient operation of the agency as 519 determined by the commission. The reasons for the exception must 520 be published in the Florida Administrative Weekly. Agency rules 521 that provide exceptions to the uniform rules may not be adopted 522 unless approved by the commission. 523 2. The agency must comply with a statutory provision that 524 conflicts with the uniform rules. In such case, the agency shall 525 notify the department, the Administration Commission, the 526 Administrative Procedures Committee, and the appropriate 527 standing committees of the Legislature and advise the standing 528 committees if the agency recommends revision of the statute to 529 conform it to the uniform rules. Agencies are encouraged to 530 propose methods for conforming statutory provisions to the 531 uniform rules. 532 (b) An agency that adopts rules that provide an exception 533 to the uniform rules or that comply with statutory requirements 534 that conflict with the uniform rules must have a separate 535 chapter published in the Florida Administrative Code. The 536 chapter must clearly delineate the provisions of the agency’s 537 rules which provide an exception or which are based on a 538 conflicting statutory requirement. Each alternative chosen from 539 those authorized by the uniform rules must be specified. Each 540 chapter must be organized in the same manner as the uniform 541 rules. 542 (c) Any rule adopted by an agency which is an exception to 543 the uniform rules or which is based upon a conflicting statutory 544 provision may not prescribe personnel policies inconsistent with 545 the provisions of this chapter. Such rules may not include any 546 benefits for State Personnel System employees which are in 547 addition to, or exceed, those authorized by this chapter, and 548 must comply with all federal regulations necessary to allow the 549 agency to receive federal funds. 550 (4) The department may develop uniform forms and 551 instructions relating to personnel transactions as the 552 department determines necessary. 553 (5) The agency is responsible for maintaining up-to-date 554 personnel records and reports in accordance with applicable 555 rules and laws. 556 Section 6. Section 110.1056, Florida Statutes, is created 557 to read: 558 110.1056 Agency audits.—The department may periodically 559 audit agency records to determine compliance with this chapter 560 and department rules. 561 Section 7. Section 110.405, Florida Statutes, is 562 transferred, renumbered as section 110.106, Florida Statutes, 563 and amended to read: 564 110.106110.405Advisory committees.—The secretaryof565Management Servicesmay at any time appoint an ad hoc or 566 continuing advisory committee consisting of members of the 567 Senior Management Service or other persons knowledgeable in the 568 field of personnel management. Advisory committeesAny Such569committeeshallconsist of not more than nine members, whoshall 570 serve at the pleasure of and meet at the call of the secretary 571 and, at the request of the secretary, provide consultation and 572 advice, toadvise and consult with the secretaryonsuchmatters 573 affecting the State Personnel SystemSenior Management Service574as the secretary requests. Members shall serve without 575 compensation, but areshall beentitled toreceivereimbursement 576 for travel expenses as provided in s. 112.061. The secretary may 577 periodically hire a consultant who haswithexpertise in 578 personnel administrationmanagementto advise him or her with 579 respect to the administration of the State Personnel System 580Senior Management Service. 581 Section 8. Section 110.1065, Florida Statutes, is created 582 to read: 583 110.1065 General employment policies and requirements.— 584 (1) It is the policy of the State Personnel System: 585 (a) That all appointments, terminations, assignments, and 586 maintenance of status, compensation, privileges, and other terms 587 and conditions of employment in the State Personnel System be 588 made without regard to age, sex, race, color, religion, national 589 origin, political affiliation, marital status, disability, or 590 genetic information, unless a specific requirement constitutes a 591 bona fide occupational qualification. 592 (b) That sexual harassment is a form of discrimination and, 593 therefore, is prohibited and shall be defined in a manner 594 consistent with federal law. 595 (c) To support employees in balancing their personal needs 596 and work responsibilities. This policy is designed to enhance 597 the employee’s ability to blend the competing demands of work 598 and personal life and produce a more skilled, accountable, and 599 committed workforce for the State Personnel System. Provisions 600 may include, but need not be limited to, flexible work 601 schedules, telework, part-time employment, and leaves of absence 602 with or without pay. 603 (d) To adopt and comply with the federal Family and Medical 604 Leave Act, except for those provisions that do not specifically 605 apply to state government employers. With regard to those 606 provisions, the sovereign immunity of the state is not waived 607 and the rules of the department relating to leave control. 608 (2) Except as expressly provided by law, Florida residency 609 may not be required for any person as a condition precedent to 610 employment; however, preference in hiring may be given to state 611 residents. 612 (3) State agencies that use other personal services 613 employment must comply with s. 112.907. 614 (4) Employees of the State Personnel System may be 615 furloughed pursuant to s. 112.920. 616 (5) This chapter may not be construed to infringe upon or 617 supersede the rights guaranteed public employees under chapter 618 447. 619 (6) The department may adopt rules necessary to administer 620 this section. 621 (7) The provisions of parts IX and XI of chapter 112 are 622 applicable to the State Personnel System. The department may 623 adopt rules necessary to administer those sections. 624 Section 9. Section 110.233, Florida Statutes, is 625 transferred, renumbered as section 110.1075, Florida Statutes, 626 and amended to read: 627 110.1075110.233Political activities and unlawful acts 628 prohibited.— 629 (1) No person shall be appointed to, demoted, or dismissed 630 from any position in the CivilcareerService, or in any way 631 favored or discriminated against with respect to employment in 632 the CivilcareerService, because ofrace, color, national633origin, sex, handicap, religious creed, orpolitical opinion or 634 affiliation. 635 (2) No person mayshalluse or promise to use, directly or 636 indirectly, any official authority or influence, whether 637 possessed or anticipated, to secure or attempt to secure for any 638 person an appointment or advantage in appointment to a position 639 in the CivilcareerService, or an increase in pay or other 640 advantage in employment in any such position, for the purpose of 641 influencing the vote or political action of any person or for 642 any consideration.;However, letters of inquiry, 643 recommendations, and references by public employees or public 644 officials areshallnotbeconsidered political pressure unless 645 they containanysuch lettercontainsa threat, intimidation, or 646 irrelevant, derogatory, or false information. For the purposes 647 of this section, the term “political pressure,” in addition to 648 any appropriate meaning thatwhichmay be ascribedtheretoby 649 lawful authority, includes the use of official authority or 650 influence in any manner prohibited by this chapter. 651 (3) No person mayshall, directly or indirectly, give, 652 render, pay, offer, solicit, or accept any money, service, or 653 other valuable consideration for or on account of any 654 appointment, proposed appointment, promotion or proposed 655 promotion to, or any advantage in, a position in the Civil 656careerService.The provisions ofThis subsection doesdonot 657 apply to a private employment agency iflicensed pursuant to the658provisions of chapter 449 whenthe services of thesuchprivate 659 employment agency are requested by a state agency, board,660department, or commissionand neither the state nor any 661 political subdivision pays the private employment agency for 662 such services. 663 (4) As an individual, each employee retains all rights and 664 obligations of citizenship provided in the Constitution and laws 665 of the state and the Constitution and laws of the United States. 666 However, annoemployee in the CivilcareerService may not 667shall: 668 (a) Hold, or be a candidate for, public office while in the 669 employment of the state or take ananyactive part in a 670 political campaign while on duty or within any period of time 671 during which the employee is expected to perform services for 672 which he or she receives compensation from the state. However, 673 ifwhenauthorized by his or her agency head and approved by the 674 department as not involving annointerest thatwhichconflicts 675 or activity thatwhichinterferes with his or her state 676 employment, an employee in the CivilcareerService may be a 677 candidate for or hold local public office. The department shall 678 prepare and make available to all affected personnel who make 679 such request a definite set of rules and procedures consistent 680 with this paragraphthe provisions herein. 681 (b) Use the authority of his or her position to secure 682 support for, or oppose, any candidate, party, or issue in a 683 partisan election or affect the results thereof. 684 (5) No State Personnel System employee or official may 685shalluse any promise of reward or threat of loss to encourage 686 or coerce any employee to support or contribute to any political 687 issue, candidate, or party. 688 (6) The department shall adopt by rule procedures for State 689 PersonnelCareer ServiceSystem employees whichthatrequire 690 disclosure to the agency head of any application for or offer of 691 employment, gift, contractual relationship, or financial 692 interest with any individual, partnership, association, 693 corporation, utility, or other organization,whetherpublic or 694 private, doing business with or subject to regulation by the 695 agency. 696 (7) The department may adopt rules to administer this 697 section. 698 Section 10. Section 110.1099, Florida Statutes, is amended 699 to read: 700 110.1099 Elective education and professional development 701and trainingopportunities forstateemployees.— 702 (1) The education and professional development of employees 703trainingareanintegral componentscomponentin improving the 704 delivery of services to the public. Recognizing that the 705 application of productivity-enhancing technology and practice 706 demands continuous educational and professional development 707trainingopportunities, ana stateemployee maybe authorized to708 receive a voucher,orgrant, or tuition reimbursement for 709 matriculation fees,to attend work-related courses at public 710 community colleges, public career centers,orpublic 711 universities, or other accredited postsecondary educational 712 institutions.The department may implement the provisions of713this section from funds appropriated to the department for this714purpose. In the event insufficient funds are appropriated to the715department,Each state agency maysupplement these funds to716 support the educational and professional developmenttraining717and educationneeds of its employees from funds appropriated to 718 the agency. 719(2)The department, in conjunction with the agencies, shall720request that public universities provide evening and weekend721programs for state employees. When evening and weekend training722and educational programs are not available, an employee may be723authorized to take paid time off during his or her regular724working hours for training and career development, as provided725in s.110.105(1), if such training benefits the employer as726determined by that employee’s agency head.727 (2)(3)An employee who exhibits superior aptitude and 728 performance may be authorized by his or herthat employee’s729 agency head to take a paid educational leave of absence for up 730 to 1 academic year at a time, for specific approved work-related 731 education and professional developmenttraining. TheThat732 employee must enter into a contract to return to the agency 733 granting the leavestate employmentfor a period of time equal 734 to the length of the leave of absence or refund the salary and 735 benefits paid during thehis or her educationalleave of 736 absence. 737 (3)(4)As a precondition to approving an employee’s 738trainingrequest for an educational, professional development, 739 or training program, an agencyor the judicial branchmay 740 require theanemployee to enter into an agreement which 741 provides that, if the employee voluntarily terminates employment 742 or is dismissed from the agency within a specified period of 743 time, not to exceed 2 years after the conclusion of the program, 744requiresthe employee musttoreimburse the agencyor judicial745branchfor up to the total cost of fees and associated expenses 746 for the program ifthe registration fee or similar expense for747any training or training series whenthe total cost of the fee 748 or similar expense exceeds $1,000if the employee voluntarily749terminates employment or is discharged for cause from the agency750or judicial branch within a specified period of time not to751exceed 4 years after the conclusion of the training. This 752 subsection does not apply to anytrainingprogram or course that 753 an agencyor the judicial branchrequires an employee to attend. 754 An agencyor the judicial branchmay pay the outstanding balance 755 then due and owing on behalf of ana stateemployee under this 756 subsection in connection with the recruitment and hiring of such 757stateemployee. 758 (4)(5)The department mayof Management Services, in759consultation with the agencies and, to the extent applicable,760with Florida’s public community colleges, public career centers,761and public universities, shalladopt rules to administer this 762 section. 763 Section 11. Section 110.235, Florida Statutes, is 764 transferred, renumbered as section 110.1115, Florida Statutes, 765 and amended to read: 766 110.1115110.235Training and professional development of 767 employees.— 768 (1) State agencies shall implement training and 769 professional development programs that encompass modern 770 management principles,and that provide the framework to develop 771 human resources,through empowerment, training, and rewards for772productivity enhancement;to continuously improve the quality of 773 services,;and to satisfy the expectations of the public. 774 (2) Each stateemployingagency shall provide the 775 department with training information as requested for the 776 purpose of analyzing statewide training needsannually evaluate777and report to the department the training it has implemented and778the progress it has made in the area of training. 779 (3)As approved by the Legislature by law,Each state 780employingagency may use a portionspecified percentageof its 781 salary budget to implement training programs. 782 (4) In order to promote the development of managerial, 783 executive, or administrative skills among employees, each agency 784 may establish and administer a training program that may 785 include, but need not be limited to: 786 (a) Improving the performance of individuals and groups of 787 employees. 788 (b) Relating the efforts of employees to the goals of the 789 organization. 790 (c) Strategic planning. 791 (d) Team leadership. 792 (5) The department is responsible for ensuring that 793 appropriate state agency personnel are adequately trained in the 794 proper administration of state personnel system policies and 795 procedures, compliance with all applicable federal and state 796 workforce regulations, and the promotion of efficient and 797 equitable employment practices. The department may host 798 workshops, conferences, and other professional development 799 activities that focus on the training needs of agency staff who 800 are responsible for human resource management, training and 801 development, and benefits administration. 802 (a) The department may coordinate with the appropriate 803 business units of the state universities or community colleges 804 for the purpose of sponsoring conferences and expositions that 805 provide continuing professional development to the agencies in 806 the areas of human resource management, payroll and benefits 807 administration, and other topics critical to the proper 808 administration of the state workforce. 809 (b) For the purposes of leveraging resources and promoting 810 best practices, the department may open such conferences to all 811 state and local public employers who have shared interests in 812 public-sector human resource management and related topics. 813 (6) The department may adopt rules necessary to administer 814 this section. 815 Section 12. Section 110.112, Florida Statutes, is amended 816 to read: 817 110.112Affirmative action;Equal employment opportunity.— 818 (1) It isshall bethe policy of the State Personnel System 819 to assist in ensuringproviding the assurance ofequal 820 employment opportunity through programs of affirmative and 821 positive action thatwillallow full utilization of women and 822 minorities. 823 (2)(a)The head of each stateexecutiveagency shall 824 develop and implement an affirmative action plan in accordance 825 with this section and applicable state and federal lawsrules826adopted by the department and approved by a majority vote of the827Administration Commission before their adoption. 828 (a)(b)Eachexecutiveagency shall establish annual goals 829 for ensuring the full utilization of groups underrepresented in 830 its workforce as compared to the relevant labor market, as 831 defined by the agency. Eachexecutiveagency shall design its 832 affirmative action plan to meet its established goals. 833 (b)(c)An equalaffirmative action-equalemployment 834 opportunity officer shall be appointed by the head of each 835executiveagency.The affirmative action-equal employment836opportunity officer’s responsibilities must include determining837annual goals, monitoring agency compliance, and providing838consultation to managers regarding progress, deficiencies, and839appropriate corrective action.840 (c)(d)The department shall report information in its 841 annual workforce report relating to the demographic composition 842 of the workforce of the State Personnel System as compared to 843 the relevant state labor marketthe implementation, continuance,844updating, and results of each executive agency’s affirmative845action planfor the previous fiscal year. The agencies shall 846 provide the department with the information necessary to comply 847 with this provision. 848(e)The department shall provide to all supervisory849personnel of the executive agencies training in the principles850of equal employment opportunity and affirmative action, the851development and implementation of affirmative action plans, and852the establishment of annual affirmative action goals. The853department may contract for training services, and each854participating agency shall reimburse the department for costs855incurred through such contract. After the department approves856the contents of the training program for the agencies, the857department may delegate this training to the executive agencies.858(3)Each state attorney and public defender shall:859(a)Develop and implement an affirmative action plan.860(b)Establish annual goals for ensuring full utilization of861groups underrepresented in its workforce as compared to the862relevant labor market in this state. The state attorneys’ and863public defenders’ affirmative action plans must be designed to864meet the established goals.865(c)Appoint an affirmative action-equal employment866opportunity officer.867(d)Report annually to the Justice Administrative868Commission on the implementation, continuance, updating, and869results of his or her affirmative action program for the870previous fiscal year.871 (3)(4)EachThestate agency, its agencies and officers872 shall ensure freedom from discrimination in employment in 873 accordance with applicable state and federal lawsas provided by874the Florida Civil Rights Act of 1992, by s.112.044, and by this875chapter. 876 (4) All recruitment literature that references State 877 Personnel System position vacancies must contain the phrase “An 878 Equal Opportunity Employer.” 879 (5) AnAnyindividual claiming to be aggrieved by an 880 unlawful employment practice may file a complaint with the 881 Florida Commission on Human Relations as provided by s. 760.11. 882 (6) The department may adopt rules necessary to administer 883shall review and monitor executive agency actions in carrying884out the rules adopted by the department pursuant tothis 885 section. 886 Section 13. Section 110.1135, Florida Statutes, is created 887 to read: 888 110.1135 Attendance and leave records.—Each state agency 889 shall keep an accurate record of all hours of work performed by 890 each employee, as well as a complete and accurate record of all 891 authorized leave. The ultimate responsibility for the accuracy 892 and proper maintenance of all attendance and leave records is 893 with the agency head. 894 Section 14. Section 110.116, Florida Statutes, is amended 895 to read: 896 110.116 Human resource informationPersonnel information897 system; payroll procedures.— 898 (1) The departmentof Management Servicesshall establish 899 and maintain, in coordination with the payroll system of the 900 Department of Financial Services, a complete human resource 901personnelinformation system for all authorized and established 902 positions in the State Personnel Systemservice, with the903exception of employees of the Legislature, unless the904Legislature chooses to participate. The department may contract 905 with a vendor to provide the human resourcepersonnel906 information system. The specifications shall be developed in 907 conjunction with the payroll system of the Department of 908 Financial Services and in coordination with the Auditor General. 909 The Department of Financial Services shall determine that the 910 position occupied by each employee has been authorized and 911 established in accordance withthe provisions ofs. 216.251. The 912 human resource information system must includeDepartment of913Management Services shall develop and maintaina position 914 numbering system that identifieswill identifyeach established 915 position, and such information shall be a part of the payroll 916 system of the Department of Financial Services. TheWith the917exception of employees of the Legislature, unless the918Legislature chooses to participate, thissystem mustshall919 include all civilcareerservice positions and those positions 920 exempted from the CivilcareerServiceprovisions, 921 notwithstanding the funding source of the salary payments, and 922 information regarding persons receiving salary payments from 923 other sources. Necessary revisions shall be made in the 924 personnel and payroll procedures of the state to avoid 925 duplication insofar as is feasible to do so. The information in 926 the system mustA list shallbe organized by budget entity to 927 show the employees or vacant positions within each budget 928 entity. The informationThis listshall be made available to the 929 Speaker of the House of Representatives and the President of the 930 Senate upon request. 931 (2) The department may adopt rules necessary to administer 932 this section. 933 Section 15. Section 110.1245, Florida Statutes, is amended 934 to read: 935 110.1245Savings sharing program;Bonus payments; other 936 awards.— 937(1)(a)The Department of Management Services shall adopt938rules that prescribe procedures and promote a savings sharing939program for an individual or group of employees who propose940procedures or ideas that are adopted and that result in941eliminating or reducing state expenditures, if such proposals942are placed in effect and may be implemented under current943statutory authority.944(b)Each agency head shall recommend employees individually945or by group to be awarded an amount of money, which amount shall946be directly related to the cost savings realized. Each proposed947award and amount of money must be approved by the Legislative948Budget Commission.949(c)Each state agency, unless otherwise provided by law,950may participate in the program. The Chief Justice shall have the951authority to establish a savings sharing program for employees952of the judicial branch within the parameters established in this953section. The program shall apply to all employees within the954Career Service, the Selected Exempt Service, and comparable955employees within the judicial branch.956(d)The department and the judicial branch shall submit957annually to the President of the Senate and the Speaker of the958House of Representatives information that outlines each agency’s959level of participation in the savings sharing program. The960information shall include, but is not limited to:9611.The number of proposals made.9622.The number of dollars and awards made to employees or963groups for adopted proposals.9643.The actual cost savings realized as a result of965implementing employee or group proposals.966 (1)(2)State agencies may payIn June of each year,bonuses 967shall be paidto employees from funds authorized by the 968 Legislature in an appropriation specifically for bonuses. 969 Bonuses shall be distributed in accordance with the criteria and 970 instructions provided in the General Appropriations Act.Each971agency shall develop a plan for awarding lump-sum bonuses, which972plan shall be submitted no later than September 15 of each year973and approved by the Office of Policy and Budget in the Executive974Office of the Governor. Such plan shall include, at a minimum,975but is not limited to:976(a)A statement that bonuses are subject to specific977appropriation by the Legislature.978(b)Eligibility criteria as follows:9791.The employee must have been employed prior to July 1 of980that fiscal year and have been continuously employed through the981date of distribution.9822.The employee must not have been on leave without pay983consecutively for more than 6 months during the fiscal year.9843.The employee must have had no sustained disciplinary985action during the period beginning July 1 through the date the986bonus checks are distributed. Disciplinary actions include987written reprimands, suspensions, dismissals, and involuntary or988voluntary demotions that were associated with a disciplinary989action.9904.The employee must have demonstrated a commitment to the991agency mission by reducing the burden on those served,992continually improving the way business is conducted, producing993results in the form of increased outputs, and working to improve994processes.9955.The employee must have demonstrated initiative in work996and have exceeded normal job expectations.9976.The employee must have modeled the way for others by998displaying agency values of fairness, cooperation, respect,999commitment, honesty, excellence, and teamwork.1000(c)A periodic evaluation process of the employee’s1001performance.1002(d)A process for peer input that is fair, respectful of1003employees, and affects the outcome of the bonus distribution.1004(e)A division of the agency by work unit for purposes of1005peer input and bonus distribution.1006(f)A limitation on bonus distributions equal to 35 percent1007of the agency’s total authorized positions. This requirement may1008be waived by the Office of Policy and Budget in the Executive1009Office of the Governor upon a showing of exceptional1010circumstances.1011 (2)(3)Consistent with the requirements of s. 215.425(3), 1012 and limited to the funds provided in the agency’s approved 1013 operating budget for salaries and benefits, each agency head may 1014 provide bonus awards todepartment head is authorized to incur1015expenditures to award suitable framed certificates, pins, and1016other tokens of recognition to retiring stateemployees based on 1017 exemplary performance orwhose service with the state has been1018satisfactory,in appreciation of their role in the achievement 1019 of the agency’s mission, values, or goalsand recognition of1020such service. 1021 (a) Each awardSuch awardsmay not exceed more than $1,000 1022cost in excessof $100 eachplus applicable taxes. No employee 1023 may receive awards totaling more than $1,000 plus applicable 1024 taxes per fiscal year. 1025 (b) By September 1, agencies shall report to the Governor, 1026 the President of the Senate, and the Speaker of the House of 1027 Representatives the dollar value and number of such cash awards 1028 given in the previous fiscal year. 1029 (3)(4)Each agencydepartmenthead mayis authorized to1030 incur expenditures to award suitable framed certificates, pins, 1031 andorother noncash tokens of recognition. Each tokento state1032employees who demonstrate satisfactory service in the agency or1033to the state, in appreciation and recognition of such service.1034Such awardsmay not cost more than $150in excessof $100 each1035 plus applicable taxes. Such tokens may be awarded to: 1036 (a) Current employees, in appreciation and recognition of 1037 their service to the state. 1038 (b) Retiring employees, in appreciation and recognition of 1039 their service to the state. 1040 (c) An appointed member of a state board or commission, in 1041 appreciation and recognition of his or her service to the state 1042 upon the expiration of the member’s final term in such position. 1043 (4) The department may adopt rules necessary to administer 1044 this section. 1045(5)Each department head is authorized to incur1046expenditures not to exceed $100 each plus applicable taxes for1047suitable framed certificates, plaques, or other tokens of1048recognition to any appointed member of a state board or1049commission whose service to the state has been satisfactory, in1050appreciation and recognition of such service upon the expiration1051of such board or commission member’s final term in such1052position.1053 Section 16. Section 110.125, Florida Statutes, is amended 1054 to read: 1055 110.125 Administrative costs.— 1056 (1) The administrative expenses and costs of operating the 1057 State Personnel Systemprogramestablished by this chapter shall 1058 be paid by the statevariousagenciesof the state government, 1059 and each such agency shall include in its budget estimates its 1060 pro rata share of such cost as determined by the departmentof1061Management Services. 1062 (a) To establish an equitable division ofthecosts, the 1063 amount to be paid by each agency shall be based on the number of 1064 authorized full-time equivalent positions appropriated to the 1065 agency, the average number of other personal services employees 1066 paid by the agency, and the total administrative expenses and 1067 costs of operating the State Personnel Systemdetermined in such1068proportion as the service rendered to each agency bears to the1069total service rendered under the provisions of this chapter.The1070amounts paid to the Department of Management Services which are1071attributable to positions within the Senior Management Service1072and the Selected Professional Service shall be used for the1073administration of such services, training activities for1074positions within those services, and the development and1075implementation of a database of pertinent historical information1076on exempt positions.1077 (b) If aShould anystate agency isbecomemore than 90 1078 days delinquent in payingpayment ofthis obligation, the 1079 department shall certify to the Chief Financial Officer the 1080 amount due and the Chief Financial Officer shall transfer that 1081theamountdue to the departmentfrom any available debtor 1082 agency fundsavailable. 1083 (2) A governmental entity outside the State Personnel 1084 System which, by mutual agreement between the department and the 1085 entity, receives or uses services of more than a de minimis 1086 value from the personnel system shall pay the department for the 1087 administrative expenses and costs associated with those services 1088 as determined by the department. Each such entity shall include 1089 such cost in its budget estimates. If a governmental entity 1090 become more than 90 days delinquent in paying this obligation, 1091 the department shall certify to the Chief Financial Officer the 1092 amount due and the Chief Financial Officer shall transfer that 1093 amount from any available debtor entity funds. 1094 (3) The department may adopt rules necessary to administer 1095 this section. 1096 Section 17. Section 110.126, Florida Statutes, is amended 1097 to read: 1098 110.126 Oaths, testimony, records; penalties.— 1099 (1) The department mayshall have power toadminister 1100 oaths, subpoena witnesses, and compel the production of books, 1101andpapers, or other records, in written or electronic form, 1102 relevantpertinentto any investigation of personnel practices 1103 or hearing authorized by this chapter. Any person who fails 1104shall failto appear in response to a subpoena or to answer any 1105 question or produce any books or papers relevantpertinentto 1106anysuch investigation or hearing or whoshallknowingly gives 1107givefalse testimony commitstherein shall be guilty ofa 1108 misdemeanor of the first degree, punishable as provided in s. 1109 775.082 or s. 775.083. 1110 (2) The department may adopt rules necessary to administer 1111 this section. 1112 Section 18. Section 110.127, Florida Statutes, is amended 1113 to read: 1114 110.127 Penalties.— 1115 (1) Any person who willfully violates any provision of this 1116 chapter orof anyrules adopted pursuant to this chapter commits 1117the authority herein granted is guilty ofa misdemeanor of the 1118 second degree, punishable as provided in s. 775.082 or s. 1119 775.083. 1120 (2)The provisions of s.112.011to the contrary1121 Notwithstanding s. 112.011, any person who is convicted of a 1122 misdemeanor under this chapter isshall be, for a period of 51123years,ineligible for appointment to or employment in a state 1124 position for 5 yearsin the state serviceand, if an employee of 1125 the state, shall forfeit his or her position. 1126 (3) Imposition of the penalties provided in this section 1127 mayshallnot be in lieu of any action thatwhichmay be taken 1128 or penalties thatwhichmay be imposed pursuant to part III of 1129 chapter 112. 1130 (4) The department may adopt rules necessary to administer 1131 this section. 1132 Section 19. Section 110.2037, Florida Statutes, is 1133 transferred, renumbered as section 110.182, Florida Statutes, 1134 and amended to read: 1135 110.182110.2037Alternative benefits;Tax-sheltered annual 1136 leave and sick leave payments and special compensation 1137 payments.— 1138 (1) The department mayof Management Services has authority1139toadopt tax-sheltered plans under s. 401(a) of the Internal 1140 Revenue Code forstateemployees who are eligible for payment 1141 for accumulated leave.The department,Upon adoption of the 1142 plans, the department shall contract for a private vendor or 1143 vendors to administer the plans. 1144 (a) These plans areshall belimited tostateemployees who 1145 are over age 55 and who are:eligible for accumulated leave and 1146 special compensation payments and separating from employment 1147 with 10 years of service in accordance with the Internal Revenue 1148 Code, or who are participating in the Deferred Retirement Option 1149 Program on or after July 1, 2001. 1150 (b) The plans must provide benefits in a manner that 1151 minimizes the tax liability of the state and participants. 1152 (c) The plans must be funded by employer contributions of 1153 payments for accumulated leave or special compensation payments, 1154 or both, as specified by the department. 1155 (d) The plans must have received all necessary federal and 1156 state approval as required by law, must not adversely impact the 1157 qualified status of the Florida Retirement System defined 1158 benefit or defined contribution plans or the pretax benefits 1159 program, and must comply withthe provisions ofs. 112.65. 1160 Adoption of any plan is contingent on: the department receiving 1161 appropriate favorable rulings from the Internal Revenue Service; 1162 the department negotiating under the provisions of chapter 447, 1163 where applicable; and the Chief Financial Officer making 1164 appropriate changes to the state payroll system. 