ENROLLED
       2011 Legislature       CS for CS for CS for SB 88, 2nd Engrossed
       
       
       
       
       
       
                                                               201188er
    1  
    2         An act relating to public employee compensation;
    3         amending s. 215.425, F.S.; revising provisions
    4         relating to the prohibition against the payment of
    5         extra compensation; authorizing the payment of bonuses
    6         and severance pay to officers, agents, employees, and
    7         contractors of a public hospital under certain
    8         circumstances; providing for bonuses; specifying the
    9         conditions for paying bonuses; requiring that
   10         contracts providing for severance pay under certain
   11         circumstances include specified provisions; providing
   12         an exception; defining the term “severance pay”;
   13         prohibiting certain contract provisions that provide
   14         for extra compensation to limit the ability to discuss
   15         the contract; amending s. 125.01, F.S.; deleting
   16         provisions relating to the power of a county to pay
   17         extra compensation; amending s. 166.021, F.S.;
   18         deleting a provision that allows a municipality to pay
   19         extra compensation; amending s. 112.061, F.S.;
   20         conforming cross-references; repealing s. 373.0795,
   21         F.S., relating to a prohibition against severance pay
   22         for officers or employees of water management
   23         districts; providing an effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 215.425, Florida Statutes, is amended to
   28  read:
   29         215.425 Extra compensation claims prohibited; bonuses;
   30  severance pay.—
   31         (1) No extra compensation shall be made to any officer,
   32  agent, employee, or contractor after the service has been
   33  rendered or the contract made; nor shall any money be
   34  appropriated or paid on any claim the subject matter of which
   35  has not been provided for by preexisting laws, unless such
   36  compensation or claim is allowed by a law enacted by two-thirds
   37  of the members elected to each house of the Legislature.
   38  However, when adopting salary schedules for a fiscal year, a
   39  district school board or community college district board of
   40  trustees may apply the schedule for payment of all services
   41  rendered subsequent to July 1 of that fiscal year.
   42         (2)The provisions of This section does do not apply to:
   43         (a) A bonus or severance pay that is paid wholly from
   44  nontax revenues and nonstate-appropriated funds, the payment and
   45  receipt of which does not otherwise violate part III of chapter
   46  112, and which is paid to an officer, agent, employee, or
   47  contractor of a public hospital that is operated by a county or
   48  a special district; or Extra compensation given to state
   49  employees who are included within the senior management group
   50  pursuant to rules adopted by the Department of Management
   51  Services; to extra compensation given to county, municipal, or
   52  special district employees pursuant to policies adopted by
   53  county or municipal ordinances or resolutions of governing
   54  boards of special districts or to employees of the clerk of the
   55  circuit court pursuant to written policy of the clerk; or to
   56         (b) A clothing and maintenance allowance given to
   57  plainclothes deputies pursuant to s. 30.49.
   58         (3) Any policy, ordinance, rule, or resolution designed to
   59  implement a bonus scheme must:
   60         (a) Base the award of a bonus on work performance;
   61         (b) Describe the performance standards and evaluation
   62  process by which a bonus will be awarded;
   63         (c) Notify all employees of the policy, ordinance, rule, or
   64  resolution before the beginning of the evaluation period on
   65  which a bonus will be based; and
   66         (d) Consider all employees for the bonus.
   67         (4)(a) On or after July 1, 2011, a unit of government that
   68  enters into a contract or employment agreement, or renewal or
   69  renegotiation of an existing contract or employment agreement,
   70  that contains a provision for severance pay with an officer,
   71  agent, employee, or contractor must include the following
   72  provisions in the contract:
   73         1. A requirement that severance pay provided may not exceed
   74  an amount greater than 20 weeks of compensation.
   75         2. A prohibition of provision of severance pay when the
   76  officer, agent, employee, or contractor has been fired for
   77  misconduct, as defined in s. 443.036(29), by the unit of
   78  government.
   79         (b) On or after July 1, 2011, an officer, agent, employee,
   80  or contractor may receive severance pay that is not provided for
   81  in a contract or employment agreement if the severance pay
   82  represents the settlement of an employment dispute. Such
   83  severance pay may not exceed an amount greater than 6 weeks of
   84  compensation. The settlement may not include provisions that
   85  limit the ability of any party to the settlement to discuss the
   86  dispute or settlement.
   87         (c) This subsection does not create an entitlement to