1165 (e) The department’s request for proposals by vendors for 1166 such plans may require thatthevendors provide market-risk or 1167 volatility ratings from recognized rating agencies for each of 1168 their investment products. 1169 (f) The department shall providefora system of continuous 1170 quality assurance oversight to ensure that the program 1171 objectives are achieved and that the program is prudently 1172 managed. 1173 (2) Within 30 days after termination of employment, an 1174 employee mayelect towithdraw the moneys and nowithoutpenalty 1175 may be assessed by the plan administrator. If ananyemployee is 1176 adversely affected by payment of an excise tax or anany1177 Internal Revenue Service penalty by withdrawingelecting to1178withdrawfunds within 30 days, the plan mustshallinclude a 1179 provision that provideswhich will providethe employee with no 1180 less cash than if the employee had not participated in the plan. 1181 (3) These contracts may be used by any other pay plans or 1182 personnel systems in the executive, legislative, or judicial 1183 branches of government upon approval of the appropriate 1184 administrative authority. 1185 (4) Notwithstanding the terminal pay provisions of s. 1186 112.913110.122, the department may contract for a tax-sheltered 1187 plan for leave and special compensation pay for employees who 1188 are terminating over age 55 and havewith10 years of service, 1189 and for employees participating in the Deferred Retirement 1190 Option Program on or after July 1, 2001,andwho are over age 1191 55. The frequency of payments into the plan shall be determined 1192 by the department or as provided in the General Appropriations 1193 Act. This plan mustor plans shallprovide the greatest tax 1194 benefits to the employees and maximize the savings to the state. 1195 (5) The department shall determine by rule the design of 1196 the plans and the eligibility of participants. 1197 (6)Nothing inThis section does notshall be construed to1198 remove plan participants from the scope of s. 112.913(5) 1199110.122(5). 1200 (7) The department may adopt rules necessary to administer 1201 this section. 1202 Section 20. Section 110.183, Florida Statutes, is created 1203 to read: 1204 110.183 Collective bargaining.—The department shall 1205 coordinate with the Governor and the state agencies on personnel 1206 matters falling within the scope of collective bargaining and 1207 shall represent the Governor in collective bargaining 1208 negotiations and other collective bargaining matters as 1209 necessary. All discussions relative to collective bargaining 1210 between the department and the Governor, between the department 1211 and the agency heads, or between any of their respective 1212 representatives, are exempt from s. 286.011, and all work 1213 products relative to collective bargaining developed in 1214 conjunction with such discussions are confidential and exempt 1215 from s. 119.07(1). 1216 Section 21. Section 110.184, Florida Statutes, is created 1217 to read: 1218 110.184 Workforce report.—The department shall prepare a 1219 workforce report on human resources in the State Personnel 1220 System. The report shall provide data and identify trends for 1221 planning and improving the management of the State Personnel 1222 System. The department shall annually submit the report to the 1223 Governor, the President of the Senate, and the Speaker of the 1224 House of Representatives. 1225 Section 22. The Division of Statutory Revision is requested 1226 to rename part II of chapter 110, Florida Statutes, as “Civil 1227 Service.” 1228 Section 23. Section 110.202, Florida Statutes, is created 1229 to read: 1230 110.202 Declaration of policy.—This part creates the Civil 1231 Service System within the State Personnel System as required by 1232 s. 14, Art. III of the State Constitution. 1233 Section 24. Section 110.205, Florida Statutes, is amended 1234 to read: 1235 110.205 CivilCareerService; exemptions.— 1236 (1) CIVIL SERVICECAREERPOSITIONS.—The Civilcareer1237 Serviceto which this part appliesincludes all positions within 1238 the State Personnel System not specifically exempted by this 1239 sectionpart, notwithstanding any other provisions of lawthe1240Florida Statutes to the contrary notwithstanding. 1241 (2) EXEMPT POSITIONS.—Theexempt positions that are not1242covered by this part include thefollowing positions are 1243 exempted from the Civil Service: 1244 (a) Elected officers.—All officers of the executive branch 1245 elected by popular vote and persons appointed to fill vacancies 1246 in such offices. Unless otherwise fixed by law, the salary and 1247 benefits for anany suchofficer who serves as the head of an 1248 agencya departmentshall be set by the Department of Management 1249 Services in accordance with the rules of the Senior Management 1250 Service. 1251 (b) Legislative branch.—All members, officers, and 1252 employees of the legislative branch, except for the members, 1253 officers, and employees of the Florida Public Service 1254 Commission. 1255 (c) Judicial branch.—All members, officers, and employees 1256 of the judicial branch. 1257 (d) State universities.—All officers and employees of the 1258 state universitiesand the academic personnel and academic1259administrative personnel of the Florida School for the Deaf and1260the Blind.In accordance with the provisions of s.1002.36, the1261salaries for academic personnel and academic administrative1262personnel of the Florida School for the Deaf and the Blind shall1263be set by the board of trustees for the school, subject only to1264the approval of the State Board of Education.1265(e)The Chief Information Officer in the Agency for1266Enterprise Information Technology. Unless otherwise fixed by1267law, the Agency for Enterprise Information Technology shall set1268the salary and benefits of this position in accordance with the1269rules of the Senior Management Service.1270 (e)(f)Members of boards and commissions.—All members of 1271 state boards and commissions, however selected. Unless otherwise 1272 fixed by law, the salary and benefits for any full-time board or 1273 commission member shall be set by the Department of Management 1274 Services in accordance with the rules of the Senior Management 1275 Service. 1276(g)Judges, referees, and receivers.1277(h)Patients or inmates in state institutions.1278 (f)(i)Time-limited positions.—All positions that are 1279 established for a limited period of time for the purpose of 1280 conducting a special study, project, or investigation and any 1281 person paid from an other-personal-services appropriation. 1282 Unless otherwise fixed by law, the salaries for such positions 1283 and persons shall be set in accordance with rules established by 1284 the employing agency for other-personal-services payments 1285 pursuant to s. 112.907110.131. 1286 (g)(j)Executive-level positions.—The appointed secretaries 1287 and the State Surgeon General, assistant secretaries, deputy 1288 secretaries, and deputy assistant secretaries of all agencies 1289departments; the executive directors, assistant executive 1290 directors, deputy executive directors, and deputy assistant 1291 executive directors of all agenciesdepartments; the directors 1292 of all divisions and those positions determined by the 1293 Department of Management Services to have managerial 1294 responsibilities comparable to such positions, includingwhich1295positions include, butarenot limited to, program directors, 1296 assistant program directors, district administrators, deputy 1297 district administrators, general counsels, chief cabinet aides, 1298 public information administrators or comparable position for a 1299 cabinet officer, inspectors general, or legislative affairs 1300 directorsthe Director of Central Operations Services of the1301Department of Children and Family Services, the State 1302 Transportation Development Administrator, State Public 1303 Transportation and Modal Administrator, district secretaries, 1304 district directors of transportation development, transportation 1305 operations, transportation support,andthe managers of the 1306 Department of Transportation offices specified in s. 1307 20.23(4)(b), the county health department directors and county 1308 health department administrators of the Department of Health, 1309 and the one additional position that may be designated by each 1310 agency and that reports directly to the agency head or to a 1311 position in the Senior Management Service and whose additional 1312 costs are absorbed from the existing budget of that agencyof1313the Department of Transportation. Unless otherwise fixed by law, 1314 the Department of Management Services shall set the salary and 1315 benefits of these positions in accordance with the rules of the 1316 Senior Management Service; and the county health department1317directors and county health department administrators of the1318Department of Health. 1319(k)The personal secretary to the incumbent of each1320position exempted in paragraphs (a), (e), and (j). Unless1321otherwise fixed by law, the department shall set the salary and1322benefits of these positions in accordance with the rules of the1323Selected Exempt Service.1324 (h)(l)Executive Office of the Governor.—All officers and 1325 employees in the office of the Governor, including all employees 1326 at the Governor’s mansion, and employees within each separate 1327 budget entity, as defined in chapter 216, assigned to the 1328 Governor. Unless otherwise fixed by law, the salary and benefits 1329 of these positions shall be set by the Department of Management 1330 Services as follows: 1331 1. The chief of staff, the assistant or deputy chief of 1332 staff, general counsel, Director of Legislative Affairs, chief 1333 inspector general, Director of Cabinet Affairs, Director of 1334 Press Relations, Director of Planning and Budgeting, Director of 1335 Administration, director of state-federal relations, Director of 1336 Appointments, Director of External Affairs, Deputy General 1337 Counsel, Governor’s liaison for community development, chief of 1338 staff for the Lieutenant Governor, deputy director of planning 1339 and budgeting, policy coordinators, and the director of each 1340 separate budget entity shall have their salaries and benefits 1341 setestablishedby the department in accordance with the rules 1342 of the Senior Management Service. 1343 2. The salaries and benefits of positions not established 1344 in subparagraph 1.sub-subparagraph a.shall be set by the 1345 employing agency. Salaries and benefits of employees whose 1346 professional training is comparable to that of licensed 1347 professionals under paragraph (n)(r), or whose administrative 1348 responsibility is comparable to a bureau chief shall be set by 1349 the rules of the Selected Exempt Service. The Department of 1350 Management Services shall make the comparability determinations. 1351 Other employees shall have benefits set comparable to 1352 legislative staff, except leave shall be comparable to civil 1353careerserviceas if career serviceemployees. 1354 (i)(m)Upper management positions.—All assistant division 1355 director, deputy division director, and bureau chief positions 1356 in any agencydepartment, and those positions determined by the 1357 Department of Management Services to have managerial 1358 responsibilities comparable to such positions. Unless otherwise 1359 fixed by law, the salaries of benefits of these positions shall 1360 be set by the Department of Management Services in accordance 1361 with the rules of the Selected Exempt Service. These positions,1362whichinclude, but are not limited to: 1363 1. Positions in the Department of Health and the Department 1364 of Children and Family Services whichthatare assigned primary 1365 duties of serving as the superintendent or assistant 1366 superintendent of an institution. 1367 2. Positions in the Department of Corrections whichthat1368 are assigned primary duties of serving as the warden, assistant 1369 warden, colonel, or major of an institution or whichthatare 1370 assigned primary duties of serving as the circuit administrator 1371 or deputy circuit administrator. 1372 3. Positions in the Department of Transportation whichthat1373 are assigned primary duties of serving as regional toll managers 1374 and managers of offices, as defined in s. 20.23(4)(b) and 1375 (5)(c). 1376 4. Positions in the Department of Environmental Protection 1377 whichthatare assigned the duty of an environmental 1378 administrator or program administrator. 1379 5. Positions in the Department of Health whichthatare 1380 assigned the duties of environmental administrator, assistant 1381 county health department director, and county health department 1382 financial administrator. 1383 6. Positions in the Department of Children and Family 1384 Services which are assigned the duties of staff director, 1385 assistant staff director, district program manager, district 1386 program coordinator, district administrator, district 1387 administrative services director, district attorney, and the 1388 deputy director of central operations services. 1389 1390Unless otherwise fixed by law, the department shall set the1391salary and benefits of the positions listed in this paragraph in1392accordance with the rules established for the Selected Exempt1393Service.1394 (j)(n)Other managerial or policymaking positions.— 1395 1.a.In addition to those positions exempted by other 1396 paragraphs of this subsection, each agencydepartmenthead may 1397 designate a maximum of 20 policymaking or managerial positions, 1398 as defined by the Department of Management Services and approved 1399 by the Administration Commission, as being exempt from the Civil 1400CareerServiceSystem. CivilCareerservice employees who occupy 1401 a position designated as a position in the Selected Exempt 1402 Service under this paragraph mayshall have the right toremain 1403 in the CivilCareerServiceSystemby opting to serve in a 1404 position not exempted by the employing agency. Unless otherwise 1405 fixed by law, the Department of Management Services shall set 1406 the salary and benefits of these positions in accordance with 1407 the rules of the Selected Exempt Service; provided, however,1408that if the agency head determines that the general counsel,1409chief Cabinet aide, public information administrator or1410comparable position for a Cabinet officer, inspector general, or1411legislative affairs director has both policymaking and1412managerial responsibilities and if the department determines1413that any such position has both policymaking and managerial1414responsibilities, the salary and benefits for each such position1415shall be established by the department in accordance with the1416rules of the Senior Management Service. 1417b.In addition, each department may designate one1418additional position in the Senior Management Service if that1419position reports directly to the agency head or to a position in1420the Senior Management Service and if any additional costs are1421absorbed from the existing budget of that department.1422 2. If otherwise exempt from the Civil Service, employees of 1423 the Public Employees Relations Commission, the Commission on 1424 Human Relations, and the Unemployment Appeals Commission, upon 1425 the certification of their respective commission heads, may, if 1426 otherwise qualified, be provided forunder this paragraphas 1427 members of the Senior Management Service, if otherwise1428qualified. However, the deputy general counsel of the Public 1429 Employees Relations Commission shall be compensated in 1430 accordance withas members ofthe Selected Exempt Service. 1431 (k) Specialized managerial positions.— 1432 1. The Department of Management Services shall set the 1433 salary and benefits for the following positions in accordance 1434 with the rules of the Selected Exempt Service. 1435 a. Pursuant to s. 447.203(4), managerial employees who 1436 perform jobs that are not of a routine, clerical, or ministerial 1437 nature and require the exercise of independent judgment in the 1438 performance of such jobs and to whom one or more of the 1439 following applies: formulate or assist in formulating policies 1440 applicable to bargaining unit employees; assist in the 1441 preparation for the conduct of collective bargaining 1442 negotiations; administer agreements resulting from collective 1443 bargaining negotiations; have a significant role in personnel 1444 administration; have a significant role in employee relations; 1445 or have a significant role in the preparation or administration 1446 of the final budget for any public agency or institution or 1447 subdivision including having the authority to select and approve 1448 among alternative expenditures when necessary. 1449 b. Pursuant to s. 447.203(5), employees who act in a 1450 confidential capacity to assist or aid managerial employees who 1451 are performing work and who have access to information that 1452 would provide an employee labor organization with an advantage 1453 at the bargaining table or in the administration of collective 1454 bargaining agreements. 1455 c. All supervisory employees, including supervisors, 1456 administrators and directors, who customarily and regularly plan 1457 and direct the work of two or more full-time employees or the 1458 equivalent, and who communicate with, motivate, train, and 1459 evaluate employees, and who have the authority to hire, 1460 transfer, suspend, layoff, recall, promote, discharge, assign, 1461 reward, or discipline subordinate employees or, effectively, to 1462 recommend such action. 1463 2. The exemptions provided in this paragraph are not 1464 applicable to the following: 1465 a. Managerial and supervisory employees who are designated 1466 as special risk or special risk administrative support; 1467 b. Attorneys who serve as administrative law judges 1468 pursuant to s. 120.65 or for hearings conducted pursuant to s. 1469 120.57(1)(a); and 1470 c. Professional health care providers as defined in s. 1471 110.1054, unless otherwise collectively bargained. 1472 (l)(o)Public Service Commission.—The executive director, 1473 deputy executive director, general counsel, inspector general, 1474 official reporters, and division directors within the Public 1475 Service Commission and the personal secretary and personal 1476 assistant to each member of the Public Service Commission. 1477 Unless otherwise fixed by law, the salary and benefits of the 1478 executive director, deputy executive directors, general counsel, 1479 inspector general, and the directors of all divisions and those 1480 positions determined to have managerial responsibilities 1481 comparable to such positionsDirector of Administration,1482Director of Appeals, Director of Auditing and Financial1483Analysis, Director of Communications, Director of Consumer1484Affairs, Director of Electric and Gas, Director of Information1485Processing, Director of Legal Services, Director of Records and1486Reporting, Director of Research, and Director of Water and Sewer1487 shall be setby the departmentin accordance with the rules of 1488 the Senior Management Service. The salary and benefits of the 1489 personal secretary and the personal assistant of each member of 1490 the commission and the official reporters shall be set by the 1491 Department of Management Services in accordance with the rules 1492 of the Selected Exempt Service, notwithstanding any salary1493limitations imposed by law for the official reporters. 1494 (m)(p)Department of Military Affairs.— 1495 1. All military personnel of the Department of Military 1496 Affairs. Unless otherwise fixed by law, the salary and benefits 1497 forsuchmilitary personnel shall be set by the Department of 1498 Military Affairs in accordance with the appropriate military pay 1499 schedule. 1500 2. The salary and benefits of military police chiefs, 1501 military police officers, firefighter trainers, firefighter 1502 rescuers, and electronic security system technicians shall be 1503have salary and benefitsthe same as civilcareerservice 1504 employees. 1505(q)The staff directors, assistant staff directors,1506district program managers, district program coordinators,1507district subdistrict administrators, district administrative1508services directors, district attorneys, and the Deputy Director1509of Central Operations Services of the Department of Children and1510Family Services. Unless otherwise fixed by law, the Department1511shall establish the pay band and benefits for these positions in1512accordance with the rules of the Selected Exempt Service.1513 (n)(r)Professional licensure.—All positions not otherwise 1514 exempt under this subsection which require as a prerequisite to 1515 employment: licensure as a physician pursuant to chapter 458;,1516 licensure as an osteopathic physician pursuant to chapter 459;,1517 licensure as a chiropractic physician pursuant to chapter 460, 1518 including those positions thatwhichare occupied by employees 1519 who are exempted from licensure pursuant to s. 409.352; 1520 licensure as an engineer pursuant to chapter 471, which are 1521 supervisory positions; or for 12 calendar months, which require 1522 as a prerequisite to employment that the employee have received 1523 the degree of Bachelor of Laws or Juris Doctor from a law school 1524 accredited by the American Bar Association and thereafter 1525 membership in The Florida Bar, except for any attorney who 1526 serves as an administrative law judge pursuant to s. 120.65 or 1527 for hearings conducted pursuant to s. 120.57(1)(a). Unless 1528 otherwise fixed by law, the Department of Management Services 1529 shall set the salary and benefits for these positions in 1530 accordance with the rules ofestablished forthe Selected Exempt 1531 Service. 1532 (o)(s)Statewide prosecutor.—The statewide prosecutor in 1533 charge of the Office of Statewide Prosecution of the Department 1534 of Legal Affairs and all employees in the office. The Department 1535 of Legal Affairs shall set the salary of these positions. 1536 (p)(t)Executive directors of regulatory boards and 1537 commissions.—The executive director of each board or commission 1538 established within the Department of Business and Professional 1539 Regulation or the Department of Health. Unless otherwise fixed 1540 by law, the Department of Management Services shall set 1541establishthe salary and benefits for these positions in 1542 accordance with the rules ofestablished forthe Selected Exempt 1543 Service. 1544 (q)(u)State Board of Administration.—All officers and 1545 employees of the State Board of Administration. The State Board 1546 of Administration shall set the salarysalariesand benefits of 1547 these positions. 1548(v)Positions that are leased pursuant to a state employee1549lease agreement expressly authorized by the Legislature pursuant1550to s.110.191.1551(w)Managerial employees, as defined in s.447.203(4),1552confidential employees, as defined in s.447.203(5), and1553supervisory employees who spend the majority of their time1554communicating with, motivating, training, and evaluating1555employees, and planning and directing employees’ work, and who1556have the authority to hire, transfer, suspend, lay off, recall,1557promote, discharge, assign, reward, or discipline subordinate1558employees or effectively recommend such action, including all1559employees serving as supervisors, administrators, and directors.1560Excluded are employees also designated as special risk or1561special risk administrative support and attorneys who serve as1562administrative law judges pursuant to s.120.65or for hearings1563conducted pursuant to s.120.57(1)(a). Additionally, registered1564nurses licensed under chapter 464, dentists licensed under1565chapter 466, psychologists licensed under chapter 490 or chapter1566491, nutritionists or dietitians licensed under part X of1567chapter 468, pharmacists licensed under chapter 465,1568psychological specialists licensed under chapter 491, physical1569therapists licensed under chapter 486, and speech therapists1570licensed under part I of chapter 468 are excluded, unless1571otherwise collectively bargained.1572 (r)(x)Justice Administration Commission and similar 1573 entities.—All officers and employees of the Justice 1574 Administrative Commission, Office of the State Attorney, Office 1575 of the Public Defender, regional offices of capital collateral 1576 counsel, offices of criminal conflict and civil regional 1577 counsel, and Statewide Guardian Ad Litem Office, including the 1578 circuit guardian ad litem programs and the Florida Clerks of 1579 Court Operations Corporation. 1580 (s) Florida School for the Deaf and the Blind.—In 1581 accordance with s. 1002.36, the salaries for academic personnel 1582 and academic administrative personnel of the Florida School for 1583 the Deaf and the Blind shall be set by the board of trustees for 1584 the school, subject only to the approval of the State Board of 1585 Education. 1586 (t) Miscellaneous positions.— 1587 1. The Chief Information Officer in the Agency for 1588 Enterprise Information Technology. Unless otherwise fixed by 1589 law, the agency shall set the salary and benefits of this 1590 position in accordance with the rules of the Senior Management 1591 Service. 1592 2. The chief inspector of the boiler inspection program of 1593 the Department of Financial Services. The pay band of this 1594 position shall be set by the Department of Management Services 1595 in accordance with the classification and pay plan established 1596 for the Selected Exempt Service. 1597 3. The personal assistant to the incumbent of each position 1598 exempted in paragraph (a), paragraph (g), or subparagraph 1. 1599 Unless otherwise fixed by law, the Department of Management 1600 Services shall set the salary and benefits of these positions in 1601 accordance with the rules of the Selected Exempt Service. 1602 4. Positions that are leased pursuant to a state employee 1603 lease agreement expressly authorized by the Legislature pursuant 1604 to s. 112.922. 1605 5. Judges, referees, and receivers of the executive branch. 1606 6. Positions held by patients or inmates in state 1607 institutions. 1608(3)PARTIAL EXEMPTION OF DEPARTMENT OF LAW ENFORCEMENT.1609Employees of the Department of Law Enforcement shall be subject1610to the provisions of s.110.227, except in matters relating to1611transfer.1612(4)DEFINITION OF DEPARTMENT.—When used in this section,1613the term “department” shall mean all departments and commissions1614of the executive branch, whether created by the State1615Constitution or chapter 20; the office of the Governor; and the1616Public Service Commission; however, the term “department” shall1617mean the Department of Management Services when used in the1618context of the authority to establish pay bands and benefits.1619 (3)(5)POSITIONS EXEMPTED BY OTHER STATUTES.—If any 1620 position is exempted from the CivilcareerService by any other 1621 statute and the personnel system to which that position is 1622 assigned is not specifically included in the statute, the 1623 position shall be placed in the Selected Exempt Service, and the 1624 Department of Management Services shall setestablishthe pay 1625 band and benefits for that position in accordance with the rules 1626 of the Selected Exempt Service. 1627 (4) RULES.—The Department of Management Services may adopt 1628 rules necessary to administer this section. 1629(6)EXEMPTION OF CHIEF INSPECTOR OF BOILER SAFETY PROGRAM,1630DEPARTMENT OF FINANCIAL SERVICES.—In addition to those positions1631exempted from this part, there is hereby exempted from the1632Career Service System the chief inspector of the boiler1633inspection program of the Department of Financial Services. The1634pay band of this position shall be established by the Department1635of Management Services in accordance with the classification and1636pay plan established for the Selected Exempt Service.1637(7)CARRYING LEAVE FORWARD.—If an employee is transferred1638or otherwise moves from the Career Service System into the1639Selected Exempt Service, all of the employee’s unused annual1640leave, unused sick leave, and unused compensatory leave shall1641carry forward with the employee.1642 Section 25. Section 110.208, Florida Statutes, is created 1643 to read: 1644 110.208 Classification system.—The department shall 1645 establish and maintain a uniform classification system 1646 applicable to all positions in the Civil Service and shall be 1647 responsible for the overall coordination, review, and 1648 maintenance of the system. A position may not be filled until it 1649 has been classified in accordance with the system. 1650 (1) The system must include: 1651 (a) A position classification system using job families, 1652 occupational groups, and a broadband level structure for each 1653 occupation within an occupational group. 1654 (b) A pay plan that provides broad-based pay bands for each 1655 occupational group. 1656 (2) In establishing and administering the system, the 1657 department: 1658 (a) Shall develop occupation profiles necessary for the 1659 establishment of new occupations or for the revision of existing 1660 occupations, and shall establish the appropriate occupation 1661 title and broadband level code for each occupation. The 1662 occupation profiles, titles, and codes are not rules within the 1663 meaning of s. 120.52. 1664 (b) Shall be responsible for conducting periodic studies 1665 and surveys to ensure that the classification system is 1666 maintained on a current basis. 1667 (c) May review in a postaudit capacity the action taken by 1668 an agency in classifying or reclassifying a position. 1669 (d) Shall effect a classification change on any 1670 classification or reclassification action taken by an agency if 1671 the action taken by the agency was not based on the duties and 1672 responsibilities officially assigned the position as they relate 1673 to the concepts and description contained in the official 1674 occupation profile and the level definition provided in the 1675 occupational group characteristics adopted by the department. 1676 (e) Shall adopt rules necessary to administer the 1677 classification system. 1678 (3) Each state agency is responsible for the day-to-day 1679 application of the classification system established by the 1680 department. The agency: 1681 (a) Shall maintain an up-to-date position description for 1682 each authorized and established position assigned to the agency. 1683 The position description must include an accurate description of 1684 assigned duties and responsibilities and other pertinent 1685 information relating to a position and serves as a record of the 1686 official assignment of duties to the position. The description 1687 shall be used to compare positions in order to ensure the 1688 uniformity of classifications. 1689 (b) May classify positions authorized by the Legislature or 1690 pursuant to s. 216.262, classify positions that are added in 1691 lieu of positions deleted pursuant to s. 216.262, and reclassify 1692 established positions. Classification and reclassification 1693 actions taken by an agency must be within the classification 1694 system occupations established by the department, shall be 1695 funded within the limits of currently authorized appropriations, 1696 and must be in accordance with the uniform procedures 1697 established by the department. 1698 Section 26. Section 110.2085, Florida Statutes, is created 1699 to read: 1700 110.2085 Pay plan.— 1701 (1) The department shall establish and maintain an 1702 equitable pay plan that applies to all positions in the Civil 1703 Service and shall be responsible for the overall review, 1704 coordination, and administration of the pay plan. 1705 (2) The department shall provide market-based pay bands for 1706 occupational groups and establish guidelines for state agencies 1707 to use when moving employees through such pay bands. 1708 (a) The agencies may determine the appropriate salary 1709 within the pay bands using the guidelines developed by the 1710 department. Such pay bands, and the assignment of broadband 1711 levels to positions, are not rules within the meaning of s. 1712 120.52. 1713 (b) The department, in consultation with the Executive 1714 Office of the Governor and the legislative appropriations 1715 committees, shall conduct compensation surveys as necessary for 1716 the purpose of achieving an equitable, competitive, market-based 1717 pay policy. 1718 (3) The department shall establish rules for the 1719 administration of pay additives and shall delegate to the state 1720 agencies, where appropriate, the authority to implement pay 1721 additives. The agency must use pay additives, as appropriate, 1722 within the guidelines established by the department and 1723 consistent with directions contained in the General 1724 Appropriations Act. 1725 (a) The following pay additives are authorized: 1726 1. Shift differentials. 1727 2. On-call. 1728 3. Hazardous duty. 1729 4. Lead-worker duty. 1730 5. Temporary special duties - general. 1731 6. Temporary special duties – absent coworker. 1732 7. Trainer duties. 1733 8. Competitive area differentials. 1734 9. Critical market pay. 1735 (b) Each state agency shall include in its annual 1736 legislative budget request a proposed written plan for 1737 implementing temporary special duties - general pay additives 1738 during the next fiscal year. Proposed revisions to an approved 1739 plan which become necessary during the fiscal year must be 1740 submitted by the agency to the department for review and 1741 recommendation to the Executive Office of the Governor. Such 1742 revisions may be implemented only after approval by the 1743 Executive Office of the Governor. A proposed revision is deemed 1744 to be action subject to s. 216.177. 1745 (c) A new competitive area differential or a new critical 1746 market pay additive may not be implemented unless the department 1747 has reviewed and recommended such action and the Legislature has 1748 provided express authority to implement such action. This 1749 applies to an increase in the level of competitive area 1750 differentials and critical market pay additives, and to the 1751 initial establishment and implementation of a competitive area 1752 differential or critical market pay additive not in effect as of 1753 January 1, 2012. 1754 (d) An agency may implement shift differential additives, 1755 on-call additives, hazardous duty additives, lead-worker 1756 additives, temporary special duties – absent coworker additives, 1757 and trainer additives as necessary to accomplish the mission of 1758 the agency and in accordance with department rules, instructions 1759 contained in the General Appropriations Act, and applicable 1760 collective bargaining agreements. 1761 (e) The department shall annually provide to the Executive 1762 Office of the Governor and the Legislature a summary report of 1763 the pay additives implemented pursuant to this section. 1764 (4) A state agency may implement salary increase and 1765 decrease corrections due to administrative errors. 1766 (5) The department may adopt rules necessary to administer 1767 this section. 1768 Section 27. Section 110.211, Florida Statutes, is amended 1769 to read: 1770 110.211 Recruitment.— 1771 (1) Recruiting shall be planned and carried out to ensure 1772in a manner that assuresopen competition based upon current and 1773 projectedemployingagency needs, taking into consideration the 1774 number and types of positions to be filled and the labor market 1775 conditions, with special emphasis placed on recruiting efforts 1776 thattoattract minorities, women, or other groupsthat are1777 underrepresented in the workforce of a statethe employing1778 agency. 1779 (2) Recruiting efforts to fill current or projected 1780 vacancies shall be carried out in the sound discretion of the 1781 agency head. 1782 (3) Recruitingshall seek efficiency in advertising andmay 1783 be assisted by a contracted vendorresponsible for maintenance1784of the personnel data. 1785 (4) The department may adopt rules necessary to administer 1786 this section.All recruitment literature involving state1787position vacancies shall contain the phrase “An Equal1788Opportunity Employer/Affirmative Action Employer.”1789 Section 28. Section 110.213, Florida Statutes, is amended 1790 to read: 1791 110.213 Selection.— 1792 (1) Selection for appointment from among themostqualified 1793 candidates isshall bethe sole responsibility of theemploying1794 state agency.All new employees must successfully complete at1795least a 1-year probationary period before attainment of1796permanent status.1797 (2)Selection shall reflect efficiency and simplicity in1798hiring procedures.The agency head or ahis or herdesignee 1799 shallbe required todocument the qualifications of the selected 1800 candidate to ensure that the candidate meets the position 1801minimumrequirementsasspecified by theemployingagency;,1802 meets the licensure, certification, or registration 1803 requirements, if any, as specified by statute;,and possesses 1804 the requisite knowledge, skills, and abilities for the position. 1805 No other documentation or justification isshall berequired 1806 beforeprior toselecting a candidate for a position. 1807 (3) The department may adopt rules necessary to administer 1808 this section. 1809 Section 29. Section 110.2135, Florida Statutes, is amended 1810 to read: 1811 110.2135 Veterans’ preferencein employment, reemployment,1812promotion, and retention.— 1813 (1) Preference in employment, reemployment, promotion, and 1814 retention shall be given to an eligible veteran pursuant to ss. 1815 295.07, 295.08, 295.085, and 295.09 ifas long asthe veteran 1816 meets the minimum eligibility requirements and has the 1817 knowledge, skills, and abilities required for the particular 1818 position. 1819 (2) A disabled veteran employed as the result of being 1820 placed at the top of the appropriate employment list underthe1821provisions ofs. 295.08 or s. 295.085 shall be appointed for a 1822 probationary period of 1 year. At the end of such period, if the 1823 work of the veteran has been satisfactorily performed, the 1824 veteran will acquire meritpermanent employmentstatus in his or 1825 her position andwillbe subject to the employment rules of the 1826 departmentof Management Servicesand the agency employing the 1827 veteranveteran’s employing agency. 1828 (3) The department may adopt rules necessary to administer 1829 this section. 1830 Section 30. Section 110.215, Florida Statutes, is amended 1831 to read: 1832 110.215 Examinations and other employment qualification 1833 assessments administered to persons having disabilities.— 1834 (1) The purpose of this section is to further the policy of 1835 the State Personnel System to encourage and assist persons 1836 having disabilities to achieve maximum personal and vocational 1837 independence through useful and productive gainful employment by 1838 eliminating unwarranted barriers to their qualifying 1839 competitively for civilstate careerservice jobs. 1840 (2) As used in this section, the term: 1841(a)“Agency” includes each department and agency of the1842state.1843 (a)(b)“Disability” means, with respect to an individual, a 1844 physical or mental impairment that substantially limits one or 1845 more of the major life activities of the individual, or a record 1846 of having such an impairment, or being regarded as having such 1847 an impairment. 1848 (b)(c)“Examination” includes employment tests and other 1849 structured, systematic instruments used to assess the essential 1850 knowledge, skills, abilities, minimum qualifications, and other 1851 job-related requirements possessed by an applicant as a basis 1852 for any employment decision by an agency. 1853 (3) An applicant for employment within the CivilState1854CareerServiceSystemwho has a disability that impairs sensory, 1855 speaking, or manual skills may require an agency to administer 1856 ananyexamination to him or her in a format and manner that 1857 does not require use of an impaired skill, unless the test is 1858 designed to measure that skill. An applicant may request a 1859 reasonable accommodation in a test format on the basis of a 1860 disability. 1861 (4) The department may adopt rules necessary to administer 1862 this section. 1863 Section 31. Section 110.217, Florida Statutes, is amended 1864 to read: 1865 110.217 Appointment actions and statusAppointments and1866promotion.— 1867 (1)(a)The department, in consultation with agencies that1868must comply with these rules,shall develop uniform rules 1869 regarding original appointment, promotion, demotion, 1870 reassignment, lateral action, separation, and status which must 1871 be used by stateemployingagencies.Such rules must be approved1872by the Administration Commission before their adoption by the1873department.1874(b)Employing agencies may seek exceptions to these uniform1875rules by filing a petition with the Administration Commission.1876The Administration Commission shall approve an exception when1877the exception is necessary to conform to any requirement imposed1878as a condition precedent to receipt of federal funds or to1879permit persons in this state to receive tax benefits under1880federal law, or as required for the most efficient operation of1881the agency as determined by the Administration Commission. The1882reasons for the exception must be published in the Florida1883Administrative Weekly.1884(c)Agency rules that provide exceptions to the uniform1885rules may not be filed with the Department of State unless the1886Administration Commission has approved the exceptions. Each1887agency that adopts rules that provide exceptions to the uniform1888rules or that must comply with statutory requirements that1889conflict with the uniform rules must have a separate chapter1890published in the Florida Administrative Code that delineates1891clearly the provisions of the agency’s rules which provide1892exceptions or are based upon a conflicting statutory1893requirement. Each alternative chosen from those authorized by1894the uniform rules must be specified. Each chapter must be1895organized in the same manner as the uniform rules.1896 (2) An employee appointed on probationary status shall 1897 attain merit status in his or her current position upon 1898 successful completion of at least a 1-year probationary period. 1899 An employee who has not attained merit status in his or her 1900 current position serves at the pleasure of the agency head and 1901 may be dismissed at the discretion of the agency head. 1902 (3) If an employee who has received an internal agency 1903 promotion from a position in which the employee held merit 1904 status is to be dismissed from the promotional position for 1905 failure to meet the established performance standards of the 1906 promotional position while in probationary status, the agency, 1907 before dismissal, shall attempt to return the employee to his or 1908 her former position, or to a position with the same duties and 1909 responsibilities as the former position, if such a position is 1910 vacant. Such determinations by an agency are not appealable and 1911 this subsection does not apply to dismissals for any other 1912 reason. 1913(2)Each employing agency shall have the responsibility for1914the establishment and maintenance of rules and guidelines for1915determining eligibility of applicants for appointment to1916positions in the career service.1917(3)Eligibility shall be based on possession of required1918minimum qualifications for the job class and any required entry1919level knowledge, skills, and abilities, and any certification1920and licensure required for a particular position.1921(4)The employing agency shall be responsible for1922developing an employee career advancement program which shall1923assure consideration of qualified permanent employees in the1924agency or career service who apply. However, such program shall1925also include provisions to bring persons into the career service1926through open competition. Promotion appointments shall be1927subject to postaudit by the department.1928(5)The department shall adopt any rules necessary to1929implement the provisions of this section. The rules must be1930approved by a majority vote of the Administration Commission1931prior to their adoption by the department.1932 Section 32. Section 110.219, Florida Statutes, is amended 1933 to read: 1934 110.219 Attendance and leave; general policies.— 1935 (1) The workday for each full-timestateemployee shall be 1936 8 hours or as otherwise authorizedjustifiedby the agency head. 1937 (2) Overtime may be required for any employee. 1938 (3) The granting of any leave of absence, with or without 1939 pay, shall be in accordance with applicable state or federal 1940 laws and the rules of the State Personnel Systemwriting and1941shall be approved by the agency head. Those employees who, at 1942 the discretion of the agency, areAn employee who isgranted a 1943 leave of absence remain employees of the agencywith or without1944pay shall be an employee of the statewhile on such leave and 1945 shall be returned to the same or comparable positionor a1946different position in the same class and same work locationupon 1947 termination of the approved leave of absence in accordance with 1948 the rules of the State Personnel System.The agency head and the1949employee may agree in writing to other conditions and terms1950under which the leave is to be granted.1951(4)Each agency shall keep an accurate record of all hours1952of work performed by each employee, as well as a complete and1953accurate record of all authorized leave which is approved. The1954ultimate responsibility for the accuracy and proper maintenance1955of all attendance and leave records shall be with the agency1956head.1957 (4)(5)Rules shall be adopted byThe department shall adopt 1958 rules to administerin cooperation and consultation with the1959agencies to implement the provisions ofthis section; however,1960such rules must be approved by the Administration Commission1961prior to their adoption. Such rules must provide for, but need 1962 not be limited to: 1963 (a) The maximum responsibility and authority resting with 1964 each agency head to administer attendance and leave matters in 1965 the agency within the parameters of the rulesadopted by the1966department. 1967 (b)Creditable service in which 1 month ofService credit 1968 as it relates to the accrual and payment of leaveis awarded for1969each calendar month that the employee is on the payroll of a1970state agency or during which the employee is on authorized leave1971without pay. 1972 (c) Holidays as provided in s. 112.929110.117. 1973 (d) Overtime provisions. 1974 (e) Annual leave provisions. 1975 (f) Sick leave provisions. 1976 (g) Parental leave provisions. 1977 (h) Family medical leave provisions. 1978 (i) Disability leave provisions. 1979 (j) Compulsory disability leave provisions. 1980 (k) Administrative leave provisions. 1981 (l) Military leave provisions. 1982 (m) Educational leave with pay provisions. 1983 (n) Leave of absence without pay provisions. 1984(6)The leave benefits provided to Senior Management1985Service employees shall not exceed those provided to employees1986in the Selected Exempt Service.1987 (5)(7)Subject to available funds, each December, a civil 1988permanent careerservice employee who has merit status or who 1989 currently has probationary status due to a promotion that was 1990 preceded by the attainment of merit status is entitledshallbe1991entitled, subject to available funds,to a payout of up to 24 1992 hours of unused annual leave if theas follows:1993(a)A permanent career serviceemployee hasmust havean 1994 annual leave balance of at leastno less than24 hours, after 1995 the payout, in order to qualify for this benefit. 1996 (6)(b)A civilNo permanent careerservice employee may not 1997shallreceive a payout of greater than 240 hours over the course 1998 of the employee’s career withinwiththe Civil Servicestate, 1999 including any leave received at the time of separation. 2000 Section 33. Section 110.221, Florida Statutes, is amended 2001 to read: 2002 110.221 Parental or family medical leave.— 2003 (1) As used in this section, the term: 2004 (a) “Family” means a child, parent, or spouse., and the2005term2006 (b) “Family medical leave” means leave requested by an 2007 employee for a serious family illness including an accident, 2008 disease, or condition that poses imminent danger of death, 2009 requires hospitalization involving an organ transplant, limb 2010 amputation, or other procedure of similar severity, or any 2011 mental or physical condition that requires constant in-home 2012 care.The term2013 (c) “Parental leave” means leave for the father or mother 2014 of a child who is born to or adopted by that parent. 2015 (2) The state mayshallnot: 2016 (a) Terminate the employment of a civil serviceany2017 employeein the career servicebecause of the pregnancy of the 2018 employee or the employee’s spouse or the adoption of a child by 2019 that employee. 2020 (b) Refuse to grant to a civilcareerservice employee 2021 parental or family medical leave without pay for a period not to 2022 exceed 6 months. Such leave commencesshall commenceon a date 2023that isdetermined by the employee in consultation with the 2024 attending physician following notification to the employer in 2025 writing, and that is approved by the employer. 2026 (c) Deny a civilcareerservice employee the use of and 2027 payment for annual leave credits for parental or family medical 2028 leave. Such leave commencesshall commenceon a date determined 2029 by the employee in consultation with the attending physician 2030 following notification to the employer in writing. 2031 (d) Deny a civilcareerservice employee the use of and 2032 payment for accrued sick leave or family sick leave for any 2033 reason deemed necessary by a physician or as established by 2034 policy. 2035 (e) Require that a civilcareerservice employee take a 2036 mandatory parental or family medical leave. 2037 (3) Upon returning at the end of parental or family medical 2038 leave of absence, such employee shall be reinstated to the same 2039 job ortoan equivalent position that haswithequivalent pay 2040 andwithseniority, retirement, fringe benefits, and other 2041 service credits accumulated beforeprior tothe leave period. If 2042 any portion of the parental or family medical leave is paid 2043 leave, the employee isshall beentitled to accumulate all 2044 benefits granted under paid leave status. 2045 (4) The department may adopt rules necessary to administer 2046 this section. 2047 Section 34. Section 110.224, Florida Statutes, is amended 2048 to read: 2049 110.224PublicEmployee performance evaluation system.—AnA2050publicemployee performance evaluation system shall be 2051 established as a basis for evaluating and improving the 2052 performance of the state’s workforce, to inform employees of 2053 strong and weak points in the employee’s performance, to 2054 identify training needs, and to award lump-sum bonuses and other 2055 performance-based incentives in accordance with s. 110.1245 or 2056 other provisions of law110.1245(2). 2057 (1) Upon original appointment, promotion, demotion, or 2058 reassignment, a job description of the assigned position 2059assignedmust be made available to the civilcareerservice 2060 employee. The job description may be made available in an 2061 electronic format. 2062 (2) Each employee shallmusthave a performance evaluation 2063 conducted at least annually which involves both, and the2064employee must receivean oral and written assessment of his or 2065 her performanceevaluation. The performance evaluation may 2066 include a plan of action for improvement of the employee’s 2067 performance based on the work expectations or performance 2068 standards applicable to the position as determined by the agency 2069 head. 2070 (3) The department may adopt rules necessary to administer 2071 this sectionthe public employee performance evaluation system2072which establish procedures for performance evaluation, review2073periods, and forms. 2074 Section 35. Section 110.227, Florida Statutes, is amended 2075 to read: 2076 110.227 Suspensions, dismissals, reductions in pay, 2077 demotions, layoffs, transfers, and grievances.— 2078 (1) AnAnyemployee who has satisfactorily completed at 2079 least a 1-year probationary period in his or her current 2080 position may be suspended or dismissed only for cause. Cause 2081 includesshall include, but is not limited to, poor performance, 2082 negligence, inefficiency or inability to perform assigned 2083 duties, insubordination, violation ofthe provisions oflaw or 2084 agency rules, conduct unbecoming a public employee, misconduct, 2085 habitual drug abuse, or conviction of any crime. The agency head 2086 shall ensure that all employees of the agency have reasonable 2087 access to the agency’s personnel policies and proceduresmanual. 2088 (2)(a)The department shall establish rules and procedures 2089 for the suspension, reduction in pay, transfer, layoff, 2090 demotion, and dismissal of employees in the Civilcareer2091 Service. 2092 (a) Except with regard to law enforcement or correctional 2093 officers, firefighters, or professional health care providers, 2094 rules regarding layoff procedures mayshallnot include any 2095 provisionsystemwhereby a civilcareerservice employee with 2096 greater seniority has the option of selecting a different 2097 position not being eliminated, but either vacant or already 2098 occupied by an employee who hasofless seniority, and taking 2099 that position, commonly referred to as “bumping.” 2100 (b) For the implementation of layoffs as defined in s. 2101 110.1054110.107, the department shall develop rules requiring 2102 retention of the agency’s employees based upon objective 2103 measures that give consideration to comparative merit, 2104 demonstrated skills, the employee’s experience, and the 2105 employee’s length of service in the Civil Service.Such rules2106shall be approved by the Administration Commission before their2107adoption by the department.2108 (3)(a)With regard to law enforcement or correctional 2109 officers, firefighters, or professional health care providers:,2110when2111 (a) If a layoff becomes necessary, such layoff shall be 2112 conducted within the competitive area identified by the agency 2113 head and approved by the departmentof Management Services. Such 2114 competitive area shall be established taking into consideration 2115 the similarity of work; the organizational unit, which may be by 2116 agency, department, division, bureau, or other organizational 2117 unit; and the commuting area for the affected workaffected. 2118 (b)With regard to law enforcement or correctional2119officers, firefighters, or professional health care providers,2120 Layoff procedures shall be developed to establish the relative 2121 merit and fitness of employees and mustshallinclude a formula 2122 for uniform application among all employees in the competitive 2123 area, taking into consideration the type of appointment, the 2124 length of service, and the evaluations of the employee’s 2125 performance within the last 5 years of employment. 2126 (4) A grievance process shall be available to civilcareer2127 service employees who have satisfactorily completed at least a 2128 1-year probationary period in their current positions. A 2129 grievanceis defined as the dissatisfaction thatoccurs when an 2130 employee believes that any condition affecting the employee is 2131 unjust, inequitable, or a hindrance to the effective performance 2132 of his or her job dutiesoperation. Claims of discrimination and 2133 sexual harassment or claims related to suspensions, reductions 2134 in pay, demotions, and dismissals are not subject to the civil 2135careerservice grievance process. The following proceduresshall2136 apply to any grievance filed pursuant to this subsection, except 2137 that all timeframes may be extended in writing by mutual 2138 agreement: 2139 (a) Step One.—The employee mustmaysubmit a signed, 2140 written grievance on a form provided by the agency to his or her 2141 supervisor within 14 calendar days following the occurrence of 2142 the event giving rise to the grievance. The supervisor must meet 2143 with the employee to discuss the grievance and provide a written 2144 response to the employee within 7 business days following 2145 receipt of the grievance. 2146 (b) Step Two.—If the employee is dissatisfied with the 2147 response of his or her supervisor, the employee mustmaysubmit 2148 the written grievance to the agency head orhis or herdesignee 2149 within 7 business days following receipt of the supervisor’s 2150 written response. The agency head’shead or his or herdesignee 2151 maymustmeet with the employee to discuss the grievance within 2152 5 business days following receipt of the grievance. The agency 2153 head or his or her designee must respond in writing to the 2154 employee within 5 business days following receipt of the 2155 grievance or the meeting. The written decision of the agency 2156 head or designee isshall be thefinal and bindingauthorityfor 2157 all grievances filed pursuant to this subsection. Such 2158 grievances may not be appealed beyond Step Two. 2159 (5)(a)A civilcareerservice employee who has 2160 satisfactorily completed at least a 1-year probationary period 2161 and attained merit status in his or her current position and who 2162 is subject to a suspension, reduction in pay, demotion, 2163 involuntary transfer of more than 50 miles by highway, or 2164 dismissal shall receive written notice of such action at least 2165 10 calendar days beforeprior tothe date such action isto be2166 taken. 2167 (a) Subsequent to such notice, and beforeprior tothe date 2168 the action isto betaken, the affected employee shall be given 2169 an opportunity to appear before a designated agency official to 2170 rebutthe agency or official taking the action to answer orally2171and in writingthe charges against him or her orally or in 2172 writing. The noticeto the employee required by this paragraph2173 may be delivered to the employee personally or may be sent by 2174 certified mail with return receipt requested. Such actions are 2175shall beappealable to the Public Employees Relations Commission 2176 as provided in subsection (6). Written notice ofanysuch appeal 2177 shall be filed by the employee with the commission within 21 2178 calendar days after the date on which the notice of suspension, 2179 reduction in pay, demotion, involuntary transfer of more than 50 2180 miles by highway, or dismissal is received by the employee. 2181 (b) In extraordinary situations such as when the retention 2182 of a civilcareerservice employee who has satisfactorily 2183 completed at least a 1-year probationary period in his or her 2184 current position maywouldresult in damage to state property, 2185 maywouldbe detrimental to the best interest of the state, or 2186 maywouldresult in harminjuryto the employee, a fellow 2187 employee, or some other person, such employee may be suspended 2188 or dismissed without 10 calendar days’ prior notice if, provided2189thatwritten or oral notice of such action, includingevidence2190ofthe reasons therefor, and an opportunity to rebut the charges 2191 are furnished to the employee beforeprior tosuch dismissal or 2192 suspension. Such notice may be delivered to the employee 2193 personally or may be sent by certified mail with return receipt 2194 requested.Agency compliance with the foregoing procedure2195requiring notice, evidence, and an opportunity for rebuttal must2196be substantiated.Any employee who is suspended or dismissed 2197 pursuant tothe provisions ofthis paragraph may appeal to the 2198 Public Employees Relations Commission as provided in subsection 2199 (6). Written notice of any such appeal shall be filed with the 2200 commission by the employee within 21 calendar days after the 2201 date on which the notice of suspension, reduction in pay,2202demotion,or dismissal is received by the employee. 2203 (c) Merit status that was attained in a previous position 2204 does not give rise to appeal rights under this section. 2205 (6) The following proceduresshallapply to appeals filed 2206 pursuant to subsection (5) with the Public Employees Relations 2207 Commission, hereinafter referred to as the commission: 2208 (a) The commission must conduct a hearing within 60 2209 calendar days following the filing of a notice of appeal. AnNo2210 extension of time for the hearing may not exceed 30 calendar 2211 days, absent exceptional circumstances, andno extension of time2212 may not be granted without the consent of all parties. Discovery 2213 may be granted only upon the showing of extraordinary 2214 circumstances. A party requesting discovery mustshall2215 demonstrate a substantial need for the information requested and 2216 an inability to obtain relevant information by other means. 2217 Except where inconsistent with the requirements of this 2218 subsection, the provisions of s. 447.503(4) and (5) and chapter 2219 120 apply to proceedings held pursuant to this subsection. 2220 (b) A person may represent himself or herself in 2221 proceedings before the commission or may be represented by legal 2222 counsel or by ananyindividual who qualifies as a 2223 representative pursuant to rules adopted by the commission. 2224 (c) If the commission finds that cause did not exist for 2225 the agency action, the commission shall reverse the decision of 2226 the agency head and the employee shall be reinstated with or 2227 without back pay. If the commission finds that cause existed for 2228 the agency action, the commission shall affirm the decision of 2229 the agency head. The commission may not reduce the penalty 2230 imposed by the agency head, except in the case of law 2231 enforcement or correctional officers, firefighters, and 2232 professional health care providers, if the commission makes 2233 specific written findings of mitigation. 2234 (d) A recommended order shall be issued by the hearing 2235 officer within 30 days following the hearing. Exceptions to the 2236 recommended order mustshallbe filed within 15 days after the 2237 recommended order is issued. The final order shall be filed by 2238 the commission withinno later than45 calendar days after the 2239 hearing or after the filing of exceptions or oral arguments if 2240 granted. 2241 (e) Final orders issued by the commission pursuant to 2242 paragraph (d) areshall bereviewable as provided in s. 447.504. 2243 (7) Other than for law enforcement or correctional 2244 officers, firefighters, and professional health care providers, 2245 each suspension, dismissal, demotion, or reduction in pay must 2246 be reviewed without consideration of any other case or set of 2247 facts. 2248 (8) Employees of the Department of Law Enforcement are 2249 subject to this section, except in matters relating to transfer. 2250 (9) The department may adopt rules necessary to administer 2251 this section. 2252(8)A career service employee who is serving a probationary2253period in a position to which he or she has been promoted may be2254removed from that promotional position at any time during the2255probationary period but must be returned to his or her former2256position, or a comparable position, if such a position is2257vacant. If such a position is not available, before dismissal,2258the agency shall make a reasonable effort to retain the employee2259in another vacant position. This subsection does not apply to2260terminations for cause as described in subsection (1), nor does2261it create a right to “bump” an employee from an occupied2262position as described in paragraph (2)(a).2263 Section 36. The Division of Statutory Revision is requested 2264 to renumber part V of chapter 110, Florida Statutes, as part 2265 III, consisting of ss. 110.302-110.3035, and to rename that part 2266 as “Selected Exempt Service.” 2267 Section 37. Section 110.601, Florida Statutes, is 2268 transferred, renumbered as section 110.302, Florida Statutes, 2269 and amended to read: 2270 110.302110.601Declaration of policy.—This part creates a 2271 system of personnel administration formanagementthe purpose of 2272 deliveringwhich is to deliverhigh-quality performance by 2273 selected exempt servicethoseemployees in the State Personnel 2274 Systemselectexempt classificationsby facilitating thestate’s2275 ability to attract and retain qualified personnel in these 2276 positions, while also providing sufficient management 2277 flexibility to ensure that the workforce is responsive to agency 2278 needs. The Legislature recognizes that the public interest is 2279 best served by developing and refining the technical and 2280 managerial skills of theseits selected exempt service2281 employees, and, to this end, technical training and management2282development programs are regarded as a major administrative2283function within agencies. 2284 Section 38. Section 110.602, Florida Statutes, is 2285 transferred, renumbered as section 110.3021, Florida Statues, 2286 and amended to read: 2287 110.3021110.602Selected Exempt Service; creation,2288coverage.— 2289 (1) The Selected Exempt Service is created as a separate 2290 system of personnel administration forselect exemptpositions 2291 in the State Personnel System which. Such positions shall2292include, and shall be limited to, those positions whichare 2293 exempt from the CivilCareerServiceSystempursuant to s. 2294 110.205(2) and (5)and for which the salaries and benefits are 2295 set by the department in accordance with the rules of the 2296 Selected Exempt Service.The department shall designate all2297positions included in the Selected Exempt Service as either2298managerial/policymaking, professional, or2299nonmanagerial/nonpolicymaking.2300 (2) Employees in the Selected Exempt Service shall serve at 2301 the pleasure of the agency head and are subject to personnel 2302 actions at the discretion of the agency head. Personnel actions 2303 that are tantamount to suspension, dismissal, reduction in pay, 2304 demotion, or transfer are exempt from chapter 120. 2305 Section 39. 110.605, Florida Statutes, is transferred, 2306 renumbered as section 110.3022, Florida Statutes, and amended to 2307 read: 2308 110.3022110.605Powers and duties; personnel rules,2309records, reports, and performance appraisal.—The department is 2310 responsible for the policy administration of the Selected Exempt 2311 Service. In carrying out that function the department shall: 2312 (1) Provide broad, market-based pay bands for occupations 2313 within the Selected Exempt Service and establish guidelines that 2314 allow state agencies flexibility to move employees through the 2315 pay bands. The agencies may determine the appropriate salary 2316 within the bands using the guidelines adopted by the department. 2317 The pay bands, and the assignment of bands to positions, do not 2318 constitute rules within the meaning of s. 120.52. 2319 (2) Establish a classification system and a salary and 2320 benefit plan for the Selected Exempt Service which provides for 2321 greater pay and benefits overall than are provided for the Civil 2322 Service and less pay and benefits overall than are provided for 2323 the Senior Management Service. 2324 (3) In consultation with the Executive Office of the 2325 Governor and the appropriations committees of the Legislature, 2326 conduct compensation surveys as necessary for achieving an 2327 equitable, competitive, market-based compensation policy for 2328 selected exempt service employees. 2329 (4) Establish a performance evaluation system for selected 2330 exempt service employees which takes into consideration 2331 individual and organizational efficiency, productivity, and 2332 effectiveness. 2333 (5) Establish a system for documenting department actions 2334 taken on agency requests for the approval of position exemptions 2335 and pay increases for selected exempt service employees. 2336 (6)(1)The department shallAdopt and administer uniform 2337 personnel rules, records, and reports relating to employees and 2338 positions in the Selected Exempt Service, as well as any other 2339 rules and procedures relating to personnel administration which 2340 are necessary to carry out the purposes of this part. 2341 (a) The rules adopted by the department must comply with 2342 all federal regulations necessary to permit the agencies to 2343 receive federal funds. 2344 (b) Each agency shall operate within the uniform personnel 2345 rules adopted by the department pursuant to this part. 2346 (c) Each agency shall maintain up-to-date records and 2347 reports required by applicable rules. 2348 (d)(a)The department mayshalldevelop uniform forms and 2349 instructions to be used for personnelin reportingtransactions 2350which involve changes in an employee’s salary, status,2351performance, leave, fingerprint record, loyalty oath, payroll2352change, or appointment action or any additional transactionsas 2353 the department deemsmay deemappropriate. 2354(b)The department shall develop a uniform performance2355appraisal system for employees and positions in the Selected2356Exempt Service covered by a collective bargaining agreement.2357Each employing agency shall develop a performance appraisal2358system for all other employees and positions in the Selected2359Exempt System. Such agency system shall take into consideration2360individual and organizational efficiency, productivity, and2361effectiveness.2362(c)The employing agency must maintain, on a current basis,2363all records and reports required by applicable rules. The2364department shall periodically audit employing agency records to2365determine compliance with the provisions of this part and the2366rules of the department.2367(d)The department shall develop a program of affirmative2368and positive actions that will ensure full utilization of women2369and minorities in Selected Exempt Service positions.2370(2)Each employing agency shall operate within the uniform2371personnel rules adopted by the department pursuant to the2372provisions of this part. Each employing agency may adopt rules2373as necessary to implement the provisions of this part, but such2374rules shall not prescribe any personnel policies inconsistent2375with the provisions of this part or the rules of the department.2376(3)The rules adopted by the department and each employing2377agency under this part shall comply with all federal regulations2378necessary to permit the state agencies to be eligible to receive2379federal funds.2380(4)The department shall adopt by rule procedures for2381Selected Exempt Service employees that require disclosure to the2382agency head of any application for or offer of employment, gift,2383contractual relationship, or financial interest with any2384individual, partnership, association, corporation, utility, or2385other organization, whether public or private, doing business2386with or subject to regulation by the agency.2387(5)The secretary may periodically hire a consultant with2388expertise in personnel management to advise him or her with2389respect to the administration of the Selected Exempt Service.2390 Section 40. Section 110.3023, Florida Statutes, is created 2391 to read: 2392 110.3023 Recruitment.— 2393 (1) Each state agency is responsible for establishing a 2394 process for employing, advancing, and deploying selected exempt 2395 service staff to meet agency needs. 2396 (2) If normal recruitment efforts of the agency through the 2397 use of the department’s designated human resource information 2398 system, trade journals, or magazines are unsuccessful, the 2399 agency may contract with a person or firm to conduct a 2400 multistate search for hard-to-fill professional positions. The 2401 contracted search person or firm must satisfy the following 2402 criteria: 2403 (a) Willingness to accept contingency contracts with fees 2404 up to 30 percent of the annual salary of the applicant, to be 2405 paid upon employment of an applicant produced by the search. 2406 (b) Demonstrated capacity to perform effectively at 2407 competitive industry prices. 2408 (c) Evidence of successful placements in the public sector 2409 by level and type of placement. 2410 (d) Agreement for the delivery of services within 90 2411 calendar days after the date of the requested search by the 2412 agency, unless an extension is granted by the agency. 2413 (e) Ability to attract minorities and women as evidenced by 2414 applicant pools generated for previous clients. 2415 Section 41. The Division of Statutory Revision is requested 2416 to renumber part III of chapter 110, Florida Statutes, as part 2417 IV, consisting of ss. 110.401-110.4035, and to rename that part 2418 as “Senior Management Service.” 2419 Section 42. Section 110.401, Florida Statutes, is amended 2420 to read: 2421 110.401 Declaration of policy.