   88  severance pay in the absence of its authorization.
   89         (d) As used in this subsection, the term “severance pay”
   90  means the actual or constructive compensation, including salary,
   91  benefits, or perquisites, for employment services yet to be
   92  rendered which is provided to an employee who has recently been
   93  or is about to be terminated. The term does not include
   94  compensation for:
   95         1. Earned and accrued annual, sick, compensatory, or
   96  administrative leave;
   97         2. Early retirement under provisions established in an
   98  actuarially funded pension plan subject to part VII of chapter
   99  112; or
  100         3. Any subsidy for the cost of a group insurance plan
  101  available to an employee upon normal or disability retirement
  102  that is by policy available to all employees of the unit of
  103  government pursuant to the unit’s health insurance plan. This
  104  subparagraph may not be construed to limit the ability of a unit
  105  of government to reduce or eliminate such subsidies.
  106         (5) Any agreement or contract, executed on or after July 1,
  107  2011, which involves extra compensation between a unit of
  108  government and an officer, agent, employee, or contractor may
  109  not include provisions that limit the ability of any party to
  110  the agreement or contract to discuss the agreement or contract.
  111         Section 2. Paragraphs (cc) and (dd) of subsection (1) of
  112  section 125.01, Florida Statutes, are redesignated as paragraphs
  113  (bb) and (cc), respectively, and paragraph (bb) of that
  114  subsection is amended to read:
  115         125.01 Powers and duties.—
  116         (1) The legislative and governing body of a county shall
  117  have the power to carry on county government. To the extent not
  118  inconsistent with general or special law, this power includes,
  119  but is not restricted to, the power to:
  120         (bb) Notwithstanding the prohibition against extra
  121  compensation set forth in s. 215.425, provide for an extra
  122  compensation program, including a lump-sum bonus payment
  123  program, to reward outstanding employees whose performance
  124  exceeds standards, if the program provides that a bonus payment
  125  may not be included in an employee’s regular base rate of pay
  126  and may not be carried forward in subsequent years.
  127         Section 3. Present subsections (8) through (10) of section
  128  166.021, Florida Statutes, are redesignated as subsections (7)
  129  through (9) respectively, and present subsection (7) of that
  130  section is amended, to read:
  131         166.021 Powers.—
  132         (7) Notwithstanding the prohibition against extra
  133  compensation set forth in s. 215.425, the governing body of a
  134  municipality may provide for an extra compensation program,
  135  including a lump-sum bonus payment program, to reward
  136  outstanding employees whose performance exceeds standards, if
  137  the program provides that a bonus payment may not be included in
  138  an employee’s regular base rate of pay and may not be carried
  139  forward in subsequent years.
  140         Section 4. Paragraphs (a) and (c) of subsection (14) of
  141  section 112.061, Florida Statutes, are amended to read:
  142         112.061 Per diem and travel expenses of public officers,
  143  employees, and authorized persons.—
  144         (14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
  145  SCHOOL BOARDS, SPECIAL DISTRICTS, AND METROPOLITAN PLANNING
  146  ORGANIZATIONS.—
  147         (a) The following entities may establish rates that vary
  148  from the per diem rate provided in paragraph (6)(a), the
  149  subsistence rates provided in paragraph (6)(b), or the mileage
  150  rate provided in paragraph (7)(d) if those rates are not less
  151  than the statutorily established rates that are in effect for
  152  the 2005-2006 fiscal year:
  153         1. The governing body of a county by the enactment of an
  154  ordinance or resolution;
  155         2. A county constitutional officer, pursuant to s. 1(d),
  156  Art. VIII of the State Constitution, by the establishment of
  157  written policy;
  158         3. The governing body of a district school board by the
  159  adoption of rules;
  160         4. The governing body of a special district, as defined in
  161  s. 189.403(1), except those special districts that are subject
  162  to s. 166.021(9) 166.021(10), by the enactment of a resolution;
  163  or
  164         5. Any metropolitan planning organization created pursuant
  165  to s. 339.175 or any other separate legal or administrative
  166  entity created pursuant to s. 339.175 of which a metropolitan
  167  planning organization is a member, by the enactment of a
  168  resolution.
  169         (c) Except as otherwise provided in this subsection,
  170  counties, county constitutional officers and entities governed
  171  by those officers, district school boards, special districts,
  172  and metropolitan planning organizations, other than those
  173  subject to s. 166.021(9) 166.021(10), remain subject to the
  174  requirements of this section.
  175         Section 5. Section 373.0795, Florida Statutes, is repealed.
  176         Section 6. This act shall take effect July 1, 2011.