—This part creates auniform2422 system of personnel administration for attracting, retaining, 2423 and developing highly competent, executive-levelsenior-level2424 managers within the State Personnel Systemat the highest2425executive-management-level agency positions in order for the2426highly complex programs and agencies of state government to2427function effectively, efficiently, and productively. The 2428 Legislature recognizes that executive-levelsenior-level2429 management is an established profession and that the public 2430 interest is best served by developing and refining the 2431 management skills of its senior management service employees. 2432Accordingly, training and management-development programs are2433regarded as a major administrative function within agencies.2434 Section 43. Section 110.402, Florida Statutes, is amended 2435 to read: 2436 110.402 Senior Management Service; creation, coverage.— 2437 (1) The Senior Management Service is created as a separate 2438 system of personnel administration for positions in the State 2439 Personnel System which performexecutive branch theduties and 2440 responsibilities thatof whichare primarily and essentially 2441 policymaking or managerial in nature. 2442(2)Such positions areThe Senior Management Service shall2443belimited to those positions thatwhichare exempt from the 2444 CivilCareerService underSystem bys. 110.205(2)and for which 2445 the salaries and benefits are set by the department in 2446 accordance with the rules of the Senior Management Service. 2447 (2) Employees in the Senior Management Service shall serve 2448 at the pleasure of the agency head and are subject to personnel 2449 actions at the discretion of the agency head. Personnel actions 2450 that are tantamount to suspension, dismissal, reduction in pay, 2451 demotion, or transfer are exempt from chapter 120. 2452 Section 44. Section 110.403, Florida Statutes, is amended 2453 to read: 2454 110.403 Powers and duties of the department.—The department 2455 is responsible for the policy administration of the Senior 2456 Management Service. To carry out that function the department 2457 shall: 2458(1)In order to implement the purposes of this part, the2459Department of Management Services, after approval by the2460Administration Commission, shall adopt and amend rules providing2461for:2462 (1)(a)Establish a system for employing, advancing, and 2463 deploying senior management service employees whichpromoting,2464or reassigning managers thatis responsive to organizational or 2465 program needs.In no event shallThe number of positions 2466 included in the Senior Management Service may not exceed 1.0 2467 percent of the total full-time equivalent positions in the Civil 2468careerService. The department may not approve the establishment 2469 ofshall deny approval to establishany position within the 2470 Senior Management Service which exceedswould exceedthe 2471 limitation established in this paragraph. The department shall 2472 report that the limitation has been reached to the Governor, the 2473 President of the Senate, and the Speaker of the House of 2474 Representatives, as soon as practicable after itsuch event2475 occurs.Employees in the Senior Management Service shall serve2476at the pleasure of the agency head and shall be subject to2477suspension, dismissal, reduction in pay, demotion, transfer, or2478other personnel action at the discretion of the agency head.2479Such personnel actions are exempt from the provisions of chapter2480120.2481 (2) Provide broad, market-based pay bands for occupations 2482 within the Senior Management Service and establish guidelines 2483 that allow state agencies flexibility to move employees through 2484 the pay bands. The agencies may determine the appropriate salary 2485 within the bands using the guidelines established by the 2486 department. Such pay bands and the assignment of bands to 2487 positions do not constitute rules within the meaning of s. 2488 120.52. 2489(b)A performance appraisal system which shall take into2490consideration individual and organizational efficiency,2491productivity, and effectiveness.2492 (3)(c)Establish a classification system plan and a salary 2493 and benefit plan for senior management service employees which 2494thatprovides appropriate incentives for the recruitment and 2495 retention of outstanding management personnel and provides for 2496 salary increases based on performance. 2497 (4) In consultation with the Executive Office of the 2498 Governor and the appropriations committees of the Legislature, 2499 conduct compensation surveys as necessary for the purpose of 2500 achieving an equitable, competitive, market-based compensation 2501 policy for senior management service employees. 2502 (5) Establish a performance evaluation system for senior 2503 management service employees which takes into consideration 2504 individual and organizational efficiency, productivity, and 2505 effectiveness. 2506(d)A system of rating duties and responsibilities for2507positions within the Senior Management Service and the2508qualifications of candidates for those positions.2509 (6)(e)Establish a system for documenting actions taken on 2510 agency requests for approval of position exemptions and special 2511 pay increases for senior management service employees. 2512 (7) Adopt and administer personnel rules, records, and 2513 reports relating to employees and positions in the Senior 2514 Management Service, as well as any other rules or procedures 2515 relating to personnel administration which are necessary for 2516 carrying out the purposes of this part. 2517 (a) The rules adopted by the department must comply with 2518 all federal regulations necessary for state agencies to receive 2519 federal funds. 2520 (b) Each agency shall operate within the personnel rules 2521 adopted by the department pursuant to this part. 2522 (c) The agency shall maintain up-to-date records and 2523 reports required by applicable rules. 2524 (d) The department may develop uniform forms and 2525 instructions to be used in connection with personnel 2526 transactions as the department deems appropriate. 2527(f)Requirements regarding recordkeeping by agencies with2528respect to Senior Management Service positions. Such records2529shall be audited periodically by the Department of Management2530Services to determine agency compliance with the provisions of2531this part and the rules of the Department of Management2532Services.2533(g)Other procedures relating to personnel administration2534to carry out the purposes of this part.2535(h)A program of affirmative and positive action that will2536ensure full utilization of women and minorities in Senior2537Management Service positions.2538(2)The powers, duties, and functions of the department of2539Management Services shall include responsibility for the policy2540administration of the Senior Management Service.2541(3)The department shall have the following additional2542responsibilities:2543(a)To establish and administer a professional development2544program that shall provide for the systematic development of2545managerial, executive, or administrative skills. Such a program2546shall include the following topics:25471.Improving the performance of individual employees. This2548topic provides skills in understanding and motivating individual2549performance, providing effective and timely evaluations of2550employees, and making recommendations on performance incentives2551and disincentives.25522.Improving the performance of groups of employees. This2553topic provides skills in creating and maintaining productive2554workgroups and making recommendations on performance incentives2555and disincentives.25563.Relating the efforts of employees to the goals of the2557organization. This topic provides skills in linking the work of2558individual employees to the goals of the agency program,2559service, or activity.25604.Strategic planning. This topic provides the skills for2561defining agency business processes, measuring performance of2562such processes, and reengineering such processes for improved2563efficiency and effectiveness.25645.Team leadership. This topic provides skills in effective2565group processes for organizational motivation and productivity2566based on proven business and military applications that2567emphasize respect for and courtesy to the public.2568(b)To promote public understanding of the purposes,2569policies, and programs of the Senior Management Service.2570(c)To approve contracts of employing agencies with persons2571engaged in the business of conducting multistate executive2572searches to identify qualified and available applicants for2573Senior Management Service positions for which the department2574sets salaries in accordance with the classification and pay2575plan. Such contracts may be entered by the agency head only2576after completion of an unsuccessful in-house search. The2577department shall establish, by rule, the minimum qualifications2578for persons desiring to conduct executive searches, including a2579requirement for the use of contingency contracts. These rules2580shall ensure that such persons possess the requisite capacities2581to perform effectively at competitive industry prices. These2582rules shall also comply with state and federal laws and2583regulations governing equal opportunity employment.2584(4)All policies and procedures adopted by the department2585regarding the Senior Management Service shall comply with all2586federal regulations necessary to permit the state agencies to be2587eligible to receive federal funds.2588(5)The department shall adopt, by rule, procedures for2589Senior Management Service employees that require disclosure to2590the agency head of any application for or offer of employment,2591gift, contractual relationship, or financial interest with any2592individual, partnership, association, corporation, utility, or2593other organization, whether public or private, doing business2594with or subject to regulation by the agency.2595 Section 45. Section 110.4035, Florida Statutes, is created 2596 to read: 2597 110.4035 Recruitment.— 2598 (1) Each state agency is responsible for establishing a 2599 process for employing, advancing, and deploying executive level 2600 managers to meet agency needs. 2601 (2) If normal recruitment efforts are unsuccessful, the 2602 agency may contract with a person or firm to conduct a 2603 multistate search for executive level managers which satisfies 2604 the following criteria: 2605 (a) Willingness to accept contingency contracts with fees 2606 that do not exceed 30 percent of the annual salary of the 2607 applicant, to be paid upon employment of the applicant produced 2608 by the search. 2609 (b) Demonstrated capacity to perform effectively at 2610 competitive industry prices. 2611 (c) Evidence of successful placements in the public sector 2612 by level and type of placement. 2613 (d) Agreement for the delivery of services within 90 2614 calendar days after the date of the requested search by the 2615 agency, unless an extension is granted by the agency. 2616 (e) Ability to attract minorities and women as evidenced by 2617 applicant pools generated for previous clients. 2618 Section 46. The Division of Statutory Revision is requested 2619 to create part IX of chapter 112, Florida Statutes, to be 2620 entitled “State Employment,” and consisting of ss. 112.906 2621 112.933, Florida Statutes. 2622 Section 47. Section 112.906, Florida Statutes, is created 2623 to read: 2624 112.906 Definitions.—As used in this part, the term: 2625 (1) “Department” means the Department of Management 2626 Services. 2627 (2) “Other personal services” has the same meaning as in s. 2628 216.011(1). 2629 (3) “State agency” or “agency” means any official, officer, 2630 commission, board, authority, council, committee, or department 2631 of the executive branch or judicial branch of state government 2632 as defined in chapter 216, unless otherwise exempted by law. 2633 (4) “State employee” or “employee” means an employee of a 2634 state agency. 2635 Section 48. Section 110.131, Florida Statutes, is 2636 transferred, renumbered as section 112.907, Florida Statutes, 2637 and amended to read: 2638 112.907110.131Other-personal-servicestemporary2639 employment.— 2640(1)As used in this section, the term “agency” means any2641official, officer, commission, board, authority, council,2642committee, or department of the executive branch of state2643government and means any officer, court, commission, or other2644unit of the judicial branch of state government supported in2645whole or in part by appropriations made by the Legislature.2646 (1)(2)An agency may employ any qualified individual in 2647 other-personal-servicestemporaryemploymentfor 1,040 hours2648within any 12-month period. For each other personal services 2649 employee, the agency shall: 2650 (a) Maintain employee records identifying, at a minimum, 2651 the person employed, hire date, type of other personal services 2652 employment, and the number of hours worked. 2653 (b) Determine the appropriate rate of pay and ensure that 2654 all payments are in compliance with the federal Fair Labor 2655 Standards Act and state law. 2656 (c) Review, determine, and document by June 30 of each year 2657 that the continuation of each other personal services employment 2658 position is necessary to the mission of the agency. This review 2659 processAn extension beyond a total of 1,040 hours within an2660agency for any individual requires a recommendation by the2661agency head and approval by the Executive Office of the2662Governor. Approval of extensions shall be made in accordance2663with criteria established by the department. Each agency shall2664maintain employee information as specified by the department2665regarding each extension of other-personal-services temporary2666employment. The time limitation established by this subsection2667 does not apply to board members; consultants; seasonal 2668 employees; institutional clients employed as part of their 2669 rehabilitation; bona fide, degree-seeking students in accredited 2670 secondary or postsecondary educational programs; employees hired 2671 to deal with an emergency situation that affects the public 2672 health, safety, or welfare; or employees hired for a project 2673 that is identified by a specific appropriation or time-limited 2674 grant. 2675 (2) Unless specifically provided by law, other personal 2676 services employees are not eligible for any form of paid leave, 2677 paid holidays, paid personal day, participation in state group 2678 insurance or retirement benefits, or any other state employee 2679 benefit. Other personal services employees may be included in 2680 that part of an agency’s recognition and reward program that 2681 recognizes and rewards employees who submit innovative ideas 2682 that increase productivity, eliminate or reduce state 2683 expenditures, improve operations, or generate additional 2684 revenue, or who meet or exceed the agency’s established criteria 2685 for a project or goal. 2686 (3) Each agency that is authorized to adopt rules governing 2687 the terms and conditions of employment may adopt rules necessary 2688 to administer this section. 2689(3)The department shall adopt rules providing that other2690personal-services temporary employment in an employer-employee2691relationship shall be used for short-term tasks. Such rules2692shall specify the employment categories, terms, conditions, rate2693of pay, and frequency of other-personal-services temporary2694employment and the duration for which such employment may last;2695specify criteria for approving extensions beyond the time2696limitation provided in subsection (2); and prescribe2697recordkeeping and reporting requirements for other-personal2698services employment.2699(4)The department shall prepare written material2700explaining the terms and conditions of other-personal-services2701employment and shall provide master copies to each agency. Each2702agency shall provide each of its applicants for such employment2703with a copy thereof at the time of application and shall discuss2704the information contained thereon with each applicant at the2705time of interview or employment commencement, whichever occurs2706sooner.2707(5)The department shall maintain information relating to2708other-personal-services employment for each agency. Such2709information shall include:2710(a)The total amount of compensation for other-personal2711services personnel, by employment category, for the preceding2712fiscal year.2713(b)The name, social security number, employment category,2714employment commencement date, and number of hours worked for2715each individual whose initial other-personal-services temporary2716employment began before the start of the preceding fiscal year2717and who was still employed as an other-personal-services2718temporary employee at the end of the preceding fiscal year.2719(6)(a)The provisions of subsections (2), (3), and (4) do2720not apply to any employee for whom the Board of Governors of the2721State University System, or the board’s designee, or the Board2722of Trustees of the Florida School for the Deaf and the Blind is2723the employer as defined in s.447.203(2); except that, for2724purposes of subsection (5), the Board of Trustees of the Florida2725School for the Deaf and the Blind shall comply with the2726recordkeeping and reporting requirements adopted by the2727department pursuant to subsection (3) with respect to those2728other-personal-services employees exempted by this subsection.2729(b)The provisions of subsections (2), (3), and (4) do not2730apply to any employee of the Division of Blind Services Library2731for the Blind and Physically Handicapped for whom the Division2732of Blind Services is the employer as defined in s.447.203(2);2733except that, for purposes of subsection (5), the Division of2734Blind Services shall comply with the recordkeeping and reporting2735requirements adopted by the department pursuant to subsection2736(3) with respect to those other-personal-services employees2737exempted by this subsection.2738(c)Notwithstanding the provisions of this section, the2739agency head or his or her designee may extend the other2740personal-services employment of a health care practitioner2741licensed pursuant to chapter 458, chapter 459, chapter 460,2742chapter 461, chapter 463, part I of chapter 464, chapter 466,2743chapter 468, chapter 483, chapter 486, or chapter 490 beyond27442,080 hours and may employ such practitioner on an hourly or2745other basis.2746(7)The Department of Management Services shall annually2747assess agencies for the regulation of other personal services on2748a pro rata share basis not to exceed an amount as provided in2749the General Appropriations Act.2750 Section 49. Section 110.1315, Florida Statutes, is 2751 transferred, renumbered as section 112.908, Florida Statutes, 2752 and amended to read: 2753 112.908110.1315Alternative retirement benefits; other 2754 personal-services employees.— 2755 (1) Upon review andrecommendation of the department and2756 approval of the Executive Office of the Governor, the Department 2757 of Financial Services shall providedepartment maycontract for2758theimplementationofan alternative retirement income security 2759 program for eligible temporary and seasonal employees of the 2760 state who are compensated from appropriations for other personal 2761 services. The Department of Financial Services may contract with 2762may provide fora private vendor or vendors to administer the 2763 program under a defined-contribution plan under ss. 401(a) and 2764 403(b) or s. 457 of the Internal Revenue Code, and the program 2765 must provide retirement benefits as required under s. 2766 3121(b)(7)(F) of the Internal Revenue Code. The Department of 2767 Financial Servicesdepartmentmay develop a request for 2768 proposals and solicit qualified vendors to compete for the award 2769 of the contract. A vendor shall be selected on the basis of the 2770 plan that best serves the interest of the participating 2771 employees and the state. The proposal must comply with all 2772 necessary federal and state laws and rules. 2773 (2) The Department of Financial Services may adopt rules 2774 necessary to administer this section. 2775 Section 50. Section 110.1128, Florida Statutes, is 2776 transferred and renumbered as section 112.909, Florida Statutes. 2777 Section 51. Section 112.910, Florida Statutes, is created 2778 to read: 2779 112.910 Equal employment opportunity.— 2780 (1) It is the policy of this state to assist in ensuring 2781 equal employment opportunity through programs of affirmative and 2782 positive action which allow full utilization of women and 2783 minorities. 2784 (2) The head of each executive agency shall develop and 2785 implement an affirmative action plan in accordance with this 2786 section and applicable state and federal laws. 2787 (a) Each executive agency shall establish annual goals for 2788 ensuring the full utilization of groups underrepresented in its 2789 workforce as compared to the relevant labor market as defined by 2790 the agency and shall design its affirmative action plan to meet 2791 those goals. 2792 (b) The head of each executive agency shall appoint an 2793 equal employment opportunity officer. 2794 (c) By October 1 of each year, each executive agency that 2795 is not part of the State Personnel System shall report to the 2796 Executive Office of the Governor information relating to the 2797 implementation, continuance, updating, and results of the 2798 agency’s affirmative action plan for the previous fiscal year. 2799 (3) Each state attorney and public defender shall: 2800 (a) Develop and implement an affirmative action plan. 2801 (b) Establish annual goals for ensuring the full 2802 utilization of groups underrepresented in its workforce as 2803 compared to the relevant labor market in this state and design 2804 its affirmative action plan to meet those goals. 2805 (c) Appoint an affirmative action equal employment 2806 opportunity officer. 2807 (d) Report annually to the Justice Administrative 2808 Commission on the implementation, continuance, updating, and 2809 results of his or her affirmative action program for the 2810 previous fiscal year. 2811 (4) An individual claiming to be aggrieved by an unlawful 2812 employment practice may file a complaint with the Florida 2813 Commission on Human Relations as provided under s. 760.11. 2814 Section 52. Section 112.911, Florida Statutes, is created 2815 to read: 2816 112.911 Nondiscrimination in employment.— 2817 (1) It is the policy of the state that all appointments, 2818 terminations, assignments, and maintenance of status, 2819 compensation, privileges, and other terms and conditions of 2820 employment be made without regard to age, sex, race, color, 2821 religion, national origin, political affiliation, marital 2822 status, disability, or genetic information unless a specific 2823 requirement constitutes a bona fide occupational qualification. 2824 (2) The state, its agencies, and officers shall ensure 2825 freedom from discrimination in employment as provided by the 2826 Florida Civil Rights Act of 1992, s. 112.044, and this chapter. 2827 Section 53. Section 110.1221, Florida Statutes, is 2828 transferred, renumbered as section 112.912, Florida Statutes, 2829 and amended to read: 2830 112.912110.1221Sexual harassment policy; executive agency2831rules.—It is the policy of the state that sexual harassment is a 2832 form of discrimination. Each agency that has authority to adopt 2833 rules governing the terms and conditions of employmentThe2834departmentshall adopt uniform sexual harassment rules 2835applicable to all executive agencies. Suchtherules must define 2836 the term “sexual harassment” in a manner consistent with the 2837 federal definition. 2838 Section 54. Section 110.122, Florida Statutes, is 2839 transferred, renumbered as section 112.913, Florida Statutes, 2840 and amended to read: 2841 112.913110.122Terminal payment for accumulated sick 2842 leave.— 2843 (1) All state branches, departments,and agencies that are 2844 authorizedwhich have the authorityto establish or approve 2845 personnel policies for employees and to employ personnel and 2846 establish the conditions of their employment shall establish 2847 policies thattoprovide terminal“incentive”pay for 2848 accumulated and unused sick leave to each employee uponnormal2849or regularretirementfor reason other than disabilityor upon 2850 termination of employment, or to the employee’s beneficiary if 2851 service is terminated by death if, providedsuch retirement, 2852 termination, or death occurs after 10 years of creditable state 2853 employment. 2854 (2) Each entity that is authorized to adopt rules governing 2855 the terms and conditions of employmentThe employing entity2856 shall establish and publish rules governing the accumulation and 2857 use of sick leave. The employing entity shallandmaintain 2858 accurate and reliable records showing the amount of sick leave 2859 thatwhichhas accumulated and is unused by the employee at the 2860 time of retirement, death, or termination. 2861 (3) The payments authorized by this section shall be 2862 determined by using the rate of pay received by the employee at 2863 the time of retirement, termination, or death, applied to the 2864 sick leave time for which the employee is qualified to receive 2865 terminal“incentive”pay under the rules adoptedby the2866departmentpursuant tothe provisions ofthis section. The rules 2867 and policies must provideadopted pursuant to this section shall2868permitterminal pay for sick leave equal to one-fourthone2869eighthof all unused sick leave creditaccumulated prior to2870October 1, 1973, plus one-fourth of all unused sick leave2871accumulated on or after October 1, 1973. However, terminal pay 2872 allowable for unused sick leave mayaccumulated on or after2873October 1, 1973,shallnot exceeda maximum of480 hours of 2874 actual payment.Employees shall be required to use all sick2875leave accumulated prior to October 1, 1973, before using sick2876leave accumulated on or after October 1, 1973.2877 (4) The payments made pursuant to this section areshall2878 not salary paymentsbe consideredin any state-administered 2879 retirement systemas salary paymentsand mayshallnot be used 2880 in determining the average final compensation of an employee in 2881 any state-administered retirement system. 2882 (5) All rights and benefits provided under this section 2883 shall be forfeited by ananyemployee: 2884 (a) Who is found guilty in a court of competent 2885 jurisdiction of committing, aiding, or abetting any embezzlement 2886 or theft from the employee’s employer or bribery in connection 2887 with the employment, committed beforeprior toretirement or 10 2888 years of10-year normalcreditable state employmenttermination; 2889 (b) Whose employment is terminated by reason of the 2890 employee having admitted committing, aiding, or abetting an 2891 embezzlement or theft from his or her employer or by reason of 2892 bribery; 2893 (c) Who, prior to 10 years of10-yearnormalcreditable 2894 state employmentterminationor retirement is adjudged by a 2895 court of competent jurisdiction to have violated any state law 2896 against strikes by public employees; or 2897 (d) Who has been found guilty by a court of competent 2898 jurisdiction of violating any state law prohibiting strikes by 2899 public employees,shall forfeit all rights and benefits under2900this section. 2901 (6) An employee whose employment terminates as a result of 2902 an act committed subject to this subsection mayshallnot be 2903 given credit for unused sick leave accumulated beforeprior to2904 termination ifshouldthe employee isbereemployed at a later 2905 date. 2906 Section 55. Section 110.121, Florida Statutes, is 2907 transferred, renumbered as section 112.914, Florida Statutes, 2908 and amended to read: 2909 112.914110.121Sick leave pool.—Each entity that 2910department oragencyof the state whichhas authority to adopt 2911 rules governing the accumulation and use of sick leave for 2912 employees, and thatwhichmaintains accurate and reliable 2913 records showing the amount of sick leave which has been 2914 accumulated and is unused by employees, may, in accordance with2915guidelines which shall be established by the Department of2916Management Services,adopt rules establishingfor the2917establishment ofa plan that allowsallowingparticipating 2918 employees to pool and use sick leaveand allowingany sick leave2919thuspooled to be usedby any participating employee who has2920used all of the sick leave that has been personally accrued by2921him or her.Although not limited to the following,Such rules 2922 mustshallprovide, but need not be limited to: 2923 (1) Minimum eligibility criteriaThat employees shall be2924eligiblefor participation in the sick leave poolafter 1 year2925of employment with the state or agency of the state; provided2926that such employee has accrued a minimum amount of unused sick2927leave, which minimum shall be established by rule. 2928 (2) That participation in the sick leave pool isshall, at2929all times, bevoluntary on the part of the employees. 2930 (3) That any sick leave pooled shall be removed from the 2931 personally accumulated sick leave balance of the employee 2932 contributing such leave. 2933 (4) That any sick leave in the pool whichleaveis used by 2934 a participating employee isshall beused only for the 2935 employee’s personal illness, accident, or injury. 2936 (5) That a participating employee mayshallnotbe eligible2937touse sick leave accumulated in the pool until all of his or 2938 her personally accrued sick, annual, and compensatory leave, and 2939 personal day, havehasbeen used. 2940 (6) TheAmaximum number of hoursdaysof sick leave in the 2941 pool which any one employee may use. 2942 (7) That a participating employee who uses sick leave from 2943 the pool isshallnotberequired to recontribute such sick 2944 leave to the pool, except as otherwise provided in this section. 2945 (8) That an employee who cancels his or her membership in 2946 the sick leave pool mayshallnotbe eligible towithdraw the 2947 hoursdaysof sick leave contributed by that employee to the 2948 pool. 2949 (9) That an employee who movestransfersfrom aone2950 position in one agencystate governmentto aanotherposition in 2951 another agencystate governmentmay transfer from one pool to 2952 another ifthe eligibility criteria of the pools are comparable2953orthe administrators of the pools have agreed on thea formula2954fortransfer of credits. 2955 (10) That alleged abuse of the use of the sick leave pool 2956 shall be investigated, and, on a finding of wrongdoing, the 2957 employee mustshallrepay all of the sick leave credits drawn 2958 from the sick leave pool and isshall besubject to such other 2959 disciplinary action as is determined by the agency head. 2960 (11) That sick leave credits may be drawn from the sick 2961 leave pool by a part-time employee on a pro rata basis. 2962 Section 56. Section 110.119, Florida Statutes, is 2963 transferred, renumbered as section 112.915, Florida Statutes, 2964 and amended to read: 2965 112.915110.119Administrative leave for military-service 2966 connectedreexamination or treatment with respect toservice2967connecteddisability.— 2968(1)AnAnyemployeeof the statewho has been rated by the 2969 United States Department of Veterans Affairs or its predecessor 2970 to have incurred a service-connected disability and has been 2971 scheduled by the United States Department of Veterans Affairs to 2972 be reexamined or treated for the disability shall be granted 2973 administrative leave for such reexamination or treatment without 2974 loss of pay or benefits. However, suchIn no event shall the2975 paid leave may notunder this sectionexceed 48 hours per62976 calendardays ayear. 2977(2)The department may adopt any rule necessary to carry2978out the purpose of this section.2979 Section 57. Section 110.120, Florida Statutes, is 2980 transferred, renumbered as section 112.916, Florida Statutes, 2981 and amended to read: 2982 112.916110.120Administrative leave for disaster service 2983 volunteers.— 2984 (1) SHORT TITLE.—This sectionshall be known andmay be 2985 cited as the “Florida Disaster Volunteer Leave Act.” 2986 (2) DEFINITIONS.—As used in this section, the following 2987 terms shall apply: 2988 (a) “State agency” means any official, officer, commission, 2989 board, authority, council, committee, or department of the 2990 executive branch of state government. 2991 (b) “Disaster” includes disasters designated at level II 2992 and above in the American National Red Cross regulations and 2993 procedures. 2994 (3) LEAVE OF ABSENCE.—An employee of a state agency who is 2995 a certified disaster service volunteer of the American Red Cross 2996 may be granted a leave of absence with pay for up tonot more2997than15 working days in any 12-month period to participate in 2998 specialized disaster relief services for the American Red Cross. 2999 Such leave of absence may be granted upon the request of the 3000 American Red Cross and upon the approval of the employer 3001employee’s employingagency. An employee granted leave under 3002 this section mayshallnot be deemedto bean employee of the 3003 state for purposes of workers’ compensation. Leave under this 3004 sectionactmay be granted only for services related to a 3005 disaster occurring within the boundaries of the State of 3006 Florida, except that, with the approval of the Governor and 3007 Cabinet, leave may be granted for services in response to a 3008 disaster occurring within the boundaries of the United States. 3009 Section 58. Section 110.1091, Florida Statutes, is 3010 transferred, renumbered as section 112.917, Florida Statutes, 3011 and amended to read: 3012 112.917110.1091Employee assistance programs; public 3013 records exemption.— 3014 (1) AAn employingstate agency may provide a counseling, 3015 therapeutic, or other professional treatment program to assist a 3016anystate employee who has a behavioral disorder, medical 3017 disorder, or substance abuse problem or who has an emotional 3018 difficulty that affects the employee’s job performance. TheEach3019employing stateagency may designate community diagnostic and 3020 referral resources as necessary to implementthe provisions of3021 this subsection. 3022 (2) A state employee’s personal identifying information 3023 contained in records held by aan employingstate agency 3024 relating to an employee’s participation in an employee 3025 assistance program is confidential and exempt fromthe3026provisions ofs. 119.07(1) and s. 24(a), Art. I of the State 3027 Constitution. 3028 Section 59. Section 110.151, Florida Statutes, is 3029 transferred, renumbered as section 112.918, Florida Statutes, 3030 and amended to read: 3031 112.918110.151State officers’ and employees’Child care 3032 services.— 3033 (1) A state agency may establishThe Department of3034Management Services shall approve, administer, and coordinate 3035 child care services forstate officers’ andemployees’ children 3036 or dependents.Duties shall include, but not be limited to,3037reviewing and approving requests from state agencies for child3038care services; providing technical assistance on child care3039program startup and operation; and assisting other agencies in3040conducting needs assessments, designing centers, and selecting3041service providers.Primary emphasis for child care services 3042 shall be given to children who are not subject to compulsory 3043 school attendance pursuant to part II of chapter 1003, and, to 3044 the extent possible, emphasis shall be placed on child care for 3045 children aged 2 and under. 3046 (2) Child care programs may be located in state-owned 3047 office buildings, educational facilities and institutions, 3048 custodial facilities and institutions, and, with the consent of 3049 the President of the Senate and the Speaker of the House of 3050 Representatives, in buildings or spaces used for legislative 3051 activities. In addition, centers may be located in privately 3052 owned buildings conveniently located to the place of employment 3053 of thoseofficers andemployees to be served by the centers. If 3054 a child care program is located in a state-owned office 3055 building, educational facility or institution, or custodial 3056 facility or institution, or in a privately owned building leased 3057 by the state, a portion of the service provider’s rental fees 3058 for child care space may be waived by the sponsoring agency in 3059 accordance with the rules of the department’s Facilities Program 3060Department of Management Services. Additionally, the sponsoring 3061 state agency may be responsible for the maintenance, utilities, 3062 and other operating costs associated with the child care center. 3063 (3) Except as otherwise provided in this section, the cost 3064 of child care services shall be offset by fees charged to 3065 employees who use thechild careservices. Requests for 3066 proposals may provide for a sliding fee schedule based on, with3067fees charged on the basis ofthe employee’s household income. 3068 (4) The provider of proposed child care services shall be 3069 selected by competitive contract.Requests for proposals shall3070be developed with the assistance of, and subject to the approval3071of, the Department of Management Services.Management of the 3072 contract with the service provider isshall bethe 3073 responsibility of the sponsoring state agency. 3074 (5) An operator selected to provide services must comply 3075 with all state and local standards for the licensure and 3076 operation of child care facilities, maintain adequate liability 3077 insurance coverage, and assume financial and legal 3078 responsibility for the operation of the program.NeitherThe 3079 operator of andnorany personnel employed by or at a child care 3080 facility may notshallbe deemedto beemployees of the state. 3081 However, the sponsoring state agency may be responsible for the 3082 operation of the child care center ifwhen: 3083 (a) A second request for proposals fails to procure a 3084 qualified service provider; or 3085 (b) The service provider’s contract is canceled and 3086 attempts to procure another qualified service provider are 3087 unsuccessful;3088 3089and plans for direct operation are approved by the Department of3090Management Services. 3091 (6) In the areas where the state has an insufficient number 3092 of employees to justify a worksite center, a state agency may 3093 join in a consortium arrangement usingutilizingavailable state 3094 facilities with not-for-profit corporations or other public 3095 employers to provide child care services tobothpublic 3096 employees and employees of private sector employers. The 3097 consortium agreement must first address the unmet child care 3098 needs of the children of the public employees whose employers 3099 are members of the consortium, and then address the child care 3100 needs of private sector employees. 3101(7) The Department of Management Services may adopt any3102rules necessary to achieve the purposes of this section.3103 Section 60. Section 110.181, Florida Statutes, is 3104 transferred and renumbered as section 112.919, Florida Statutes. 3105 Section 61. Section 110.1225, Florida Statutes, is 3106 transferred, renumbered as section 112.920, Florida Statutes, 3107 and amended to read: 3108 112.920110.1225Furloughs.—IfWhena deficit is projected 3109by the Revenue Estimating Conference pursuant to s.216.136(3),3110 in any state agency fund that supports salary and benefit 3111 appropriations, the agencyAdministration Commissionmay, upon 3112 the approval by the Governor or the Chief Justice of the Supreme 3113 Court, propose a furlough plan to the Legislative Budget 3114 CommissionLegislature, which must approve or disapprove such 3115 plan. The plan must identify all affected positions and ensure 3116 that all affected employees within a budget entity are subject 3117 to the same reduction of hours for the same number of pay 3118 periods with a commensurate reduction in pay. If authorized by 3119 the Legislature as a cost-savings measure to address anticipated 3120 short-term shortfalls to funds that support salary and benefit 3121 appropriations for a specified fiscal year, an agency may also 3122 impose furloughs as directed by the Legislature in the General 3123 Appropriations Act. For the purposes of this section, the term 3124 “furlough” means a temporary reduction in the regular hours of 3125 employment administered as leave without pay. 3126 Section 62. Section 110.1155, Florida Statutes, is 3127 transferred and renumbered as section 112.921, Florida Statutes. 3128 Section 63. Section 110.191, Florida Statutes, is 3129 transferred, renumbered as section 112.922, Florida Statutes, 3130 and amended to read: 3131 112.922110.191State employee leasing.— 3132 (1) IfIn situations wherethe Legislature has expressly 3133 authorized athestate, anagency, or the judicial branch as3134defined in s.110.107to lease employees, the Executive Office 3135 of the Governor for the executive branch or the Chief Justice 3136 for the judicial branch may authorizeany ofthe following 3137 actions related to such state employee leasing activities if,3138provided thatthe direct cost of such actions is to be paid or 3139 reimbursed within 30 days after payment by the entity or person 3140 to whom the employees are leased: 3141 (a) Creation ofCreatea separate budget entity from which 3142 leased employees areshall bepaid and the transfer of the 3143 positions authorized to be leased to that budget entity. 3144 (b)ProvideIncreases in the operating budget entity. 3145 (c)AuthorizedLump-sum salary bonuses to leased 3146 employees.;However, any lump-sum salary bonus above the 3147 automatic salary increases which may be contained in the General 3148 Appropriations Act must be funded from private sources. 3149 (d)ApproveIncreases in salary rate for positions that 3150whichare leased.;However, any salary rate above the automatic 3151 salary increases which may be contained in the General 3152 Appropriations Act must be funded from private sources. 3153 (e) The waiver ofWaiveany requirement for automatic 3154 salary increases thatwhichmay be contained in the General 3155 Appropriations Act. 3156 (2) Positions thatwhichare in the Senior Management 3157 ServiceSystemor the Selected Exempt ServiceSystemon the day 3158 before the state employee lease agreement takes effectshall3159 remain in the respective system if the duties performed by the 3160 position during the assignment of the state employee lease 3161 agreement are comparable as determined by the department. Those 3162 senior management servicesystemor selected exempt service 3163systempositions thatwhichare not determined comparable by the 3164 department, and positions thatwhichare in other pay plans on 3165 the day before the lease agreement takes effect,shallhave the 3166 same salaries and benefits provided to employees of the Office 3167 of the Governor pursuant to s. 110.205(2)(h)2.110.205(2)(l)2.3168 Section 64. Section 110.1082, Florida Statutes, is 3169 transferred, renumbered as section 112.923, Florida Statutes, 3170 and amended to read: 3171 112.923110.1082Telephonevoice mail systems and telephone3172menu optionssystems.— 3173 (1) ANostate employee may not useshall utilizea voice 3174 mail system when the employee is at his or her regularly 3175 assigned work station where his or her telephone is functional 3176 and available for use, unless: 3177 (a) The telephonedeviceis in use, and/or; 3178 (b) TheSuchvoice mail system alerts the caller to, and 3179 provides the caller with access to, a nonelectronic attendant; 3180 or 3181 (c) TheSuchvoice mail system automatically transfers the 3182 caller to a nonelectronic attendant. 3183 (2) Telephone menu options systems used by state agencies 3184 must, departments, or other state government units willalert 3185 the caller to, and provide the caller with access to, a 3186 nonelectronic attendant. 3187 (3) Agency heads shallwillensure compliance withthe3188provisions ofthis section. 3189 Section 65. Section 110.1165, Florida Statutes, is 3190 transferred, renumbered as section 112.924, Florida Statutes, 3191 and subsections (1) and (2) of that section are amended to read: 3192 112.924110.1165Executive branch personnel errors; 3193 limitation of actions for compensation.— 3194 (1) An agency of the executive branch, including the State 3195 University System, shall establish procedures for the receipt, 3196 consideration, and disposition of a claim regarding pay or 3197 benefits brought by an employee if thewhen thatemployee is 3198 damaged as a result of being provided with erroneous written 3199 information by theemployingagency regarding his or her pay or 3200 benefits, and the employee detrimentally relies upon such 3201 written information. In order to qualify for the reliefprovided3202by this section, the employee’s reliance on the representation 3203 must have been reasonable and basedonlyupon only the written 3204 representations made by those persons authorized by the agency 3205 head to make such representations.Furthermore,The erroneous 3206 calculation and payment of an employee’s salary, wages, or 3207 benefits is not among the written representations thatwhich3208willtrigger relief under this section. 3209 (2) An agency of the executive branch, including the State 3210 University System, mayis authorized totake appropriatesuch3211 actionas may be appropriateto provide a remedy for an employee 3212 concerning his or her claim regarding detrimental reliance on 3213 erroneous written information provided by theemployingagency 3214 relating to pay and benefits if, providedsuch remedy is within 3215 the purview of the agency’s authority. The agency may nothas no3216authority whatsoever tomodify the state retirement system or 3217 the state insurance program. Any monetary remedy afforded by the 3218 agency must fall within the agency’s budgetary authority. Any 3219 person dissatisfied with the outcome of this process may file 3220eithera grievance pursuant to the agency’s internal grievance 3221 process or an appeal to the Division of Administrative Hearings 3222 pursuant to chapter 120, but not both. 3223 Section 66. Section 110.113, Florida Statutes, is 3224 transferred, renumbered as section 112.925, Florida Statutes, 3225 and amended to read: 3226 112.925110.113Pay periods for state officers and 3227 employees; salary payments by direct deposit.— 3228 (1)The normal pay period for salaries of state officers3229and employees shall be 1 month.The Department of Financial 3230 Services shall issueeithermonthly or biweekly salary payments 3231 to state officers and employeesby state warrants or by direct3232depositpursuant to s. 17.076or make semimonthly salary3233payments by direct deposit pursuant to s.17.076,as requested 3234 by each state employment system andthe head of each state3235agency andapproved by theExecutive Office of the Governor and3236theDepartment of Financial Services. 3237 (2) As a condition of employment, aperson appointed to a3238position instate employee mustgovernment isrequired to3239 participate in the direct deposit program pursuant to s. 17.076. 3240 An employee may request an exemption fromthe provisions ofthis 3241 subsection if thewhen suchemployee can demonstrate a hardship 3242 or if thewhensuchemployee is in an other-personal-services 3243 position. 3244 Section 67. Section 110.114, Florida Statutes, is 3245 transferred and renumbered as section 112.926, Florida Statutes. 3246 Section 68. Section 112.927, Florida Statutes, is created 3247 to read: 3248 112.927 Human resource information system.—The department 3249 may contract with other agencies or state governmental entities 3250 outside the State Personnel System to establish and maintain 3251 positions and use the human resource information system 3252 established under s. 110.116 for its human resource 3253 functionality as well as benefits administration. The use and 3254 operation of the human resource information system shall be 3255 based upon the design rules set forth by the department, and 3256 such agencies and state governmental entities may be required to 3257 conform their respective human resource business rules and 3258 practices to the business rules and practices existing within 3259 the human resource information system in order to minimize 3260 additional system customization and to maximize system 3261 efficiencies. Payment for usage shall be in accordance with s. 3262 110.125(2). 3263 Section 69. Section 110.1127, Florida Statutes, is 3264 transferred, renumbered as section 112.928, Florida Statutes, 3265 and amended to read: 3266 112.928110.1127Employee background screening and 3267 investigationssecurity checks.— 3268 (1) Except as provided in subsection (2), each state agency 3269 shall designate those positions that, based on the position 3270 duties, require security background screening. All persons and 3271 employees in such positions must undergo employment screening in 3272 accordance with chapter 435, using level 1 screening standards, 3273 as a condition of employment and continued employment. 3274 (2)(1)Each stateemployingagency shall designate those 3275employeepositions that, because of the special trust or 3276 responsibility or sensitive location, require security 3277 background investigations. All persons and employees in such 3278 positions must undergo employment screening in accordance with 3279 chapter 435, using level 2 screening standardsof those3280positions, require that persons occupying those positions be3281subject to a security background check, including 3282 fingerprinting, as a condition of employment and continued 3283 employment. 3284(2)(a) All positions within the Division of Treasury of the 3285 Department of Financial Services are deemed to be positions of 3286 special trust or responsibility. Persons seeking or holding such 3287 positions, and a personmay be disqualified for employmentin3288any such positionby reason of: 3289 1. The conviction or prior conviction of a crime thatwhich3290 is reasonably related to the nature of the position sought or 3291 held by the individual; or 3292 2. The entering of a plea of nolo contendere or, when a 3293 jury verdict of guilty is rendered but adjudication of guilt is 3294 withheld, with respect to a crime thatwhichis reasonably 3295 related to the nature of the position sought or held by the 3296 individual. 3297(b) All employees of the division shall be required to3298undergo security background investigations, including3299fingerprinting, as a condition of employment and continued3300employment.3301 (b)(3)(a)All positions in programs providing care to 3302 children, the developmentally disabled, or vulnerable adults for 3303 15 hours or more per week; all permanent and temporary employee 3304 positions of the central abuse hotline; and all persons working 3305 under contract who have access to abuse records are deemed to be 3306 persons and positions of special trust or responsibility, and3307require employment screening pursuant to chapter 435, using the3308level 2 standards set forth in that chapter. 3309 1.(b)Theemployingagency may grant exemptions from 3310 disqualification from working with children, the developmentally 3311 disabled, or vulnerable adults as provided in s. 435.07. 3312(c) All persons and employees in such positions of trust or3313responsibility shall be required to undergo security background3314investigations as a condition of employment and continued3315employment. For the purposes of this subsection, security3316background investigations shall be conducted as provided in3317chapter 435, using the level 2 standards for screening set forth3318in that chapter.3319 2.(d)It is a misdemeanor of the first degree, punishable 3320 as provided in s. 775.082 or s. 775.083, for any person 3321 willfully, knowingly, or intentionally to: 3322 a.1.Fail, by false statement, misrepresentation, 3323 impersonation, or other fraudulent means, to disclose in any 3324 application for voluntary or paid employment a material fact 3325 used in making a determination as to such person’s 3326 qualifications for a position of special trust; 3327 b.2.Userecordsinformation contained in records for 3328 purposes other than background screening or investigation for 3329 employment, or release suchrecordsinformation to other persons 3330 for purposes other than preemployment screening or investigation 3331for employment. 3332 3.(e)It is a felony of the third degree, punishable as 3333 provided in s. 775.082, s. 775.083, or s. 775.084, for any 3334 person to willfully, knowingly, or intentionallytouse juvenile 3335 records information for any purposes other than those specified 3336 in this section or to release such information to other persons 3337 for purposes other than those specified in this section. 3338 (3)(4)Any person who is required to undergo such a 3339 security background screening or investigation and who refuses 3340 to cooperate in such screening or investigation or refuses to 3341 submit fingerprints shall be disqualified for employment in such 3342 position or, if employed, shall be dismissed. 3343 (4)(5)SuchBackground screening and investigations shall 3344 be conducted at the expense of the employing agency. IfWhen3345 fingerprinting is required, the fingerprintsof the employee or3346applicant for employmentshall be taken by theemployingagency 3347 or by an authorized law enforcement officer,andsubmitted to 3348 the Department of Law Enforcement for processing, and, if 3349forwarding, whenrequested by the employing agency, forwarded to 3350 the United States Department of Justice for processing. The 3351employingagency shall reimburse the Department of Law 3352 Enforcement for any costs incurred forby it in theprocessing 3353ofthe fingerprints. 3354 Section 70. Section 110.117, Florida Statutes, is 3355 transferred, renumbered as section 112.929, Florida Statutes, 3356 and amended to read: 3357 112.929110.117Paid holidays and personal day.— 3358 (1) The following holidays areshall bepaid holidays 3359 observed by all state branches and agencies: 3360 (a) New Year’s Day. 3361 (b) Birthday of Martin Luther King, Jr., third Monday in 3362 January. 3363 (c) Memorial Day. 3364 (d) Independence Day. 3365 (e) Labor Day. 3366 (f) Veterans’ Day, November 11. 3367 (g) Thanksgiving Day. 3368 (h) Friday after Thanksgiving. 3369 (i) Christmas Day. 3370 (j) If any of these holidays falls on Saturday, the 3371 preceding Friday shall be observed as a holiday. If any of these 3372 holidays falls on Sunday, the following Monday shall be observed 3373 as a holiday. 3374 (2) The Governor may declare, ifwhenappropriate, a state 3375 day of mourning in observance of the death of a person in 3376 recognition of service rendered to the state or nation. 3377 (3) Each full-time employee in an authorized and 3378 established position is entitled to one personal dayholiday3379 each year. Each part-time employee is entitled to a personal day 3380holidayeach year, which shall be calculated based on the full 3381 time equivalency of the positionproportionately to the personal3382holiday allowed to a full-time employee. TheSuchpersonal day 3383holidayshall be credited to eligible employees on July 1 of 3384 each year and musttobe taken byprior toJune 30 of the 3385 following year or forfeited. The personal day must be taken as a 3386 whole day and may not be used incrementally. Members of the 3387 teaching and research faculty of the State University System and 3388 administrative and professional positions exempted under s. 3389 110.205(2)(d) are not eligible for this benefit. 3390 (4) Other personal services employees are not eligible for 3391 paid holidays or a personal day. 3392 Section 71. Section 112.930, Florida Statutes, is created 3393 to read: 3394 112.930 Telework program.— 3395 (1) For the purposes of this section, the term “telework” 3396 means an alternative work arrangement that allows an employee to 3397 conduct all or some of his or her work away from the official 3398 work site during all or a portion of the employee’s established 3399 work hours on a regular basis. The term does not include, and a 3400 telework agreement is not required for: 3401 (a) Performance of required work duties away from the 3402 official work site and outside of established work hours on an 3403 occasional basis and sporadically working away from the official 3404 work site during all or some portion of the established work 3405 hours. These arrangements may be used by an agency to 3406 accommodate extenuating circumstances by allowing an employee to 3407 maintain productivity outside of the official work site. 3408 (b) Duties and responsibilities that, by their nature, are 3409 performed routinely in the field away from the official work 3410 site. 3411 (2) An agency may establish telework as an integral part of 3412 the normal business operations of the agency and require that 3413 specific work be performed through telework arrangements. 3414 Telework may also be used as part of an agency’s continuity of 3415 operations plan where appropriate. An agency shall provide 3416 telework as an optional alternative work arrangement to support 3417 employee needs and implement telework arrangements where deemed 3418 appropriate. 3419 (3) Each agency shall review all established positions and 3420 designate those positions that the agency deems appropriate for 3421 telework. The agency shall ensure this information is current 3422 and available to its employees and managers. In addition, each 3423 agency shall identify all currently participating employees and 3424 their respective positions in the human resource information 3425 system used by that agency. 3426 (4) Agencies that have a telework program shall develop an 3427 agency plan that addresses the agency’s telework policies and 3428 procedures. At a minimum, an agency telework plan must: 3429 (a) Establish criteria for evaluating the ability of 3430 employees to satisfactorily perform in a telework arrangement. 3431 (b) Establish performance standards that ensure that 3432 employees participating in the program maintain satisfactory 3433 performance levels. 3434 (c) Ensure teleworkers are subject to the same rules and 3435 disciplinary actions as other employees. 3436 (d) Establish the reasonable conditions that the agency 3437 plans to impose in order to ensure appropriate use and 3438 maintenance of any equipment issued by the agency. 3439 (e) Establish a system for monitoring the productivity of 3440 teleworking employees which ensures that the work output remains 3441 at a satisfactory level and that the duties and responsibilities 3442 of the position remain suitable for a telework arrangement. 3443 (f) Establish the appropriate physical and electronic 3444 information security controls to be maintained by a teleworker 3445 at the telework site. 3446 (g) Prohibit employees engaged in telework from conducting 3447 face-to-face state business at their residence. 3448 (5) Agencies that approve employees to use telework as an 3449 optional alternative work arrangement shall: 3450 (a) Require a written agreement between the teleworker and 3451 the agency which specifies the terms and conditions of the 3452 telework arrangement and provides for the termination of an 3453 employee’s participation in the program if the employee’s 3454 continued participation is not in the best interest of the 3455 agency. 3456 (b) Ensure that participation by an employee is voluntary 3457 and that the employee may discontinue participation after 3458 providing reasonable notice to the agency. 3459 (6) Agencies that require certain employees to telework as 3460 a part of normal business operations shall: 3461 (a) Include the requirement to telework and the associated 3462 terms and conditions as part of the position description, 3463 specifying the minimum amount of telework time required. 3464 (b) Provide at least 30 calendar days’ written notice to 3465 affected employees of intent to impose or remove a requirement 3466 to telework. 3467 (c) Provide at least 15 calendar days’ written notice to 3468 affected employees of intent to revise the terms and conditions 3469 of their current telework arrangement. 3470 (d) Provide equipment and supplies to an employee necessary 3471 to carry out job functions from the telework site. 3472 (e) Specify the telework requirement in any recruitment 3473 activities. 3474 (7) Agencies that have a telework program shall establish 3475 and track performance measures that support telework program 3476 analysis and report data annually to the department’s Facilities 3477 Program in accordance with s. 255.249(3)(d). Such measures must 3478 include, but need not be limited to, those that quantify: 3479 (a) Financial impacts associated with changes in office 3480 space requirements resulting from the telework program. State 3481 agencies operating in office space owned or managed by the 3482 department shall consult the Facilities Program to ensure 3483 consistency with the strategic leasing plan required under s. 3484 255.249(3)(b). 3485 (b) Energy consumption changes resulting from the telework 3486 program. 3487 (c) Greenhouse gas emission changes resulting from the 3488 telework program. 3489 (8) Agencies that have a telework program shall post the 3490 agency telework plan and any pertinent supporting documents on 3491 the agency website to allow access by employees and the public. 3492 (9) Agencies may approve other-personal-services employees 3493 to participate in telework programs. 3494 (10) Each agency that is authorized to adopt rules 3495 governing the terms and conditions of employment may adopt rules 3496 necessary to administer this section. 3497 Section 72. Section 112.931, Florida Statutes, is created 3498 to read: 3499 112.931 Savings sharing program.—Each state agency that is 3500 authorized to adopt rules governing the terms and conditions of 3501 employment may adopt rules that prescribe procedures and promote 3502 a savings sharing program for an individual or group of 3503 employees who propose procedures or ideas that are adopted and 3504 that result in eliminating or reducing state expenditures if 3505 such proposals are placed in effect and may be implemented under 3506 current statutory authority. 3507 (1) The agency head shall recommend employees individually 3508 or by group for a monetary award that is directly related to the 3509 cost savings realized. Each proposed award and the amount of the 3510 award must be approved by the Legislative Budget Commission. 3511 (2) Unless otherwise provided by law, all state agencies 3512 may participate in the program. The Chief Justice may establish 3513 a savings sharing program for employees of the judicial branch 3514 within the parameters established under this section. The 3515 program applies to all employees within the Civil Service, the 3516 Selected Exempt Service, and comparable employees within the 3517 judicial branch. 3518 (3) The department and the judicial branch shall annually 3519 submit information to the President of the Senate and the 3520 Speaker of the House of Representatives which outlines each 3521 agency’s level of participation in the program. At a minimum, 3522 the information must include: 3523 (a) The number of proposals made. 3524 (b) The number of awards and amount of money awarded to 3525 employees or groups for adopted proposals. 3526 (c) The actual cost savings realized as a result of 3527 implementing the proposals. 3528 Section 73. Section 110.1156, Florida Statutes, is 3529 transferred and renumbered as section 112.932, Florida Statutes. 3530 Section 74. Section 112.933, Florida Statutes, is created 3531 to read: 3532 112.933 Penalties.— 3533 (1) Any person who willfully violates any provision of this 3534 part or any rules adopted pursuant to this part commits a 3535 misdemeanor of the second degree, punishable as provided in s. 3536 775.082 or s. 775.083. 3537 (2) Notwithstanding s. 112.011, any person who is convicted 3538 of a misdemeanor under this part is ineligible for appointment 3539 to or employment in a state position for 5 years. If such person 3540 is an employee of the state, he or she must forfeit his or her 3541 position. 3542 (3) Imposition of the penalties provided in this section 3543 may not be in lieu of any action that may be taken or penalties 3544 that may be imposed pursuant to part III of this chapter. 3545 Section 75. The Division of Statutory Revision is requested 3546 to create part X of chapter 112, Florida Statutes, to be 3547 entitled “State Administered Benefits,” and consisting of ss. 3548 112.940-112.952, Florida Statutes. 3549 Section 76. Section 110.1227, Florida Statutes, is 3550 transferred, renumbered as section 112.940, Florida Statutes, 3551 and paragraph (c) of subsection (1) of that section is amended 3552 to read: 3553 112.940110.1227Florida Employee Long-Term-Care Plan Act.— 3554 (1) The Legislature finds that state expenditures for long 3555 term-care services continue to increase at a rapid rate and that 3556 the state faces increasing pressure in its efforts to meet the 3557 long-term-care needs of the public. 3558 (c) This section does not affectact in no way affectsthe 3559 authority of the Department of Management Services’authority3560 pursuant to s. 112.942110.123. 3561 Section 77. Section 110.1228, Florida Statutes, is 3562 transferred, renumbered as section 112.941, Florida Statutes, 3563 and subsection (2) of that section is amended to read: 3564 112.941110.1228Participation by small counties, small 3565 municipalities, and district school boards located in small 3566 counties.— 3567 (2) The governing body of a small county or small 3568 municipality or a district school board may apply for 3569 participation in the state group health insurance program 3570 authorized in s. 112.942110.123and the prescription drug 3571 coverage program authorized by s. 112.946110.12315by 3572 submitting an application along with a $500 nonrefundable fee to 3573 the department. 3574 Section 78. Section 110.123, Florida Statutes, is 3575 transferred, renumbered as section 112.942, Florida Statutes, 3576 and paragraphs (f) and (h) of subsection (3) and paragraph (c) 3577 of subsection (4) of that section are amended to read: 3578 112.942110.123State group insurance program.— 3579 (3) STATE GROUP INSURANCE PROGRAM.— 3580 (f) Except as provided for in subparagraph (h)2., the state 3581 contribution toward the cost of any plan in the state group 3582 insurance program shall be uniform with respect to all state 3583 employees in a state collective bargaining unit participating in 3584 the same coverage tier in the same plan. This section does not 3585 prohibit the development of separate benefit plans for officers 3586 and employees exempt from the CivilcareerService or the 3587 development of separate benefit plans for each collective 3588 bargaining unit. 3589 (h)1. In lieu of participating in the state group health 3590 insurance plan, a person eligible to participate in the state 3591 group insurance program may be authorized by department rules 3592adopted by the department, in lieu of participating in the state3593group health insurance plan, to exercise an optionto elect 3594 membership in a health maintenance organization (HMO) planwhich3595isunder contract with the state in accordance with criteria 3596 established by this section and adoptedby saidrules. The offer 3597 of optional membership in an HMOahealth maintenance3598organizationplanpermitted by this paragraphmay be limited or 3599 conditioned by rule asmay benecessary to meet the requirements 3600 of state and federal laws. 3601 2. The department shall contract with HMOshealth3602maintenance organizationsseeking to participate in the state 3603 group insurance program through a request for proposal or other 3604 procurement process, as developed by the Department of 3605 Management Services and determined to be appropriate. 3606 a. The department shall establish a schedule of minimum 3607 benefits for HM0health maintenance organizationcoverage which 3608 includes, and that schedule shall include: physician services; 3609 inpatient and outpatient hospital services; emergency medical 3610 services, including out-of-area emergency coverage; diagnostic 3611 laboratory and diagnostic and therapeutic radiologic services; 3612 mental health, alcohol, and chemical dependency treatment 3613 services meeting the minimum requirements of state and federal 3614 law; skilled nursing facilities and services; prescription 3615 drugs; age-based and gender-based wellness benefits; and other 3616 benefits as may be required by the department. Additional 3617 services may be provided subject to the contract between the 3618 department and the HMO. As used in this paragraph, the term 3619 “age-based and gender-based wellness benefits” includes aerobic 3620 exercise, education in alcohol and substance abuse prevention, 3621 blood cholesterol screening, health risk appraisals, blood 3622 pressure screening and education, nutrition education, program 3623 planning, safety belt education, smoking cessation, stress 3624 management, weight management, and women’s health education. 3625 b. The department may establish uniform deductibles, 3626 copayments, coverage tiers, or coinsurance schedules for all 3627 participating HMO plans. 3628 c. The department may require detailed information from 3629 each HMOhealth maintenance organizationparticipating in the 3630 procurement process, including information pertaining to 3631 organizational status, experience in providing prepaid health 3632 benefits, accessibility of services, financial stability of the 3633 plan, quality of management services, accreditation status, 3634 quality of medical services, network access and adequacy, 3635 performance measurement, ability to meet the department’s 3636 reporting requirements, and the actuarial basis of the proposed 3637 rates and other data determined by the director to be necessary 3638 for the evaluation and selection of HMOhealth maintenance3639organizationplans and negotiation of appropriate rates for 3640 these plans. Upon receipt of proposals by HMOhealth maintenance3641organizationplans and the evaluation of those proposals, the 3642 department may enter into negotiations with allof the plansor 3643 a subset of the plans, as the department determines appropriate. 3644Nothing shall precludeThe department may negotiatefrom3645negotiatingregional or statewide contracts with HMOhealth3646maintenance organizationplans ifwhen this iscost-effective 3647 andwhenthe department determines that the plan offers high 3648 value to enrollees. 3649 d. The department may limit the number of HMOs that it 3650 contracts with in each service area based on the nature of the 3651 bids the department receives, the number of state employees in 3652 the service area, or any unique geographical characteristics of 3653 the service area. The department shall establish by rule service 3654 areas throughout the state. 3655 e. All persons participating in the state group insurance 3656 program may be required to contribute towardtowardsa total 3657 state group health premium that may vary depending upon the plan 3658 and coverage tier selected by the enrollee and the level of 3659 state contribution authorized by the Legislature. 3660 3. The department mayis authorized tonegotiate andto3661 contract with specialty psychiatric hospitals for mental health 3662 benefits, on a regional basis, for alcohol, drug abuse, and 3663 mental and nervous disorders.The department may establish,3664 Subject to the approval of the Legislature pursuant to 3665 subsection (5), the department may establishanysuch regional 3666 plan upon completion of an actuarial study to determine any 3667 impact on plan benefits and premiums. 36684. In addition to contracting pursuant to subparagraph 2.,3669the department may enter into contract with any HMO to3670participate in the state group insurance program which:3671a. Serves greater than 5,000 recipients on a prepaid basis3672under the Medicaid program;3673b. Does not currently meet the 25-percent non-Medicare/non3674Medicaid enrollment composition requirement established by the3675Department of Health excluding participants enrolled in the3676state group insurance program;3677c. Meets the minimum benefit package and copayments and3678deductibles contained in sub-subparagraphs 2.a. and b.;3679d. Is willing to participate in the state group insurance3680program at a cost of premiums that is not greater than 953681percent of the cost of HMO premiums accepted by the department3682in each service area; and3683e. Meets the minimum surplus requirements of s.641.225.3684 3685The department is authorized to contract with HMOs that meet the3686requirements of sub-subparagraphs a.-d. prior to the open3687enrollment period for state employees. The department is not3688required to renew the contract with the HMOs as set forth in3689this paragraph more than twice. Thereafter, the HMOs shall be3690eligible to participate in the state group insurance program3691only through the request for proposal or invitation to negotiate3692process described in subparagraph 2.3693 4.5.All enrollees in a state group health insurance plan, 3694 a TRICARE supplemental insurance plan, or an HMOanyhealth3695maintenance organizationplan have the option of changing to 3696 anotherany otherhealth planthat isoffered by the state 3697 within ananyopen enrollment period designated by the 3698 department. Open enrollment shall be held at least once each 3699 calendar year. 3700 5.6.IfWhena contract between a treating provider and the 3701 state-contracted HMOhealth maintenance organizationis 3702 terminated for any reason other than for cause, each party must 3703shallallow ananyenrollee for whom treatment was active to 3704 continue coverage and care when medically necessary, through 3705 completion of treatment of a condition for which the enrollee 3706 was receiving care at the time of the termination, until the 3707 enrollee selects another treating provider, or until the next 3708 open enrollment periodoffered, whichever is laterlonger, but 3709 no laterlongerthan 6 months after termination of the contract. 3710 Each party to the terminated contract mustshallallow an 3711 enrollee who has initiated a course of prenatal care, regardless 3712 of the trimester in which care was initiated, to continue care 3713 and coverage until completion of postpartum care. This does not 3714 prevent a provider from refusing to continue to provide care to 3715 an enrollee who is abusive, noncompliant, or in arrears in 3716 payments for services provided. For care continued under this 3717 subparagraph, the program and the providershallcontinue to be 3718 bound by the terms of the terminated contract. Changes made 3719 within 30 days before termination of a contract are effective 3720 only if agreed to by both parties. 3721 6.7.Any HMO participating in the state group insurance 3722 program shall submit health care utilization and cost data to 3723 the department, in such form andin suchmanner as the 3724 department requiresshall require,as a condition of 3725 participating in the program. The department shall enter into 3726 negotiations with its contracting HMOs to determine the nature 3727 and scope of the data submission and the final requirements, 3728 format, penalties associated with noncompliance, and timetables 3729 for submission. These determinations shall be adopted by rule. 3730 7.8.The department may establish and direct, with respect 3731 to collective bargaining issues, a comprehensive package of 3732 insurance benefits that may include supplemental health and life 3733 coverage, dental care, long-term care, vision care, and other 3734 benefits it determines necessary to enable state employees to 3735 select from among benefit options that best suit their 3736 individual and family needs. 3737 a. Based upon a desired benefit package, the department 3738 shall issue a request for proposal or invitation to negotiate 3739 for health insurance providers interested in participating in 3740 the state group insurance program, andthe department shall3741 issue a request for proposal or invitation to negotiate for 3742 insurance providers interested in participating in the non 3743 health-related components of the state group insurance program. 3744 Upon receipt of all proposals, the department may enter into 3745 contract negotiations with insurance providers submitting bids 3746 or negotiate a specially designed benefit package. Insurance 3747 providers offering or providing supplemental coverage as of May 3748 30, 1991, which qualify for pretax benefit treatment pursuant to 3749 s. 125 of the Internal Revenue Code of 1986, with 5,500 or more 3750 state employees currently enrolled may be includedby the3751departmentin the supplemental insurance benefit plan 3752 established by the department without participating in a request 3753 for proposal, submitting bids, negotiating contracts, or 3754 negotiating a specially designed benefit package. These 3755 contracts mustshallprovide state employees with the most cost 3756 effective and comprehensive coverage available; however,no3757 state or agency funds may not be contributedshall be3758contributedtoward the cost of any part of the premium of such 3759 supplemental benefit plans. With respect to dental coverage, the 3760 division shall include in any solicitation or contract for any 3761 state group dental programmade after July 1, 2001,a 3762 comprehensive indemnity dental plan option thatwhichoffers 3763 enrollees a completely unrestricted choice of dentists. If a 3764 dental plan is endorsed, or in some manner recognized as the 3765 preferred product, such plan mustshallinclude a comprehensive 3766 indemnity dental plan option thatwhichprovides enrollees with 3767 a completely unrestricted choice of dentists. 3768 b. Pursuant tothe applicable provisions ofs. 112.951 3769110.161,and s. 125 of the Internal Revenue Code of 1986, the 3770 department shall enroll in the pretax benefit program those 3771 state employees who voluntarily elect coverage in any of the 3772 supplemental insurance benefit plans as provided by sub 3773 subparagraph a. 3774 c. This subparagraph does notNothing herein contained3775shall be construed toprohibit insurance providers from 3776 continuing to provide or offer supplemental benefit coverage to 3777 state employees as provided under existing agency plans. 3778 (4) PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE; LIMITATION 3779 ON ACTIONS TO PAY AND COLLECT PREMIUMS.— 3780 (c) During each policy or budget year, no state agency 3781 shall contribute a greater dollar amount of the premium cost for 3782 its officers or employees for any plan option under the state 3783 group insurance program than any other agency for similar 3784 officers and employees, nor shall any greater dollar amount of 3785 premium cost be made for employees in one state collective 3786 bargaining unit than for those in any other state collective 3787 bargaining unit. Nothing in this section prohibits the use of 3788 different levels of state contributions for positions exempt 3789 from CivilcareerService. 3790 Section 79. Section 110.12301, Florida Statutes is 3791 transferred, renumbered as section 112.943, Florida Statutes, 3792 and amended to read: 3793 112.943110.12301Competitive procurement of postpayment 3794 claims review services.—The Division of State Group Insurance is 3795 directed to competitively procure: 3796 (1) Postpayment claims review services for the state group 3797 health insurance plans established pursuant to s. 112.942 3798110.123. Compensation under the contract shall be paid from 3799 amounts identified as claim overpayments that are made by or on 3800 behalf of the health plans and that are recovered by the vendor. 3801 The vendor may retain that portion of the amount recovered as 3802 provided in the contract. The contract must require the vendor 3803 to maintain all necessary documentation supporting the amounts 3804 recovered, retained, and remitted to the division; and 3805 (2) A contingency-based contract for dependent eligibility 3806 verification services for the state group insurance program; 3807 however, compensation under the contract may not exceed 3808 historical claim costs for the prior 12 months for the dependent 3809 populations disenrolled as a result of the vendor’s services. 3810 The division may establish a 3-month grace period and hold 3811 subscribers harmless for past claims of ineligible dependents. 3812 The Department of Management Services shall submit budget 3813 amendments pursuant to chapter 216 in order to obtain budget 3814 authority necessary to expend funds from the State Employees’ 3815 Group Health Self-Insurance Trust Fund for payments to the 3816 vendor as provided in the contract. The Department of Management 3817 Services shall adopt rules providing a process for verifying 3818 dependent eligibility. 3819 Section 80. Section 110.12302, Florida Statutes is 3820 transferred and renumbered as section 112.944, Florida Statutes. 3821 Section 81. Section 110.12312, Florida Statutes, is 3822 transferred, renumbered as section 112.945, Florida Statutes, 3823 and amended to read: 3824 112.945110.12312Open enrollment period for retirees.—On 3825 or after July 1, 1997, the Department of Management Services 3826 shall provide for an open enrollment period for retired state 3827 employees who want to obtain health insurance coverage under ss. 3828 112.942 and 112.946110.123and110.12315. The options offered 3829 during the open enrollment period must provide the same health 3830 insurance coverage as the coverage provided to active employees 3831 under the same premium payment conditions in effect for covered 3832 retirees, including eligibility for health insurance subsidy 3833 payments under s. 112.363. A person who separates from 3834 employment subsequent to May 1, 1988, but whose date of 3835 retirement occurs on or after August 1, 1995, is eligible as of 3836 the first open enrollment period occurring after July 1, 1997, 3837 with an effective date of January 1, 1998, as long as the 3838 retiree’s enrollment remains in effect. 3839 Section 82. Section 110.12315, Florida Statutes, is 3840 transferred and renumbered as section 112.946, Florida Statutes. 3841 Section 83. Section 110.1232, Florida Statutes, is 3842 transferred, renumbered as section 112.947, Florida Statutes, 3843 and amended to read: 3844 112.947110.1232Health insurance coverage for persons 3845 retired under state-administered retirement systems before 3846 January 1, 1976, and for spouses.—Notwithstanding any provisions 3847 of law to the contrary, the Department of Management Services 3848 shall provide health insurance coverage under the state group 3849 insurance program for persons who retired before January 1, 3850 1976, under any of the state-administered retirement systems and 3851 who are not covered by social security and for the spouses and 3852 surviving spouses of such retirees who are also not covered by 3853 social security. Such health insurance coverage shall provide 3854 the same benefits as provided to other retirees who are entitled 3855 to participate under s. 112.942110.123. The claims experience 3856 of this group shall be commingled with the claims experience of 3857 other members covered under s. 112.942110.123. 3858 Section 84. Section 110.1234, Florida Statutes, is 3859 transferred and renumbered as section 112.948, Florida Statutes. 3860 Section 85. Section 110.1238, Florida Statutes, is 3861 transferred and renumbered as section 112.949, Florida Statues. 3862 Section 86. Section 110.1239, Florida Statutes, is 3863 transferred and renumbered as section 112.950, Florida Statutes. 3864 Section 87. Section 110.161, Florida Statutes, is 3865 transferred, renumbered as section 112.951, Florida Statutes, 3866 and paragraph (a) of subsection (6) of that section is amended 3867 to read: 3868 112.951110.161State employees; pretax benefits program.— 3869 (6) The Department of Management Services is authorized to 3870 administer the pretax benefits program established for all 3871 employees so that employees may receive benefits that are not 3872 includable in gross income under the Internal Revenue Code of 3873 1986. The pretax benefits program: 3874 (a) Shall allow employee contributions to premiums for the 3875 state group insurance program administered under s. 112.942 3876110.123to be paid on a pretax basis unless an employee elects 3877 not to participate. 3878 Section 88. Section 112.952, Florida Statutes, is created 3879 to read: 3880 112.952 Penalties.— 3881 (1) Any person who willfully violates any provision of this 3882 part or any rules adopted pursuant to this part commits a 3883 misdemeanor of the second degree, punishable as provided in s. 3884 775.082 or s. 775.083. 3885 (2) Notwithstanding s. 112.011, any person who is convicted 3886 of a misdemeanor under this part is ineligible for appointment 3887 to or employment in a state position for 5 years, and, if an 3888 employee of the state, must forfeit his or her position. 3889 (3) Imposition of the penalties provided in this section 3890 may not be in lieu of any action that may be taken or penalties 3891 that may be imposed pursuant to part III of this chapter. 3892 Section 89. The Division of Statutory Revision is requested 3893 to renumber part IV of chapter 110, Florida Statutes, as part XI 3894 of chapter 112, consisting of ss. 112.961-112.965, and to rename 3895 that part as “State Volunteer Services.” 3896 Section 90. Section 110.501, Florida Statutes, is 3897 transferred, renumbered as section 112.961, Florida Statutes, 3898 reordered, and amended to read: 3899 112.961110.501Definitions.—As used in this part, the term 3900act: 3901 (3)(1)“Volunteer” means any person who, of his or her own 3902 free will, provides goods or services, or conveys an interest in 3903 or otherwise consents to the use of real property pursuant to 3904 chapter 260, to anystate department oragency,or nonprofit 3905 organization, with no monetary or material compensation. A 3906 person registered and serving in Older American Volunteer 3907 Programs authorized by the Domestic Volunteer Service Act of 3908 1973, as amended (Pub. L. No. 93-113), shall also be defined as 3909 a volunteer and shall incur no civil liability as provided by s. 3910 768.1355. A volunteer shall be eligible for payment of volunteer 3911 benefits as specified in Pub. L. No. 93-113, this section, and 3912 s. 430.204. 3913(2) “Regular-service volunteer” means any person engaged in3914specific voluntary service activities on an ongoing or3915continuous basis.3916(3) “Occasional-service volunteer” means any person who3917offers to provide a one-time or occasional voluntary service.3918 (1)(4)“Material donor” means any person who provides 3919 funds, materials, employment, or opportunities for clients of 3920 statedepartments oragencies, without monetary or material 3921 compensation. 3922 (2) “State agency” or “agency” means any official, officer, 3923 commission, board, authority, council, committee, or department 3924 of the executive branch or judicial branch of state government 3925 as defined in chapter 216, unless otherwise exempted by law. 3926 Section 91. Section 110.502, Florida Statutes, is 3927 transferred, renumbered as section 112.962, Florida Statutes, 3928 and amended to read: 3929 112.962110.502Scope of act; status of volunteers.— 3930 (1) Everystate department orstate agency may, with the 3931 approval of the agency head,through the head of the department3932or agency, secretary of the department, or executive director of3933the department, is authorized torecruit, train, and accept, 3934 without regard to the requirements of the CivilState Career3935 ServiceSystem as set forth in part II of this chapter, the 3936 services of volunteers, including regular-service volunteers,3937occasional-service volunteers,or material donors,to assist in 3938 programs administered by thedepartment oragency. 3939 (2) Volunteers recruited, trained, or accepted by aany3940 statedepartment oragency areshallnotbesubject toany3941 provisions of law relating to state employment, ato any3942 collective bargaining agreement between the state and anany3943 employees’ association or union, ortoanylaws relating to 3944 hours of work, rates of compensation, leave time, and employee 3945 benefits, except those consistent with s. 112.964110.504. 3946 However, all volunteers shall comply with applicabledepartment3947oragency rules. Volunteers may be required by the agency to 3948 submit to security background screenings. 3949 (3) Every statedepartment oragency usingutilizingthe 3950 services of volunteers isherebyauthorized to providesuch3951 incidental reimbursement or benefit consistent with s. 112.964 3952the provisions of s.110.504, including transportation costs, 3953 lodging,andsubsistence, identification and safety apparel, 3954 recognition, and other accommodations as thedepartment or3955 agency deems necessary to assist, recognize, reward, or 3956 encourage volunteers in performing their functions. AnNo3957department oragency may notshallexpend or authorize an 3958 expenditure greater thantherefor in excess ofthe amount 3959 provided for to thedepartment oragency by appropriation in any 3960 fiscal year. 3961 (4) Persons working with state agencies pursuant to this 3962 part areshall beconsideredasunpaid independent volunteers 3963 and areshallnotbeentitled to unemployment compensation. 3964 Section 92. Section 110.503, Florida Statutes, is 3965 transferred, renumbered as section 112.963, Florida Statutes, 3966 and amended to read: 3967 112.963110.503Responsibilities of statedepartments and3968 agencies.—Each statedepartment oragency usingutilizingthe 3969 services of volunteers shall take such actions as are: 3970 (1)Take such actions as areNecessary and appropriate to 3971 develop meaningful opportunities for volunteers involved in 3972 state-administered programs. 3973 (2) Necessary to ensure that volunteers are provided with 3974 the state agency’s policies and procedures applicable to their 3975 volunteer activities.Comply with the uniform rules adopted by3976the Department of Management Services governing the recruitment,3977screening, training, responsibility, use, and supervision of3978volunteers.3979 (3)Take such actions as areNecessary to ensure that 3980 volunteers understand their duties and responsibilities. 3981 (4) Necessary to ensure that a state employee whose primary 3982 employment consists of duties and responsibilities similar to 3983 those associated with volunteer activities is not considered for 3984 volunteer work if such work would require payment for overtime 3985 in accordance with the Fair Labor Standards Act. 3986(4) Take such actions as are necessary and appropriate to3987ensure a receptive climate for citizen volunteers.3988(5) Provide for the recognition of volunteers who have3989offered continuous and outstanding service to state-administered3990programs. Each department or agency using the services of3991volunteers is authorized to incur expenditures not to exceed3992$100 each plus applicable taxes for suitable framed3993certificates, plaques, or other tokens of recognition to honor,3994reward, or encourage volunteers for their service.3995(6) Recognize prior volunteer service as partial3996fulfillment of state employment requirements for training and3997experience pursuant to rules adopted by the Department of3998Management Services.3999 Section 93. Section 110.504, Florida Statutes, is 4000 transferred, renumbered as section 112.964, Florida Statutes, 4001 and amended to read: 4002 112.964110.504Volunteer benefits.— 4003 (1) Meals may be furnished without charge toregular4004servicevolunteers serving state agencies ifdepartments,4005providedthe scheduled assignment extends over an established 4006 meal period, and to occasional-service volunteers at the4007discretion of the department head. An agency may notNo4008department shallexpend or authorize any expenditure greater 4009 thanin excess ofthe amount provided for by appropriation in 4010 any fiscal year. 4011 (2) Lodging, if available, may be furnished temporarily, in 4012 case of an agencya departmentemergency, at no charge to 4013regular-servicevolunteers. 4014 (3) Transportation reimbursement may be furnished to those 4015 volunteers whose presence is determined to be necessary to the 4016 agencydepartment. Volunteers may useutilizestate vehicles in 4017 the performance of agency-relateddepartment-relatedduties. An 4018 agency may notNo department shallexpend or authorize an 4019 expenditure greater thanin excess ofthe amount appropriated in 4020 any fiscal year. 4021 (4) Volunteers areshall becovered by state liability 4022 protection in accordance with the definition of a volunteer and 4023the provisions ofs. 768.28. 4024 (5) Volunteers areshall becovered by workers’ 4025 compensation in accordance with chapter 440. 4026 (6) Incidental recognition benefits or incidental 4027 nonmonetary awards may be furnished to volunteers serving in 4028 state agenciesdepartmentsto award, recognize, or encourage 4029 volunteers for their service. The awards may not cost more than 4030in excess of$150$100each plus applicable taxes. 4031 (7) Volunteers, including volunteers receiving a stipend as 4032 provided by the Domestic Service Volunteer Act of 1973, as 4033 amended,(Pub. L. No. 93-113), areshall becovered by s. 4034 768.1355, the Florida Volunteer Protection Act. 4035 Section 94. Section 112.965, Florida Statutes, is created 4036 to read: 4037 112.965 Penalties.— 4038 (1) Any person who willfully violates any provision of this 4039 part or any rules adopted pursuant to this part commits a 4040 misdemeanor of the second degree, punishable as provided in s. 4041 775.082 or s. 775.083. 4042 (2) Notwithstanding s. 112.011, any person who is convicted 4043 of a misdemeanor under this part is ineligible for appointment 4044 to or employment in a state position for 5 years, or, if an 4045 employee of the state, must forfeit his or her position. 4046 (3) Imposition of the penalties provided in this section 4047 may not be in lieu of any action that may be taken or penalties 4048 that may be imposed pursuant to part III of this chapter. 4049 Section 95. Sections 110.115, 110.118, 110.124, 110.129, 4050 110.1521, 110.1522, 110.1523, 110.171, 110.201, 110.2035, 4051 110.21, 110.406, 110.603, 110.604, and 110.606, Florida 4052 Statutes, are repealed. 4053 Section 96. Paragraph (b) of subsection (1) of section 4054 11.13, Florida Statutes, is amended to read: 4055 11.13 Compensation of members.— 4056 (1) 4057 (b) OnEffective July 1, 1986, and eachJuly 1 of each year 4058thereafter, the annual salaries of members of the Senate and 4059 House of Representatives shall be adjusted by the average 4060 percentage increase in the salaries of civilstate career4061 service employees for the fiscal year just concluded. The 4062 Appropriations Committee of each house shall certify to the 4063 Office of Legislative Services the average percentage increase 4064 in the salaries of civilstate careerservice employees before 4065 July 1 of each year. The Office of Legislative Services shall, 4066 as of July 1 of each year, determine the adjusted annual 4067 salaries as provided in this paragraphherein. 4068 Section 97. Paragraph (c) of subsection (1) of section 4069 20.055, Florida Statutes, is amended to read: 4070 20.055 Agency inspectors general.— 4071 (1) For the purposes of this section: 4072 (c) “Individuals substantially affected” means natural 4073 persons who have established a real and sufficiently immediate 4074 injury in fact due to the findings, conclusions, or 4075 recommendations of a final report of a state agency inspector 4076 general, who are the subject of the audit or investigation, and 4077 who do not have or are not currently afforded an existing right 4078 to an independent review process. The term does not include: 4079 1. Employees of the state, including civilcareerservice, 4080 probationary, other personal service, selected exempt service, 4081 and senior management service employees, are not covered by this4082definition.This definition also does not cover4083 2. Former employees of the state if the final report of the 4084 state agency inspector general relates to matters arising during 4085 a former employee’s term of state employment.This definition4086does not apply to4087 3. Persons who are the subject of audits or investigations 4088 conducted pursuant to ss. 112.3187-112.31895 or s. 409.913 or 4089 which are otherwise confidential and exempt under s. 119.07. 4090 Section 98. Subsection (6) of section 20.21, Florida 4091 Statutes, is amended to read: 4092 20.21 Department of Revenue.—There is created a Department 4093 of Revenue. 4094 (6) Notwithstanding s. 112.942the provisions of s.4095110.123, relating to the state group insurance program, the 4096 department may pay, or participate in the payment of, premiums 4097 for health, accident, and life insurance for its full-time out 4098 of-state employees, pursuant to such rules as it may adopt, 4099 whichand suchpayments areshall bein addition to the 4100 employees’theregular salariesof such full-time out-of-state4101employees. 4102 Section 99. Paragraph (e) of subsection (1) and subsection 4103 (6) of section 20.23, Florida Statutes, are amended to read: 4104 20.23 Department of Transportation.—There is created a 4105 Department of Transportation which shall be a decentralized 4106 agency. 4107 (1) 4108 (e) TheAnysecretaryappointed after July 5, 1989,andthe4109 assistant secretaries areshall beexempt from part IVthe4110provisions of part IIIof chapter 110 and shall receive 4111 compensation commensurate with their qualifications and 4112 competitive with compensation for comparable responsibility in 4113 the private sector. 4114 (6) Notwithstandingthe provisions ofs. 110.205, the 4115 Department of Management Services mayis authorized toexempt 4116 positions within the Department of Transportation which are 4117 comparable to positions within the Senior Management Service 4118 pursuant to s. 110.205(2)(g)110.205(2)(j)or positions that 4119whichare comparable to positions in the Selected Exempt Service 4120 under s. 110.205(2)(i)110.205(2)(m). 4121 Section 100. Subsection (2) of section 20.255, Florida 4122 Statutes, is amended to read: 4123 20.255 Department of Environmental Protection.—There is 4124 created a Department of Environmental Protection. 4125 (2)(a) There shall be three deputy secretaries who are to 4126 be appointed by and shall serve at the pleasure of the 4127 secretary. The secretary may assign any deputy secretary the 4128 responsibility to supervise, coordinate, and formulate policy 4129 for any division, office, or district. The following special 4130 offices are established and headed by managers, each of whom is 4131 to be appointed by and serve at the pleasure of the secretary: 4132 1. Office of Chief of Staff; 4133 2. Office of General Counsel; 4134 3. Office of Inspector General; 4135 4. Office of External Affairs; 4136 5. Office of Legislative Affairs; 4137 6. Office of Intergovernmental Programs; and 4138 7. Office of Greenways and Trails. 4139 (b) There shall be six administrative districts involved in 4140 regulatory matters of waste management, water resource 4141 management, wetlands, and air resources, which shall be headed 4142 by managers, each of whom is to be appointed by and serve at the 4143 pleasure of the secretary. Divisions of the department may have 4144 one assistant or two deputy division directors, as required to 4145 facilitate effective operation. 4146 4147 The managers of all divisions and offices specifically named in 4148 this section and the directors of the six administrative 4149 districts are exempt from part II of chapter 110 and are 4150 included in the Senior Management Service in accordance with s. 4151 110.205(2)(g)110.205(2)(j). 4152 Section 101. Paragraph (d) of subsection (19) of section 4153 24.105, Florida Statutes, is amended to read: 4154 24.105 Powers and duties of department.—The department 4155 shall: 4156 (19) Employ division directors and other staff as may be 4157 necessary to carry out the provisions of this act; however: 4158 (d) The department shall establish and maintain a personnel 4159 program for its employees, including a personnel classification 4160 and pay plan thatwhichmay provideany or all ofthe benefits 4161 provided in the Senior Management Service or Selected Exempt 4162 Service. Each officer or employee of the department isshall be4163 a member of the Florida Retirement System. The retirement class 4164 of each officer or employee isshall bethe same as other 4165 persons performing comparable functions for other agencies. 4166 Employees of the department shall serve at the pleasure of the 4167 secretary and areshall besubject to suspension, dismissal, 4168 reduction in pay, demotion, transfer, or other personnel action 4169 at the discretion of the secretary. Such personnel actions are 4170 exempt fromthe provisions ofchapter 120. All employees of the 4171 department are exempt from the CivilCareerServiceSystem4172 provided in chapter 110 and, notwithstandingthe provisions of4173 s. 110.205(3)110.205(5), are not included ineitherthe Senior 4174 Management Service or the Selected Exempt Service. However, all 4175 employees of the department are subject to all standards of 4176 conduct adopted by rule for civilcareerservice and senior 4177 management employees pursuant to chapter 110. In the event of a 4178 conflict between standards of conduct applicable to employees of 4179 the Department of the Lottery, the more restrictive standard 4180 appliesshall apply. Interpretations as to the more restrictive 4181 standard may be provided by the Commission on Ethics upon 4182 request of an advisory opinion pursuant to s. 112.322(3)(a), and 4183 for purposes of this subsection, the opinion shall be considered 4184 final action. 4185 Section 102. Paragraph (d) of subsection (4) of section 4186 24.122, Florida Statutes, is amended to read: 4187 24.122 Exemption from taxation; state preemption; 4188 inapplicability of other laws.— 4189 (4) Any state or local law providing any penalty, 4190 disability, restriction, or prohibition for the possession, 4191 manufacture, transportation, distribution, advertising, or sale 4192 of any lottery ticket, including chapter 849, shall not apply to 4193 the tickets of the state lottery operated pursuant to this act; 4194 nor shall any such law apply to the possession of a ticket 4195 issued by any other government-operated lottery. In addition, 4196 activities of the department under this act are exempt from the 4197 provisions of: 4198 (d) Section 112.907110.131, relating to other personal 4199 services. 4200 Section 103. Paragraph (b) of subsection (1) of section 4201 30.071, Florida Statutes, is amended to read: 4202 30.071 Applicability and scope of act.— 4203 (1) This act applies to all deputy sheriffs, with the 4204 following exceptions: 4205 (b) Deputy sheriffs in a county that, by special act of the 4206 Legislature, local charter, ordinance, or otherwise, has 4207 established a civilor careerservice system thatwhichgrants 4208 collective bargaining rights for deputy sheriffs, including, but 4209 not limited to, deputy sheriffs in the following counties: 4210 Broward, Miami-Dade, Duval, Escambia, and Volusia. 4211 Section 104. Subsection (4) of section 43.16, Florida 4212 Statutes, is amended to read: 4213 43.16 Justice Administrative Commission; membership, powers 4214 and duties.— 4215 (4)(a) The Justice Administrative Commission shall employ 4216 an executive director and fix his or her salary. The executive 4217 director shall employ any necessary personnel for the efficient 4218 performance of the commission according to a classification and 4219 pay plan annually approved by the commission. 4220 (b) Pursuant to s. 110.205(2)(r), all employees ofor4221withinthe commission are exempt from the CivilCareerService 4222System provided in chapter 110and, notwithstanding s. 4223 110.205(3)110.205(5), are not included in the Senior Management 4224 Service or the Selected Exempt Service. The commission shall 4225 annually approve a classification plan and salary and benefits 4226 plan. 4227 (c) Employees in permanent positions must be offered 4228 benefits comparable to those offered under the CivilCareer4229 ServiceSystem. 4230 (d) The commission may offer benefits greater thanin4231excess ofthose offered under the CivilCareerServiceSystem4232 only to employees who are appointed to positions designated as 4233 having managerial or policymaking duties or positions requiring 4234 membership in The Florida Bar. 4235 (e) By January 1515thof each year, the commission shall 4236 submit to the Executive Office of the Governor, the President of 4237 the Senate, and the Speaker of the House of Representatives a 4238 listing of all positions receiving benefits greater than those 4239benefitsoffered under the CivilCareerServiceSystem. Any 4240 change in the positions that are offered greater benefits or any 4241 change in the level of benefits is subject to the notice and 4242 objection procedures of s. 216.177. 4243 Section 105. Subsection (4) of section 104.31, Florida 4244 Statutes, is amended to read: 4245 104.31 Political activities of state, county, and municipal 4246 officers and employees.— 4247 (4) Nothing contained in this section or in any county or 4248 municipal charter shall be deemed to prohibit any public 4249 employee from expressing his or her opinions on any candidate or 4250 issue or from participating in any political campaign during the 4251 employee’s off-duty hours, so long as such activities are not in 4252 conflict withthe provisions ofsubsection (1) or s. 110.1075 4253110.233. 4254 Section 106. Subsection (4) of section 106.24, Florida 4255 Statutes, is amended to read: 4256 106.24 Florida Elections Commission; membership; powers; 4257 duties.— 4258 (4) The commission shall appoint an executive director, who 4259 shall serve under the direction, supervision, and control of the 4260 commission. The executive director, with the consent of the 4261 commission, shall employ such staff as are necessary to 4262 adequately perform the functions of the commission, within 4263 budgetary limitations. All employees, except the executive 4264 director and attorneys, are subject to part II of chapter 110. 4265 The executive director shall serve at the pleasure of the 4266 commission and isbesubject to part IVIIIof chapter 110, 4267 except that the commission shall have complete authority for 4268 setting the executive director’s salary. Attorneys employed by 4269 the commission areshall besubject to part IIIVof chapter 4270 110. 4271 Section 107. Subsection (4) of section 112.044, Florida 4272 Statutes, is amended to read: 4273 112.044 Public employers, employment agencies, labor 4274 organizations; discrimination based on age prohibited; 4275 exceptions; remedy.— 4276 (4) APPEAL; CIVIL SUIT AUTHORIZED.—Any employee of the 4277 statewho iswithin the CivilCareerServiceSystemestablished 4278 by chapter 110andwho is aggrieved by a violation of this act 4279 may appeal to the Public Employees Relations Commission under 4280 the conditions and following the procedures prescribed in part 4281 II of chapter 447. Any person other than an employeewho is4282 within the CivilCareerServiceSystem established by chapter4283110, or any person employed by the Public Employees Relations 4284 Commission, who is aggrieved by a violation of this act may 4285 bring a civil actionin any court of competent jurisdictionfor 4286 such legal or equitable relief as will effectuate the purposes 4287 of this act. 4288 Section 108. Section 112.0805, Florida Statutes, is amended 4289 to read: 4290 112.0805 Employer notice of insurance eligibility to 4291 employees who retire.—AnAnyemployer who provides insurance 4292 coverage under s. 112.942110.123or s. 112.0801 shall notify 4293 those employees who retire of their eligibility to participate 4294 ineither the same group insurance plan or self-insurance plan 4295 as provided in ss. 112.942110.123and 112.0801, or the 4296 insurance coverageasprovided by this law. 4297 Section 109. Paragraph (a) of subsection (9) of section 4298 112.313, Florida Statutes, is amended to read: 4299 112.313 Standards of conduct for public officers, employees 4300 of agencies, and local government attorneys.— 4301 (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR 4302 LEGISLATORS AND LEGISLATIVE EMPLOYEES.— 4303 (a)1. It is the intent of the Legislature to implement by 4304 statute the provisions of s. 8(e), Art. II of the State 4305 Constitution relating to legislators, statewide elected 4306 officers, appointed state officers, and designated public 4307 employees. 4308 2. As used in this paragraph: 4309 a. “Employee” means: 4310 (I) Any person employed in the executive or legislative 4311 branch of government holding a position in the Senior Management 4312 Service as defined in s. 110.402 or any person holding a 4313 position in the Selected Exempt Service as defined in s. 4314 110.3021110.602or any person having authority over policy or 4315 procurement employed by the Department of the Lottery. 4316 (II) The Auditor General, the director of the Office of 4317 Program Policy Analysis and Government Accountability, the 4318 Sergeant at Arms and Secretary of the Senate, and the Sergeant 4319 at Arms and Clerk of the House of Representatives. 4320 (III) The executive director and deputy executive director 4321 of the Commission on Ethics. 4322 (IV) An executive director, staff director, or deputy staff 4323 director of each joint committee, standing committee, or select 4324 committee of the Legislature; an executive director, staff 4325 director, executive assistant, analyst, or attorney of the 4326 Office of the President of the Senate, the Office of the Speaker 4327 of the House of Representatives, the Senate Majority Party 4328 Office, Senate Minority Party Office, House Majority Party 4329 Office, or House Minority Party Office; or any person, hired on 4330 a contractual basis, having the power normally conferred upon 4331 such persons, by whatever title. 4332 (V) The Chancellor and Vice Chancellors of the State 4333 University System; the general counsel to the Board of Governors 4334 of the State University System; and the president, provost, vice 4335 presidents, and deans of each state university. 4336 (VI) Any person, including an other-personal-services 4337 employee, having the power normally conferred upon the positions 4338 referenced in this sub-subparagraph. 4339 b. “Appointed state officer” means any member of an 4340 appointive board, commission, committee, council, or authority 4341 of the executive or legislative branch of state government whose 4342 powers, jurisdiction, and authority are not solely advisory and 4343 include the final determination or adjudication of any personal 4344 or property rights, duties, or obligations, other than those 4345 relative to its internal operations. 4346 c. “State agency” means an entity of the legislative, 4347 executive, or judicial branch of state government over which the 4348 Legislature exercises plenary budgetary and statutory control. 4349 3. ANomember of the Legislature, appointed state officer, 4350 or statewide elected officer may notshallpersonally represent 4351 another person or entity for compensation before the government 4352 body or agency of which the individual was an officer or member 4353 foraperiod of2 years following vacation of office. ANo4354 member of the Legislature may notshallpersonally represent 4355 another person or entity for compensation during his or her term 4356 of office before any state agency other than judicial tribunals 4357 or in settlement negotiations after the filing of a lawsuit. 4358 4. An agency employee, including an agency employee who was 4359 employed on July 1, 2001, in a civilCareerserviceSystem4360 position that was transferred to the Selected Exempt Service 4361Systemunder chapter 2001-43, Laws of Florida, may not 4362 personally represent another person or entity for compensation 4363 before the agency with which he or she was employed fora period4364of2 years following vacation of position, unless employed by 4365 another agency of state government. 4366 5. Any person violating this paragraph isshall besubject 4367 to the penalties provided in s. 112.317 and a civil penaltyof4368an amountequal to the compensation thatwhichthe person 4369 receives for the prohibited conduct. 4370 6. This paragraph is not applicable to: 4371 a. A person employed by the Legislature or other agency 4372 beforeprior toJuly 1, 1989; 4373 b. A person who was employed by the Legislature or other 4374 agency on July 1, 1989, whether or not the person was a defined 4375 employee on July 1, 1989; 4376 c. A person who was a defined employee of the State 4377 University System or the Public Service Commission who held such 4378 employment on December 31, 1994; 4379 d. A person who has reached normal retirement age as 4380 defined in s. 121.021(29), and who has retired under the 4381 provisions of chapter 121 by July 1, 1991; or 4382 e. Any appointed state officer whose term of office began 4383 before January 1, 1995, unless reappointed to that office on or 4384 after January 1, 1995. 4385 Section 110. Paragraph (b) of subsection (1) of section 4386 112.3145, Florida Statutes, is amended to read: 4387 112.3145 Disclosure of financial interests and clients 4388 represented before agencies.— 4389 (1) For purposes of this section, unless the context 4390 otherwise requires, the term: 4391 (b) “Specified state employee” means: 4392 1. Public counsel created by chapter 350, an assistant 4393 state attorney, an assistant public defender, a full-time state 4394 employee who serves as counsel or assistant counsel to any state 4395 agency, the Deputy Chief Judge of Compensation Claims, a judge 4396 of compensation claims, an administrative law judge, or a 4397 hearing officer. 4398 2. Any person employed in the office of the Governor or in 4399 the office of any member of the Cabinet if that person is exempt 4400 from the CivilCareerServiceSystem, except persons employed in 4401 clerical, secretarial, or similar positions. 4402 3. The State Surgeon General or each appointed secretary, 4403 assistant secretary, deputy secretary, executive director, 4404 assistant executive director, or deputy executive director of 4405 each state department, commission, board, or council; unless 4406 otherwise provided, the division director, assistant division 4407 director, deputy director, bureau chief, and assistant bureau 4408 chief of any state department or division; or any person having 4409 the power normally conferred upon such persons, by whatever 4410 title. 4411 4. The superintendent or institute director of a state 4412 mental health institute established for training and research in 4413 the mental health field or the warden or director of any major 4414 state institution or facility established for corrections, 4415 training, treatment, or rehabilitation. 4416 5. Business managers, purchasing agents having the power to 4417 make any purchase exceeding the threshold amount provided for in 4418 s. 287.017 for CATEGORY ONE, finance and accounting directors, 4419 personnel officers, or grants coordinators for any state agency. 4420 6. Any person, other than a legislative assistant exempted 4421 by the presiding officer of the house that employsby whichthe 4422 legislative assistantis employed, who is employed in the 4423 legislative branch of government, except persons employed in 4424 maintenance, clerical, secretarial, or similar positions. 4425 7. Each employee of the Commission on Ethics. 4426 Section 111. Paragraph (a) of subsection (2) of section 4427 112.363, Florida Statutes, is amended to read: 4428 112.363 Retiree health insurance subsidy.— 4429 (2) ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.— 4430 (a) A person who is retired under a state-administered 4431 retirement system, or a beneficiary who is a spouse or financial 4432 dependent entitled to receive benefits under a state 4433 administered retirement system, is eligible for health insurance 4434 subsidy paymentsprovidedunder this section; except that 4435 pension recipients under ss. 121.40, 238.07(18)(a), and 250.22, 4436 recipients of health insurance coverage under s. 112.947 4437110.1232, or any other special pension or relief act areshall4438 notbeeligible for such payments. 4439 Section 112. Subsections (11) and (38) of section 121.021, 4440 Florida Statutes, are amended to read: 4441 121.021 Definitions.—The following words and phrases as 4442 used in this chapter have the respective meanings set forth 4443 unless a different meaning is plainly required by the context: 4444 (11) “Officer or employee” means any person receiving 4445 salary payments for work performed in a regularly established 4446 position and, if employed by a municipality, a metropolitan 4447 planning organization, or a special district, employed in a 4448 covered group. The term does not apply to state employees 4449 covered by a leasing agreement under s. 112.922110.191, other 4450 public employees covered by a leasing agreement, or a coemployer 4451 relationship. 4452 (38) “Continuous service” means creditable service as a 4453 member, beginning with the first day of employment with an 4454 employer covered under a state-administered retirement system 4455 consolidated herein and continuing for as long as the member 4456 remains in an employer-employee relationship with thean4457 employercovered under this chapter. An absence of 1 calendar 4458 month or more from an employer’s payroll isshall beconsidered 4459 a break in continuous service, except for periods of absence 4460 during which an employer-employee relationship continues to 4461 exist and such period of absence is creditable under this 4462 chapter or under one of the existing systems consolidated 4463 herein. However, a law enforcement officer as defined in s. 4464 121.0515(3)(a) who was a member of a state-administered 4465 retirement system under chapter 122 or chapter 321 and who 4466 resigned and was subsequently reemployed in a law enforcement 4467 position within 12 calendar months of such resignation by an 4468 employer under asuchstate-administered retirement system is 4469shall bedeemed not to havenotexperienced a break in service. 4470 Further, with respect to a state-employed law enforcement 4471 officer who meets the criteria specified in s. 121.0515(3)(a), 4472 if the absence from the employer’s payroll is the result of a 4473 “layoff” as defined in s. 110.1054110.107or a resignation to 4474 run for an elected office that meets the criteria specified in 4475 s. 121.0515(3)(a), no break in continuous service shall be 4476 deemed to have occurred if the member is reemployed as a state 4477 law enforcement officer or is elected to an office thatwhich4478 meets the criteria specified in s. 121.0515(3)(a) within 12 4479 calendar months after the date of the layoff or resignation, 4480 notwithstanding the fact that such period of layoff or 4481 resignation is not creditable service under this chapter. A 4482 withdrawal of contributions constituteswill constitutea break 4483 in service. Continuous service also includes past service 4484 purchased under this chapter if, provided suchservice is 4485 continuouswithin this definitionand the rules established by 4486 the administrator. The administrator may establish 4487 administrative rules and procedures for applying this definition 4488 to creditable service authorized under this chapter. Any 4489 correctional officer, as defined in s. 943.10, whose 4490 participation in the state-administered retirement system is 4491 terminated due to the transfer of a county detention facility 4492 through a contractual agreement with a private entity pursuant 4493 to s. 951.062, isshall bedeemed an employee with continuous 4494 service in the Special Risk Class if, providedreturn to 4495 employment with the former employer takes place within 3 years 4496 due to contract termination or the officer is employed by a 4497 covered employer in a special risk position within 1 year after 4498 his or her initial termination of employment by such transfer of 4499 its detention facilities to the private entity. 4500 Section 113. Paragraph (f) of subsection (2) of section 4501 121.051, Florida Statutes, is amended to read: 4502 121.051 Participation in the system.— 4503 (2) OPTIONAL PARTICIPATION.— 4504 (f)1. If an employer that participates in the Florida 4505 Retirement System undertakes the transfer, merger, or 4506 consolidation of governmental services or assumes the functions 4507 and activities of an employing governmental entity that was not 4508 an employer under the system, the employer must notify the 4509 department at least 60 days before such action and provide 4510 documentation as required by the department. SuchThetransfer, 4511 merger, or consolidationof governmental services or assumption4512of governmental functions and activitiesmust occur between 4513 public employers. The current or former employer may pay the 4514 employees’ past service cost, unless prohibited under this 4515 chapter. This subparagraph does not apply to the transfer, 4516 merger, or consolidation of governmental services or assumption 4517 of functions and activities of a public entity under a leasing 4518 agreement having a coemployer relationship. Employers and 4519 employees of a public governmental employer whose service is 4520 covered by a leasing agreement under s. 112.922110.191, any 4521 other leasing agreement, or a coemployer relationship may not 4522are not eligible toparticipate in the Florida Retirement 4523 System. 4524 2. If the agency to which a member’s employing unit is 4525 transferred, merged, or consolidated does not participate in the 4526 Florida Retirement System, a member may elect in writing to 4527 remain in theFlorida Retirementsystem or to transfer to the 4528 local retirement system operated by the agency. If the agency 4529 does not participate in a local retirement system, the member 4530 shall continue membership in the Florida Retirement System. In 4531 either case, membership continues for as long as the member is 4532 employed by the agency to which his or her unit was transferred, 4533 merged, or consolidated. 4534 Section 114. Paragraph (a) of subsection (1) of section 4535 121.055, Florida Statutes, is amended to read: 4536 121.055 Senior Management Service Class.—There is hereby 4537 established a separate class of membership within the Florida 4538 Retirement System to be known as the “Senior Management Service 4539 Class,” which shall become effective February 1, 1987. 4540 (1)(a) Participation in the Senior Management Service Class 4541 isshall belimited to and compulsory for any member of the 4542 Florida Retirement System who holds a position in the Senior 4543 Management Serviceof the State of Florida,established underby4544 part IVIIIof chapter 110, unless such member elects, within 4545 the time specified herein, to participate in the Senior 4546 Management Service Optional Annuity Program as established in 4547 subsection (6). 4548 Section 115. Paragraph (a) of subsection (2) of section 4549 121.35, Florida Statutes, is amended to read: 4550 121.35 Optional retirement program for the State University 4551 System.— 4552 (2) ELIGIBILITY FOR PARTICIPATION IN OPTIONAL PROGRAM.— 4553 (a) Participation in the optional retirement program is 4554provided by this section shall belimited to persons who are 4555 otherwise eligible for membership or renewed membership in the 4556 Florida Retirement System and who are employed in one of the 4557 following State University System positions: 4558 1. Positions classified as instructional and research 4559 faculty which are exempt from the CivilcareerService underthe4560provisions ofs. 110.205(2)(d). 4561 2. Positions classified as administrative and professional 4562 which are exempt from the CivilcareerService underthe4563provisions ofs. 110.205(2)(d). 4564 3. The Chancellor and the university presidents. 4565 Section 116. Section 145.19, Florida Statutes, is amended 4566 to read: 4567 145.19 Annual percentage increases based on increase for 4568 civilstate careerservice employees; limitation.— 4569 (1) As used in this section, the term: 4570 (a) “Annual factor” means 1 plus the lesser of: 4571 1. The average percentage increase in the salaries of civil 4572state careerservice employees for the current fiscal year as 4573 determined by the Department of Management Services or as 4574 provided in the General Appropriations Act; or 4575 2. Seven percent. 4576 (b) “Cumulative annual factor” means the product of all 4577 annual factors certified under this act beforeprior tothe 4578 fiscal year for which salaries are being calculated. 4579 (c) “Initial factor” means a factor of 1.292, which is a 4580 product, rounded to the nearest thousandth, of an earlier cost 4581 of-living increase factor authorized by chapter 73-173, Laws of 4582 Florida, and intended by the Legislature to be preserved in 4583 adjustments to salaries made before theprior toenactment of 4584 chapter 76-80, Laws of Florida, multiplied by the annual 4585 increase factor authorized by chapter 79-327, Laws of Florida. 4586 (2) Each fiscal year, the salaries of all officials listed 4587 in this chapter, s. 1001.395, and s. 1001.47 shall be adjusted. 4588 The adjusted salary rate isshall bethe product, rounded to the 4589 nearest dollar, of the salary rate granted by the appropriate 4590 section of this chapter, s. 1001.395, or s. 1001.47 multiplied 4591 first by the initial factor, then by the cumulative annual 4592 factor, and finally by the annual factor. The Department of 4593 Management Services shall certify the annual factor and the 4594 cumulative annual factors. Any special qualification salary 4595 received under this chapter, s. 1001.47, or the annual 4596 performance salary incentive available to elected 4597 superintendents under s. 1001.47 shall be added to thesuch4598 adjusted salary rate. The special qualification salary isshall4599be$2,000,but shallnot exceed $2,000. 4600 Section 117. Subsection (2) of section 216.011, Florida 4601 Statutes, is amended to read: 4602 216.011 Definitions.— 4603 (2) For purposes of this chapter, terms related to the 4604 State Personnel System arepersonnel affairs of the state shall4605bedefined as set forth in s. 110.1054110.107. 4606 Section 118. Paragraph (b) of subsection (10) of section 4607 216.181, Florida Statutes, is amended to read: 4608 216.181 Approved budgets for operations and fixed capital 4609 outlay.— 4610 (10) 4611 (b) Lump-sum salary bonuses may be provided only if 4612 specifically appropriated or provided pursuant tos.110.1245or4613 s. 216.1815. 4614 Section 119. Subsection (2) of section 260.0125, Florida 4615 Statutes, is amended to read: 4616 260.0125 Limitation on liability of private landowners 4617 whose property is designated as part of the statewide system of 4618 greenways and trails.— 4619 (2) AAnyprivate landowner who consents to designation of 4620 his or her land as part of the statewide system of greenways and 4621 trails pursuant to s. 260.016(2)(d) without compensation is 4622shall beconsidered a volunteer, as defined in s. 112.961 4623110.501, and isshall becovered by state liability protection 4624 pursuant to s. 768.28, including s.768.28(9). 4625 Section 120. Section 287.175, Florida Statutes, is amended 4626 to read: 4627 287.175 Penalties.—A violation of this part or a rule 4628 adopted hereunder, pursuant to applicable constitutional and 4629 statutory procedures, constitutes misuse of public position as 4630 defined in s. 112.313(6), and is punishable as provided in s. 4631 112.317. The Chief Financial Officer shall report incidents of 4632 suspected misuse to the Commission on Ethics, and the commission 4633 shall investigate possible violations of this part or rules 4634 adopted hereunder when reported by the Chief Financial Officer, 4635 notwithstandingthe provisions ofs. 112.324. Any violation of 4636 this part or a rule isadopted hereunder shall bepresumed to 4637 have been committed with wrongful intent, but such presumption 4638 is rebuttable.Nothing inThis section is not intended to deny 4639 rights provided to civilcareerservice employees by s. 110.227. 4640 Section 121. Paragraph (a) of subsection (4) of section 4641 295.07, Florida Statutes, is amended to read: 4642 295.07 Preference in appointment and retention.— 4643 (4) The following positions are exempt from this section: 4644 (a) Those positions that are exempt from the Civilstate4645CareerServiceSystemunder s. 110.205.(2);However, all 4646 positions under the University Support Personnel System of the 4647 State University System as well as all civilCareerservice 4648Systempositions under the Florida Community College System and 4649 the School for the Deaf and the Blind, or the equivalent of such 4650 positions at state universities, community colleges, or the 4651 School for the Deaf and the Blind, are included. 4652 Section 122. Paragraph (a) of subsection (1) of section 4653 295.09, Florida Statutes, is amended to read: 4654 295.09 Reinstatement or reemployment; promotion 4655 preference.— 4656 (1)(a) IfWhenan employee of the state or any of its 4657 political subdivisions employed in a position subject or not 4658 subject to a civilcareerservicesystemor other merit-type 4659 system, with the exception of those positions thatwhichare 4660 exempt pursuant to s. 295.07(4), has served in the Armed Forces 4661 of the United States and is discharged or separatedtherefrom4662 with an honorable discharge, the state or its political 4663 subdivision shall reemploy or reinstate such person to the same 4664 position that he or she held beforeprior tosuch service in the 4665 armed forces, or to an equivalent position, ifprovidedsuch 4666 person returns to the position within 1 year afterofhis or her 4667 date of separation or, in cases of extended active duty, within 4668 1 year afterofthe date of discharge or separation subsequent 4669 to the extension. Such person shall also be awarded preference 4670 in promotion and shall be promoted ahead of all others who are 4671 as well qualified or less qualified for the position. IfWhenan 4672 examination for promotion is usedutilized, such person shall be 4673 awarded preference points, as provided in s. 295.08, and shall 4674 be promoted ahead of all those who appear in an equal or lesser 4675 position on the promotional register if, providedhe or she 4676 first successfully passes the examination for the promotional 4677 position. 4678 Section 123. Subsection (3) of section 296.04, Florida 4679 Statutes, is amended to read: 4680 296.04 Administrator; duties and qualifications; 4681 responsibilities.— 4682 (3) The administrator position shall be assigned to the 4683 Selected Exempt Service under part IIIVof chapter 110. The 4684 director shall give veterans’ preference in selecting an 4685 administrator, as provided in ss. 295.07 and 295.085. In 4686 addition, the administrator must have at least a 4-year degree 4687 from an accredited university or college and 3 years of 4688 administrative experience in a health care facility, or any 4689 equivalent combination of experience, training, and education 4690 totaling 7 years in work relating to administration of a health 4691 care facility. 4692 Section 124. Subsection (2) of section 296.34, Florida 4693 Statutes, is amended to read: 4694 296.34 Administrator; qualifications, duties, and 4695 responsibilities.— 4696 (2) The position shall be assigned to the Selected Exempt 4697 Service under part IIIVof chapter 110. The director shall give 4698 veterans preference in selecting an administrator, as provided 4699 in ss. 295.07 and 295.085. The administrator, at the time of 4700 entering employment and at all times while employed as the 4701 administrator must hold a current valid license as a nursing 4702 home administrator under part II of chapter 468. 4703 Section 125. Subsection (2) of section 381.00315, Florida 4704 Statutes, is amended to read: 4705 381.00315 Public health advisories; public health 4706 emergencies.—The State Health Officer is responsible for 4707 declaring public health emergencies and issuing public health 4708 advisories. 4709 (2) Individuals who assist the State Health Officer at his 4710 or her request on a volunteer basis during a public health 4711 emergency are entitled to the benefits specified in s. 4712 112.964(2)-(5)110.504(2), (3), (4), and (5). 4713 Section 126. Paragraph (e) of subsection (3) of section 4714 381.85, Florida Statutes, is amended to read: 4715 381.85 Biomedical and social research.— 4716 (3) REVIEW COUNCIL FOR BIOMEDICAL AND SOCIAL RESEARCH.— 4717 (e) The council shall be staffed by an executive director 4718 and a secretary who shall be appointed by the council and who 4719 areshall beexempt fromthe provisions ofpart II of chapter 4720 110 relating to the CivilCareerServiceSystem. 4721 Section 127. Paragraph (a) of subsection (3) of section 4722 394.47865, Florida Statutes, is amended to read: 4723 394.47865 South Florida State Hospital; privatization.— 4724 (3)(a) Current South Florida State Hospital employees who 4725 are affected by the privatization shall be given first 4726 preference for continued employment by the contractor. The 4727 department shall make reasonable efforts to find suitable job 4728 placements for employees who wish to remain within the state 4729 CivilCareerServiceSystem. 4730 Section 128. Section 402.3057, Florida Statutes, is amended 4731 to read: 4732 402.3057 Persons not required to be refingerprinted or 4733 rescreened.—Notwithstanding any other provision of lawto the4734contrary notwithstanding, human resource personnel who have been 4735 fingerprinted or screened pursuant to chapters 393, 394, 397, 4736 402, and 409, and teachers and noninstructional personnel who 4737 have been fingerprinted pursuant to chapter 1012, who have not 4738 been unemployed for more than 90 days thereafter, and who under 4739 the penalty of perjury attest to the completion of such 4740 fingerprinting or screening and to compliance with the 4741 provisions of this section and the standards for good moral 4742 character as contained insuchprovisionsasss. 112.928 4743110.1127(3), 393.0655(1), 394.457(6), 397.451, 402.305(2), and 4744 409.175(6), areshallnotberequired to be refingerprinted or 4745 rescreened in order to comply with any caretaker screening or 4746 fingerprinting requirements. 4747 Section 129. Paragraph (a) of subsection (2) of section 4748 402.55, Florida Statutes, is amended to read: 4749 402.55 Management fellows program.— 4750 (2) The departments are authorized to establish a 4751 management fellows program in order to provide highly qualified 4752 career candidates for key administrative and managerial 4753 positions in the departments. Such program shall include, but is 4754 not limited to: 4755 (a) The identification annually by the secretaries, the 4756 assistant secretaries, and the district administrator in each 4757 district of one high-potential civilcareerservice employee 4758 each, to be designated and appointed to serve as a full-time 4759 health and rehabilitative services management fellow fora4760period of1 year. 4761 Section 130. Subsection (4) of section 402.7305, Florida 4762 Statutes, is amended to read: 4763 402.7305 Department of Children and Family Services; 4764 procurement of contractual services; contract management.— 4765 (4) CONTRACT MONITORING REQUIREMENTS AND PROCESS.—The 4766 department shall establish contract monitoring units staffed by 4767 civilcareerservice employees who report to a member of the 4768 Selected Exempt Service or Senior Management Service and who 4769 have been properly trained to perform contract monitoring. At 4770 least one member of the contract monitoring unit must possess 4771 specific knowledge and experience in the contract’s program 4772 area. The department shall establish a contract monitoring 4773 process that includes, but is not limited to, the following 4774 requirements: 4775 (a) Performing a risk assessment at the start of each 4776 fiscal year and preparing an annual contract monitoring schedule 4777 that considers the level of risk assigned. The department may 4778 monitor any contract at any time regardless of whether such 4779 monitoring was originally included in the annual contract 4780 monitoring schedule. 4781 (b) Preparing a contract monitoring plan, including 4782 sampling procedures, before performing onsite monitoring at 4783 external locations of a service provider. The plan must include 4784 a description of the programmatic, fiscal, and administrative 4785 components that will be monitored on site. If appropriate, 4786 clinical and therapeutic components may be included. 4787 (c) Conducting analyses of the performance and compliance 4788 of an external service provider by means of desk reviews if the 4789 external service provider will not be monitored on site during a 4790 fiscal year. 4791 (d) Unless the department sets forth in writing the need 4792 for an extension, providing a written report presenting the 4793 results of the monitoring within 30 days after the completion of 4794 the onsite monitoring or desk review. 4795 (e) Developing and maintaining a set of procedures 4796 describing the contract monitoring process. 4797 4798 Notwithstanding any other provision of this section, the 4799 department shall limit monitoring of a child-caring or child 4800 placing services provider under this subsection to only once per 4801 year. Such monitoring may not duplicate administrative 4802 monitoring that is included in the survey of a child welfare 4803 provider conducted by a national accreditation organization 4804 specified under s. 402.7306(1). 4805 Section 131. Subsection (2) of section 402.731, Florida 4806 Statutes, is amended to read: 4807 402.731 Department of Children and Family Services 4808 certification programs for employees and service providers; 4809 employment provisions for transition to community-based care.— 4810 (2) The department shall develop and implement employment 4811 programs to attract and retain competent staff to support and 4812 facilitate the transition to privatized community-based care. 4813 Suchemploymentprograms mustshallinclude lump-sum bonuses, 4814 salary incentives, relocation allowances, or severance pay. The 4815 department shall also contract for the delivery or 4816 administration of outplacement services. The department shall 4817 establish time-limited exempt positions as provided in s. 4818 110.205(2)(f)110.205(2)(i), in accordance with the authority 4819 provided in s. 216.262(1)(c)1. Employees appointed to fill such 4820 exempt positions shall have the same salaries and benefits as 4821 civilcareerservice employees. 4822 Section 132. Section 409.1757, Florida Statutes, is amended 4823 to read: 4824 409.1757 Persons not required to be refingerprinted or 4825 rescreened.—Notwithstanding any other provision of lawto the4826contrary notwithstanding, human resource personnel who have been 4827 fingerprinted or screened pursuant to chapters 393, 394, 397, 4828 402, and this chapter, and teachers who have been fingerprinted 4829 pursuant to chapter 1012, who have not been unemployed for more 4830 than 90 days thereafter, and who under the penalty of perjury 4831 attest to the completion of such fingerprinting or screening and 4832 to compliance withthe provisions ofthis section and the 4833 standards for good moral character as contained in such 4834 provisions as ss. 112.928110.1127(3), 393.0655(1), 394.457(6), 4835 397.451, 402.305(2), and 409.175(6), areshallnotberequired 4836 to be refingerprinted or rescreened in order to comply with any 4837 caretaker screening or fingerprinting requirements. 4838 Section 133. Subsection (1) of section 409.9205, Florida 4839 Statutes, is amended to read: 4840 409.9205 Medicaid Fraud Control Unit.— 4841 (1) Except as provided in s. 110.205, all positions in the 4842 Medicaid Fraud Control Unit of the Department of Legal Affairs 4843 areherebytransferred to the CivilCareerServiceSystem. 4844 Section 134. Section 414.37, Florida Statutes, is amended 4845 to read: 4846 414.37 Public assistance overpayment recovery 4847 privatization; reemployment of laid-offcareer service4848 employees.—Should civilcareerservice employees of the 4849 Department of Children and Family Services be subject to layoff 4850 after July 1, 1995, due to the privatization of public 4851 assistance overpayment recovery functions, the privatization 4852 contract mustshallrequire the contracting firm to give 4853 priority consideration to employment of such employees. In 4854 addition, a task force composed of representatives from the 4855 Department of Children and Family Services and the Department of 4856 Management Services shall be established to provide reemployment 4857 assistance to such employees. 4858 Section 135. Subsection (7) of section 427.012, Florida 4859 Statutes, is amended to read: 4860 427.012 The Commission for the Transportation 4861 Disadvantaged.—There is created the Commission for the 4862 Transportation Disadvantaged in the Department of 4863 Transportation. 4864 (7) The commission shall appoint an executive director who 4865 shall serve under the direction, supervision, and control of the 4866 commission. The executive director, with the consent of the 4867 commission, shall employ such personnel asmay benecessary to 4868 perform adequately the functions of the commission within 4869 budgetary limitations. Employees of the commission are exempt 4870 from the CivilCareerServiceSystem. 4871 Section 136. Paragraph (o) of subsection (1) of section 4872 440.102, Florida Statutes, is amended to read: 4873 440.102 Drug-free workplace program requirements.—The 4874 following provisions apply to a drug-free workplace program 4875 implemented pursuant to law or to rules adopted by the Agency 4876 for Health Care Administration: 4877 (1) DEFINITIONS.—Except where the context otherwise 4878 requires, as used in this act: 4879 (o) “Safety-sensitive position” means, with respect to a 4880 public employer, a position in which a drug impairment 4881 constitutes an immediate and direct threat to public health or 4882 safety, such as a position that requires the employee to carry a 4883 firearm, perform life-threatening procedures, work with 4884 confidential information or documents pertaining to criminal 4885 investigations, or work with controlled substances; a position 4886 subject to s. 112.928110.1127; or a position in which a 4887 momentary lapse in attention could result in injury or death to 4888 another person. 4889 Section 137. Subsection (2) of section 447.203, Florida 4890 Statutes, is amended to read: 4891 447.203 Definitions.—As used in this part: 4892 (2) “Public employer” or “employer” means the state or any 4893 county, municipality, or special district, or any subdivision or 4894 agency thereof, which the commission determines has sufficient 4895 legal distinctivenessproperlyto properly carry out the 4896 functions of a public employer. With respect to all public 4897 employees determined by the commission as properly belonging to 4898 a statewide bargaining unit composed of state civilCareer4899 serviceSystememployees or selected exemptProfessionalservice 4900 employees, the Governor isshall be deemed to bethe public 4901 employer; and the Board of Governors of the State University 4902 System, or the board’s designee, isshall be deemed to bethe 4903 public employer with respect to all public employees of each 4904 constituent state university. The board of trustees of a 4905 community college isshall be deemed to bethe public employer 4906 with respect to all employees of the community college. The 4907 district school board isshall be deemed to bethe public 4908 employer with respect to all employees of the school district. 4909 The Board of Trustees of the Florida School for the Deaf and the 4910 Blind isshall be deemed to bethe public employer with respect 4911 to the academic and academic administrative personnel of the 4912 Florida School for the Deaf and the Blind. The Governor isshall4913be deemed to bethe public employer with respect to all 4914 employees in the Correctional Education Program of the 4915 Department of Corrections established pursuant to s. 944.801. 4916 Section 138. Subsection (8) and paragraph (a) of subsection 4917 (9) of section 447.207, Florida Statutes, are amended to read: 4918 447.207 Commission; powers and duties.— 4919 (8) The commission or its designated agent shall hear 4920 appeals arising out of any suspension, reduction in pay, 4921 demotion, or dismissal of any permanent employee in the Civil 4922StateCareerServiceSystemin the manner provided in s. 4923 110.227. 4924 (9) Pursuant to s. 447.208, the commission or its 4925 designated agent shall hear appeals, and enter such orders as it 4926 deems appropriate, arising out of: 4927(a)Section110.124, relating to termination or transfer of4928State Career Service System employees aged 65 or older.4929 (a)(b)Section 112.044(4), relating to age discrimination. 4930 (b)(c)Section 295.11, relating to reasons for not 4931 employing a preferred veteran applicant. 4932 Section 139. Section 447.209, Florida Statutes, is amended 4933 to read: 4934 447.209 Public employer’s rights.—It is the right of the 4935 public employer to determine unilaterally the purpose of each of 4936 its constituent agencies, set standards of services to be 4937 offered to the public, and exercise control and discretion over 4938 its organization and operations. It is also the right of the 4939 public employer to direct its employees, take disciplinary 4940 action for proper cause, and relieve its employees from duty 4941 because of lack of work or for other legitimate reasons. 4942 However, the exercise of such rights doesshallnot preclude 4943 employees or their representatives from raising grievances, 4944 should decisions on the above matters have the practical 4945 consequence of violating the terms and conditions of any 4946 collective bargaining agreement in force or any civilor career4947 service ruleregulation. 4948 Section 140. Section 447.401, Florida Statutes, is amended 4949 to read: 4950 447.401 Grievance procedures.—Each public employer and 4951 bargaining agent shall negotiate a grievance procedure to be 4952 used for the settlement of disputes between employer and 4953 employee, or group of employees, involving the interpretation or 4954 application of a collective bargaining agreement. Such grievance 4955 procedure shall have as its terminal step a final and binding 4956 disposition by an impartial neutral, mutually selected by the 4957 parties; however, ifwhenthe issue under appeal is an 4958 allegation of abuse, abandonment, or neglect by an employee 4959 under s. 39.201 or s. 415.1034, the grievance may not be decided 4960 until the abuse, abandonment, or neglect of a child has been 4961 judicially determined. However, an arbiter or other neutral may 4962shallnothave the power toadd to, subtract from, modify, or 4963 alter the terms of a collective bargaining agreement. If an 4964 employee organization is certified as the bargaining agent of a 4965 unit, the grievance procedurethenin existence may be the 4966 subject of collective bargaining, and any agreement thatwhich4967 is reached supersedesshall supersedethe previously existing 4968 procedure. All public employees shall have the right to a fair 4969 and equitable grievance procedure administered without regard to 4970 membership or nonmembership in any organization, except that 4971 certified employee organizations mayshallnot be required to 4972 process grievances for employees who are not members of the 4973 organization. A civilcareerservice employee may useshall have4974the option of utilizingthe civil service appeal procedure, an 4975 unfair labor practice procedure, or a grievance procedure 4976 established under this section, but such employee may not avail 4977is precluded from availinghimself or herself oftomore than 4978 one of these procedures. 4979 Section 141. Paragraph (a) of subsection (2) of section 4980 456.048, Florida Statutes, is amended to read: 4981 456.048 Financial responsibility requirements for certain 4982 health care practitioners.— 4983 (2) The board or department may grant exemptions upon 4984 application by practitioners meeting any of the following 4985 criteria: 4986 (a) Any person licensed under chapter 457, s. 458.3475, s. 4987 459.023, chapter 460, chapter 461, s. 464.012, chapter 466, or 4988 chapter 467 who practices exclusively as an officer, employee, 4989 or agent of the Federal Government or of the state or its 4990 agencies or its subdivisions. For the purposes of this 4991 subsection, an agent of the state, its agencies, or its 4992 subdivisions is a person who is eligible for coverage under any 4993 self-insurance or insurance program authorized bythe provisions4994ofs. 768.28(16) or who is a volunteer as defined in s. 112.961 4995under s.110.501(1). 4996 Section 142. Section 551.116, Florida Statutes, is amended 4997 to read: 4998 551.116 Days and hours of operation.—Slot machine gaming 4999 areas may be open daily throughout the year. The slot machine 5000 gaming areas may be open a totalcumulative amountof 18 hours 5001 per day on Monday through Friday,and24 hours per day on 5002 Saturday and Sunday, and on those holidays specified in s. 5003 112.929110.117(1). 5004 Section 143. Subsection (29) of section 570.07, Florida 5005 Statutes, is amended to read: 5006 570.07 Department of Agriculture and Consumer Services; 5007 functions, powers, and duties.—The department shall have and 5008 exercise the following functions, powers, and duties: 5009 (29) To advance funds monthly to civilcareerservice 5010 employees to be used for the purchase of official state samples 5011 for state examination. Each monthly advance shall bein an5012amountequal to one-twelfth of the actual expenses paid the 5013 position for samples in the previous fiscal year or, in the case 5014 of a new position, one-twelfth of the expenses paid for samples 5015 of a similar classification in the previous fiscal year; 5016 however, in the event of unusual circumstances, such advances 5017 may be increased for up toa period not to exceed60 days. 5018 Advances shall be granted only to civilcareerservice employees 5019 who have executed a proper power of attorney with the department 5020 to ensure the collection of such advances if not timely repaid. 5021 Section 144. Paragraph (b) of subsection (3) of section 5022 601.10, Florida Statutes, is amended to read: 5023 601.10 Powers of the Department of Citrus.—The Department 5024 of Citrus shall have and shall exercise such general and 5025 specific powers as are delegated to it by this chapter and other 5026 statutes of the state, which powers shall include, but shall not 5027 be confined to, the following: 5028 (3) To employ and, at its pleasure, discharge an executive 5029 director as it deems necessary and to outline his or her powers 5030 and duties and fix his or her compensation. 5031 (b) The Department of Citrus may pay, or participate in the 5032 payment of, premiums for health, accident, and life insurance 5033 for its full-time employees, pursuant to such rulesor5034regulationsas it may adopt; and such payments are in addition 5035 to the regular salaries of such full-time employees. The payment 5036 of such or similar benefits to its employees in foreign 5037 countries, including, but not limited to, social security, 5038 retirement, and other similar fringe benefit costs, may be in 5039 accordance with laws in effect in the country of employment, 5040 except thatnobenefitswill be payable to employeesnot 5041 authorized for other state employees are not payable to its 5042 employees, as provided in the CivilCareerServiceSystem. 5043 Section 145. Subsection (6) of section 624.307, Florida 5044 Statutes, is amended to read: 5045 624.307 General powers; duties.— 5046 (6) The department and office may each employ actuaries who 5047 shall be at-will employees and who shall serve at the pleasure 5048 of the Chief Financial Officer, in the case of department 5049 employees, or at the pleasure of the director of the office, in 5050 the case of office employees. Actuaries employed pursuant to 5051 this paragraph mustshallbe members of the Society of Actuaries 5052 or the Casualty Actuarial Society and areshall beexempt from 5053 the CivilCareerServiceSystemestablished under chapter 110. 5054 The salaries of the actuaries employed pursuant to this 5055 paragraphshall be set in accordance with s.216.251(2)(a)5. and5056 shall be set at levelswhicharecommensurate with thosesalary5057levelspaid to actuaries by the insurance industry. 5058 Section 146. Subsection (3) of section 624.437, Florida 5059 Statutes, is amended to read: 5060 624.437 “Multiple-employer welfare arrangement” defined; 5061 certificate of authority required; penalty.— 5062 (3) This section does not apply to a multiple-employer 5063 welfare arrangement thatwhichoffers or provides benefits that 5064whichare fully insured by an authorized insurer,to an 5065 arrangement thatwhichis exempt from state insurance regulation 5066 in accordance with Pub. L. No. 93-406, the Employee Retirement 5067 Income Security Act, or to the state group health insurance 5068 program administered under s. 112.942pursuant to s.110.123. 5069 Section 147. Paragraph (h) of subsection (4) of section 5070 627.6488, Florida Statutes, is amended to read: 5071 627.6488 Florida Comprehensive Health Association.— 5072 (4) The association shall: 5073 (h) Contract with preferred provider organizations and 5074 health maintenance organizations giving due consideration to 5075 thosethe preferred provider organizations and health5076maintenanceorganizations thatwhichhave contracted with the 5077 state group health insurance program pursuant to s. 112.942 5078110.123. If cost-effective and available in the county where the 5079 policyholder resides, the board, upon application or renewal of 5080 a policy, shall place a high-risk individual, as established 5081 under s. 627.6498(4)(a)4., with the plan case manager who shall 5082 determine the most cost-effective quality care system or health 5083 care provider and shall place the individual in such system or 5084 with such health care provider. If cost-effective and available 5085 in the county where the policyholder resides, the board, with 5086 the consent of the policyholder, may place a low-risk or medium 5087 risk individual, as established under s. 627.6498(4)(a)4., with 5088 the plan case manager who may determine the most cost-effective 5089 quality care system or health care provider and shall place the 5090 individual in such system or with such health care provider. 5091 BeforePrior toand during the implementation of case 5092 management, the plan case manager shall obtain input from the 5093 policyholder, parent, or guardian. 5094 Section 148. Paragraph (a) of subsection (1) of section 5095 627.649, Florida Statutes, is amended to read: 5096 627.649 Administrator.— 5097 (1) The board shall select an administrator, through a 5098 competitive bidding process, to administer the plan. The board 5099 shall evaluate bids submitted under this subsection based on 5100 criteria established by the board, which criteria shall include: 5101 (a) The administrator’s proven ability to handle large 5102 group accident and health insurance., andDue consideration 5103 shall be given to ananyadministrator who has acted as a third 5104 party administrator for the state group health insurance program 5105 pursuant to s. 112.942110.123. 5106 Section 149. Paragraph (a) of subsection (2) and subsection 5107 (3) of section 627.6498, Florida Statutes, are amended to read: 5108 627.6498 Minimum benefits coverage; exclusions; premiums; 5109 deductibles.— 5110 (2) BENEFITS.— 5111 (a) The plan shall offer major medical expense coverage 5112 similar to that provided by the state group health insurance 5113 program under s. 112.942,as defined in s.110.123except as 5114 specified in subsection (3), to every eligible person who is not 5115 eligible for Medicare. Major medical expense coverage offered 5116 under the plan mustshallpay an eligible person’s covered 5117 expenses, subject to limits on the deductible and coinsurance 5118 payments authorized under subsection (4), up to a lifetime limit 5119 of $500,000 per covered individual. The maximum limit mayunder5120this paragraph shallnot be altered by the board, and anno5121 actuarially equivalent benefit may not be substituted by the 5122 board. 5123 (3) COVERED EXPENSES.—The coverageto beissued by the 5124 association mustshallbe patterned after the state group health 5125 insurance program as provided in s. 112.942defined in s.5126110.123, including its benefits, exclusions, and other 5127 limitations, except as otherwise provided in this act. The plan 5128 may cover the cost of experimental drugs thatwhichhave been 5129 approved for use by the Food and Drug Administration on an 5130 experimental basis if the cost is less than the usual and 5131 customary treatment. Such coverage appliesshallonlyapplyto 5132 those insureds who are in the case management system upon the 5133 approval of the insured, the case manager, and the board. 5134 Section 150. Subsection (4) of section 627.6617, Florida 5135 Statutes, is amended to read: 5136 627.6617 Coverage for home health care services.— 5137 (4) The provisions of this section doshallnot apply to a 5138 multiple-employer welfare arrangement as defined in s. 5139 624.437(1) and in the State Health Plan as provided in s. 5140 112.942110.123. 5141 Section 151. Paragraph (d) of subsection (2) of section 5142 627.6686, Florida Statutes, is amended to read: 5143 627.6686 Coverage for individuals with autism spectrum 5144 disorder required; exception.— 5145 (2) As used in this section, the term: 5146 (d) “Health insurance plan” means a group health insurance 5147 policy or group health benefit plan offered by an insurer which 5148 includes the state group insurance program provided under s. 5149 112.942110.123. The term does not include aanyhealth 5150 insurance plan offered in the individual market which,any5151health insurance planthatis individually underwritten,orany5152health insurance planprovided to a small employer. 5153 Section 152. Paragraph (b) of subsection (7) of section 5154 849.086, Florida Statutes, is amended to read: 5155 849.086 Cardrooms authorized.— 5156 (7) CONDITIONS FOR OPERATING A CARDROOM.— 5157 (b) AAnycardroom operator may operate a cardroom at the 5158 pari-mutuel facility daily throughout the year, if the 5159 permitholder meets the requirements under paragraph (5)(b). The 5160 cardroom may be open a totalcumulative amountof 18 hours per 5161 day on Monday through Friday,and24 hours per day on Saturday 5162 and Sunday, and on the holidays specified in s. 112.929 5163110.117(1). 5164 Section 153. Paragraph (a) of subsection (4) of section 5165 943.0585, Florida Statutes, is amended to read: 5166 943.0585 Court-ordered expunction of criminal history 5167 records.—The courts of this state have jurisdiction over their 5168 own procedures, including the maintenance, expunction, and 5169 correction of judicial records containing criminal history 5170 information to the extent such procedures are not inconsistent 5171 with the conditions, responsibilities, and duties established by 5172 this section. Any court of competent jurisdiction may order a 5173 criminal justice agency to expunge the criminal history record 5174 of a minor or an adult who complies with the requirements of 5175 this section. The court shall not order a criminal justice 5176 agency to expunge a criminal history record until the person 5177 seeking to expunge a criminal history record has applied for and 5178 received a certificate of eligibility for expunction pursuant to 5179 subsection (2). A criminal history record that relates to a 5180 violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, 5181 s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 5182 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 5183 893.135, s. 916.1075, a violation enumerated in s. 907.041, or 5184 any violation specified as a predicate offense for registration 5185 as a sexual predator pursuant to s. 775.21, without regard to 5186 whether that offense alone is sufficient to require such 5187 registration, or for registration as a sexual offender pursuant 5188 to s. 943.0435, may not be expunged, without regard to whether 5189 adjudication was withheld, if the defendant was found guilty of 5190 or pled guilty or nolo contendere to the offense, or if the 5191 defendant, as a minor, was found to have committed, or pled 5192 guilty or nolo contendere to committing, the offense as a 5193 delinquent act. The court may only order expunction of a 5194 criminal history record pertaining to one arrest or one incident 5195 of alleged criminal activity, except as provided in this 5196 section. The court may, at its sole discretion, order the 5197 expunction of a criminal history record pertaining to more than 5198 one arrest if the additional arrests directly relate to the 5199 original arrest. If the court intends to order the expunction of 5200 records pertaining to such additional arrests, such intent must 5201 be specified in the order. A criminal justice agency may not 5202 expunge any record pertaining to such additional arrests if the 5203 order to expunge does not articulate the intention of the court 5204 to expunge a record pertaining to more than one arrest. This 5205 section does not prevent the court from ordering the expunction 5206 of only a portion of a criminal history record pertaining to one 5207 arrest or one incident of alleged criminal activity. 5208 Notwithstanding any law to the contrary, a criminal justice 5209 agency may comply with laws, court orders, and official requests 5210 of other jurisdictions relating to expunction, correction, or 5211 confidential handling of criminal history records or information 5212 derived therefrom. This section does not confer any right to the 5213 expunction of any criminal history record, and any request for 5214 expunction of a criminal history record may be denied at the 5215 sole discretion of the court. 5216 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any 5217 criminal history record of a minor or an adult which is ordered 5218 expunged by a court of competent jurisdiction pursuant to this 5219 section must be physically destroyed or obliterated by any 5220 criminal justice agency having custody of such record; except 5221 that any criminal history record in the custody of the 5222 department must be retained in all cases. A criminal history 5223 record ordered expunged that is retained by the department is 5224 confidential and exempt from the provisions of s. 119.07(1) and 5225 s. 24(a), Art. I of the State Constitution and not available to 5226 any person or entity except upon order of a court of competent 5227 jurisdiction. A criminal justice agency may retain a notation 5228 indicating compliance with an order to expunge. 5229 (a) The person who is the subject of a criminal history 5230 record that is expunged under this section or under other 5231 provisions of law, including former s. 893.14, former s. 901.33, 5232 and former s. 943.058, may lawfully deny or fail to acknowledge 5233 the arrests covered by the expunged record, unlessexceptwhen5234 the subject of the record: 5235 1. Is a candidate for employment with a criminal justice 5236 agency; 5237 2. Is a defendant in a criminal prosecution; 5238 3. Concurrently or subsequently petitions for relief under 5239 this section or s. 943.059; 5240 4. Is a candidate for admission to The Florida Bar; 5241 5. Is seeking to be employed or licensed by or to contract 5242 with the Department of Children and Family Services, the Agency 5243 for Health Care Administration, the Agency for Persons with 5244 Disabilities, or the Department of Juvenile Justice or to be 5245 employed or used by such contractor or licensee in a sensitive 5246 position having direct contact with children, the 5247 developmentally disabled, the aged, or the elderly as provided 5248 in s. 112.928110.1127(3), s. 393.063, s. 394.4572(1), s. 5249 397.451, s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 5250 415.102(5), chapter 916, s. 985.644, chapter 400, or chapter 5251 429; 5252 6. Is seeking to be employed or licensed by the Department 5253 of Education, any district school board, any university 5254 laboratory school, any charter school, any private or parochial 5255 school, or any local governmental entity that licenses child 5256 care facilities; or 5257 7. Is seeking authorization from a seaport listed in s. 5258 311.09 for employment within or access to one or more of such 5259 seaports pursuant to s. 311.12. 5260 Section 154. Paragraph (a) of subsection (4) of section 5261 943.059, Florida Statutes, is amended to read: 5262 943.059 Court-ordered sealing of criminal history records. 5263 The courts of this state shall continue to have jurisdiction 5264 over their own procedures, including the maintenance, sealing, 5265 and correction of judicial records containing criminal history 5266 information to the extent such procedures are not inconsistent 5267 with the conditions, responsibilities, and duties established by 5268 this section. Any court of competent jurisdiction may order a 5269 criminal justice agency to seal the criminal history record of a 5270 minor or an adult who complies with the requirements of this 5271 section. The court shall not order a criminal justice agency to 5272 seal a criminal history record until the person seeking to seal 5273 a criminal history record has applied for and received a 5274 certificate of eligibility for sealing pursuant to subsection 5275 (2). A criminal history record that relates to a violation of s. 5276 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s. 5277 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter 5278 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 5279 916.1075, a violation enumerated in s. 907.041, or any violation 5280 specified as a predicate offense for registration as a sexual 5281 predator pursuant to s. 775.21, without regard to whether that 5282 offense alone is sufficient to require such registration, or for 5283 registration as a sexual offender pursuant to s. 943.0435, may 5284 not be sealed, without regard to whether adjudication was 5285 withheld, if the defendant was found guilty of or pled guilty or 5286 nolo contendere to the offense, or if the defendant, as a minor, 5287 was found to have committed or pled guilty or nolo contendere to 5288 committing the offense as a delinquent act. The court may only 5289 order sealing of a criminal history record pertaining to one 5290 arrest or one incident of alleged criminal activity, except as 5291 provided in this section. The court may, at its sole discretion, 5292 order the sealing of a criminal history record pertaining to 5293 more than one arrest if the additional arrests directly relate 5294 to the original arrest. If the court intends to order the 5295 sealing of records pertaining to such additional arrests, such 5296 intent must be specified in the order. A criminal justice agency 5297 may not seal any record pertaining to such additional arrests if 5298 the order to seal does not articulate the intention of the court 5299 to seal records pertaining to more than one arrest. This section 5300 does not prevent the court from ordering the sealing of only a 5301 portion of a criminal history record pertaining to one arrest or 5302 one incident of alleged criminal activity. Notwithstanding any 5303 law to the contrary, a criminal justice agency may comply with 5304 laws, court orders, and official requests of other jurisdictions 5305 relating to sealing, correction, or confidential handling of 5306 criminal history records or information derived therefrom. This 5307 section does not confer any right to the sealing of any criminal 5308 history record, and any request for sealing a criminal history 5309 record may be denied at the sole discretion of the court. 5310 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal 5311 history record of a minor or an adult which is ordered sealed by 5312 a court of competent jurisdiction pursuant to this section is 5313 confidential and exempt from the provisions of s. 119.07(1) and 5314 s. 24(a), Art. I of the State Constitution and is available only 5315 to the person who is the subject of the record, to the subject’s 5316 attorney, to criminal justice agencies for their respective 5317 criminal justice purposes, which include conducting a criminal 5318 history background check for approval of firearms purchases or 5319 transfers as authorized by state or federal law, to judges in 5320 the state courts system for the purpose of assisting them in 5321 their case-related decisionmaking responsibilities, as set forth 5322 in s. 943.053(5), or to those entities set forth in 5323 subparagraphs (a)1., 4., 5., 6., and 8. for their respective 5324 licensing, access authorization, and employment purposes. 5325 (a) The subject of a criminal history record sealed under 5326 this section or under other provisions of law, including former 5327 s. 893.14, former s. 901.33, and former s. 943.058, may lawfully 5328 deny or fail to acknowledge the arrests covered by the sealed 5329 record, except ifwhenthe subject of the record: 5330 1. Is a candidate for employment with a criminal justice 5331 agency; 5332 2. Is a defendant in a criminal prosecution; 5333 3. Concurrently or subsequently petitions for relief under 5334 this section or s. 943.0585; 5335 4. Is a candidate for admission to The Florida Bar; 5336 5. Is seeking to be employed or licensed by or to contract 5337 with the Department of Children and Family Services, the Agency 5338 for Health Care Administration, the Agency for Persons with 5339 Disabilities, or the Department of Juvenile Justice or to be 5340 employed or used by such contractor or licensee in a sensitive 5341 position having direct contact with children, the 5342 developmentally disabled, the aged, or the elderly as provided 5343 in s. 112.928110.1127(3), s. 393.063, s. 394.4572(1), s. 5344 397.451, s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 5345 415.102(5), s. 415.103, chapter 916, s. 985.644, chapter 400, or 5346 chapter 429; 5347 6. Is seeking to be employed or licensed by the Department 5348 of Education, any district school board, any university 5349 laboratory school, any charter school, any private or parochial 5350 school, or any local governmental entity that licenses child 5351 care facilities; 5352 7. Is attempting to purchase a firearm from a licensed 5353 importer, licensed manufacturer, or licensed dealer and is 5354 subject to a criminal history check under state or federal law; 5355 or 5356 8. Is seeking authorization from a Florida seaport 5357 identified in s. 311.09 for employment within or access to one 5358 or more of such seaports pursuant to s. 311.12. 5359 Section 155. Subsection (2) of section 945.043, Florida 5360 Statutes, is amended to read: 5361 945.043 Department-operated day care services.— 5362 (2) The department is exempt from s. 112.918the5363requirements of s.110.151. 5364 Section 156. Subsection (1) of section 946.525, Florida 5365 Statutes, is amended to read: 5366 946.525 Participation by the corporation in the state group 5367 health insurance and prescription drug programs.— 5368 (1) The board of directors of the corporation established 5369 under this part may apply for participation in the state group 5370 health insurance program authorized under s. 112.942in s.5371110.123and the prescription drug coverage program authorized 5372 under s. 112.946by s.110.12315by submitting an application 5373 along with a $500 nonrefundable fee to the Department of 5374 Management Services. 5375 Section 157. Paragraph (e) of subsection (4) of section 5376 985.045, Florida Statutes, is amended to read: 5377 985.045 Court records.— 5378 (4) A court record of proceedings under this chapter is not 5379 admissible in evidence in any other civil or criminal 5380 proceeding, except that: 5381 (e) Records of proceedings under this chapter may be used 5382 to prove disqualification under ss. 112.928110.1127, 393.0655, 5383 394.457, 397.451, 402.305, 402.313, 409.175, 409.176, and 5384 985.644. 5385 Section 158. Paragraph (k) of subsection (2) of section 5386 1001.705, Florida Statutes, is amended to read: 5387 1001.705 Responsibility for the State University System 5388 under s. 7, Art. IX of the State Constitution.— 5389 (2) CONSTITUTIONAL DUTIES OF THE BOARD OF GOVERNORS OF THE 5390 STATE UNIVERSITY SYSTEM.—In accordance with s. 7, Art. IX of the 5391 State Constitution, the Board of Governors of the State 5392 University System has the duty to operate, regulate, control, 5393 and be fully responsible for the management of the whole 5394 publicly funded State University System and the board, or the 5395 board’s designee, has responsibility for: 5396 (k) Establishing a personnel system for all state 5397 university employees; however, the Department of Management 5398 Services shall retain authority over state university employees 5399 for programs established in ss. 112.942110.123, 112.947 5400110.1232, 112.948110.1234, 112.949110.1238, and 112.951 5401110.161, and in chapters 121, 122, and 238. 5402 Section 159. Paragraph (b) of subsection (6) of section 5403 1001.706, Florida Statutes, is amended to read: 5404 1001.706 Powers and duties of the Board of Governors.— 5405 (6) POWERS AND DUTIES RELATING TO PERSONNEL.— 5406 (b) The Department of Management Services shall retain 5407 authority over state university employees for programs 5408 established in ss. 112.942110.123, 112.947110.1232, 112.948 5409110.1234, 112.949110.1238, and 112.951110.161and in chapters 5410 121, 122, and 238. Unless specifically authorized by law, 5411 neither the Board of Governors nor a state university may offer 5412 group insurance programs for employees as a substitute for or as 5413 an alternative to the health insurance programs offered pursuant 5414 to chapter 112110. 5415 Section 160. Paragraph (c) of subsection (5) of section 5416 1001.74, Florida Statutes, is amended to read: 5417 1001.74 Powers and duties of university boards of 5418 trustees.— 5419 (5) POWERS AND DUTIES RELATING TO PERSONNEL.— 5420 (c) The Department of Management Services shall retain 5421 authority over state university employees for programs 5422 established in ss. 112.942110.123, 112.947110.1232, 112.948 5423110.1234, 112.949110.1238, and 112.951110.161and in chapters 5424 121, 122, and 238. Unless specifically authorized by law, 5425 neither the Board of Governors nor a state university may offer 5426 group insurance programs for employees as a substitute for or as 5427 an alternative to the health insurance programs offered pursuant 5428 to chapter 112110. 5429 Section 161. Paragraph (f) of subsection (4) and paragraph 5430 (f) of subsection (8) of section 1002.36, Florida Statutes, are 5431 amended to read: 5432 1002.36 Florida School for the Deaf and the Blind.— 5433 (4) BOARD OF TRUSTEES.— 5434 (f) The board of trustees shall: 5435 1. Prepare and submit legislative budget requests for 5436 operations and fixed capital outlay, in accordance with chapter 5437 216 and ss. 1011.56 and 1013.60, to the Department of Education 5438 for review and approval. The department must analyze the amount 5439 requested for fixed capital outlay to determine if the request 5440 is consistent with the school’s campus master plan, educational 5441 plant survey, and facilities master plan. Projections of 5442 facility space needs may exceed the norm space and occupant 5443 design criteria established in the State Requirements for 5444 Educational Facilities. 5445 2. Approve and administer an annual operating budget in 5446 accordance with ss. 1011.56 and 1011.57. 5447 3. Require all funds received other than gifts, donations, 5448 bequests, funds raised by or belonging to student clubs or 5449 student organizations, and funds held for specific students or 5450 in accounts for individual students to be deposited in the State 5451 Treasury and expended as authorized in the General 5452 Appropriations Act. 5453 4. Require all purchases to be in accordance with the 5454 provisions of chapter 287 except for purchases made with funds 5455 received as gifts, donations, or bequests; funds raised by or 5456 belonging to student clubs or student organizations; or funds 5457 held for specific students or in accounts for individual 5458 students. 5459 5. Administer and maintain personnel programs for all 5460 employees of the board of trustees and the Florida School for 5461 the Deaf and the Blind who shall be state employees, including 5462 the personnel classification and pay plan established in 5463 accordance with ss. 110.205(2)(s)110.205(2)(d)and 5464 216.251(2)(a)2. for academic and academic administrative 5465 personnel, the provisions of chapter 110, and the provisions of 5466 law that grant authority to the Department of Management 5467 Services over such programs for state employees. 5468 6. Give preference in appointment and retention in 5469 positions of employment as provided within s. 295.07(1). 5470 7. Ensure that the Florida School for the Deaf and the 5471 Blind complies with s. 1013.351 concerning the coordination of 5472 planning between the Florida School for the Deaf and the Blind 5473 and local governing bodies. 5474 8. Ensure that the Florida School for the Deaf and the 5475 Blind complies with s. 112.061 concerning per diem and travel 5476 expenses of public officers, employees, and authorized persons 5477 with respect to all funds other than funds received as gifts, 5478 donations, or bequests; funds raised by or belonging to student 5479 clubs or student organizations; or funds held for specific 5480 students or in accounts for individual students. 5481 9. Adopt a master plan thatwhichspecifies the mission and 5482 objectives of the Florida School for the Deaf and the Blind. The 5483 plan shall include, but not be limited to, procedures for 5484 systematically measuring the school’s progress toward meeting 5485 its objectives, analyzing changes in the student population, and 5486 modifying school programs and services to respond to such 5487 changes. The plan shall be for a period of 5 years and shall be 5488 reviewed for needed modifications every 2 years. The board of 5489 trustees shall submit the initial plan and subsequent 5490 modifications to the Speaker of the House of Representatives and 5491 the President of the Senate. 5492 10. Designate a portion of the school as “The Verle Allyn 5493 Pope Complex for the Deaf,” in tribute to the late Senator Verle 5494 Allyn Pope. 5495 (8) CAMPUS POLICE.— 5496 (f) The board of trustees shall adopt rules, including, 5497 without limitation, rules for the appointment, employment, and 5498 removal of campus police in accordance with the CivilState5499CareerService under chapter 110Systemand shall establish in 5500 writing a policy manual,that includes, without limitation, 5501 procedures for managing routine law enforcement situations and 5502 emergency law enforcement situations. The board of trustees 5503 shall furnish a copy of the policy manual to each of the campus 5504 police officers it employs. A campus police officer appointed by 5505 the board of trustees must have completed the training required 5506 by the school in the special needs and proper procedures for 5507 dealing with students served by the school. 5508 Section 162. Section 1012.62, Florida Statutes, is amended 5509 to read: 5510 1012.62 Transfer of sick leave and annual leave.—In 5511 implementingthe provisions ofss. 402.22(1)(d) and 5512 1001.42(4)(m), educational personnel in Department of Children 5513 and Family Services residential care facilities who are employed 5514 by a district school board may request, and the district school 5515 board shall accept, a lump-sum transfer of accumulated sick 5516 leave for such personnel to the maximum allowed by policies of 5517 the district school board, notwithstandingthe provisions ofs. 5518 112.913110.122. Educational personnel in Department of Children 5519 and Family Services residential care facilities who are employed 5520 by a district school board underthe provisions ofs. 5521 402.22(1)(d) may request, and the district school board shall 5522 accept, a lump-sum transfer of accumulated annual leave for each 5523 person employed by the district school board in a position in 5524 the district eligible to accrue vacation leave under the 5525 policies of the district school board. 5526 Section 163. Subsection (5) of section 1012.79, Florida 5527 Statutes, is amended to read: 5528 1012.79 Education Practices Commission; organization.— 5529 (5) The commission, by a vote of three-fourths of the 5530 membership, shall employ an executive director, who shall be 5531 exempt from the CivilcareerService. The executive director may 5532 be dismissed by a majority vote of the membership. 5533 Section 164. Subsection (6) of section 1012.88, Florida 5534 Statutes, is amended to read: 5535 1012.88 Florida College System institution police.— 5536 (6) The Florida College System institution, with the 5537 approval of the Department of Law Enforcement, shall adopt 5538 rules, including, without limitation, rules for the appointment, 5539 employment, and removal of Florida College System institution 5540 police in accordance with the Civilstate CareerService under 5541 chapter 110Systemand shall establish in writing a policy 5542 manual,that includes, without limitation, procedures for 5543 managing routine law enforcement situations and emergency law 5544 enforcement situations. The Florida College System institution 5545 shall furnish a copy of the policy manual to each of the police 5546 officers it employs. 5547 Section 165. Section 1012.96, Florida Statutes, is amended 5548 to read: 5549 1012.96 IFAS extension personnel; federal health insurance 5550programs notwithstanding the provisions of s.110.123. 5551 Notwithstanding s. 112.942, the Institute of Food and 5552 Agricultural Sciences at the University of Florida may pay the 5553 employer’s share of premiums to the Federal Health Benefits 5554 Insurance Program from its appropriated budget for any 5555 cooperative extension employee of the institute having both 5556 state and federal appointments and participating in the Federal 5557 Civil Service Retirement System. 5558 Section 166. This act shall take effect July 1, 2012.