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
  263  Employment policy of the state.—
  264         (1) It is The purpose of this chapter is to establish the
  265  State Personnel a System of personnel management. The This
  266  system shall provide a means for maintaining to recruit, select,
  267  train, develop, and maintain an effective and responsible
  268  workforce and include shall include policies, and procedures,
  269  and guidelines for employee hiring and advancement, training and
  270  career development, position classification, salary
  271  administration, benefits, attendance and leave, discipline,
  272  dismissal discharge, employee performance evaluations,
  273  affirmative action, and other related activities.
  274         (2)All appointments, terminations, assignments and
  275  maintenance of status, compensation, privileges, and other terms
  276  and conditions of employment in state government shall be made
  277  without regard to age, sex, race, religion, national origin,
  278  political affiliation, marital status, or handicap, except when
  279  a specific sex, age, or physical requirement constitutes a bona
  280  fide occupational qualification necessary to proper and
  281  efficient administration.
  282         (3)Except as expressly provided by law, there shall be no
  283  Florida residence requirement for any person as a condition
  284  precedent to employment by the state; however, preference may be
  285  given to Florida residents in hiring.
  286         (2)(4) This chapter contains the requirements and guides
  287  for establishing and maintaining a system of personnel
  288  administration on a merit basis. The system of personnel
  289  administration shall be implemented so as to ensure that the
  290  permit state agencies participating in the State Personnel
  291  System are to be eligible for to receive federal funds.
  292         (5)Nothing in this chapter shall be construed either to
  293  infringe upon or to supersede the rights guaranteed public
  294  employees 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         110.1054 110.107 Definitions.—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 regular
  305  hours of employment in a pay period, or temporary leave without
  306  pay for one or more pay periods, with a commensurate reduction
  307  in pay, necessitated by a projected deficit in any fund that
  308  supports salary and benefit appropriations. The deficit must be
  309  projected by the Revenue Estimating Conference pursuant to s.
  310  216.136(3).
  311         (31)(4) “State agency” or “agency” means any entity within
  312  the State Personnel System official, officer, commission, board,
  313  authority, council, committee, or department of the executive
  314  branch or the judicial branch of state government as defined in
  315  chapter 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, assigned to be performed 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 that which are
  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 system plan” means a formal
  378  description of the concepts, rules, job family definitions,
  379  occupational group characteristics, and occupational profiles,
  380  and broadband levels used to classify in the classification of
  381  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
  387  which contains a complete list of occupation titles, broadband
  388  level codes, and pay 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  that which has 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  position in one broadband level in an occupational group to a
  401  higher or lower broadband level within in the 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 position occupational group or to a
  405  broadband 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
  409  changing the classification of an employee to a broadband level
  410  having a higher maximum salary; or the changing of the
  411  classification of an employee to a broadband level having the
  412  same or a lower maximum salary but a higher level of
  413  responsibility.
  414         (4)(18) “Demotion” means moving a civil service changing
  415  the classification of an employee 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 the
  418  changing of the classification of an employee to a broadband
  419  level having the same or a higher maximum salary but a lower
  420  level of responsibility.
  421         (35)(19) “Transfer” means moving a civil service an
  422  employee from one geographic location of the state to a
  423  different geographic location that is more than in excess of 50
  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 service an
  428  employee from a position in an occupation to a position in the
  429  same occupation and one broadband level but which has different
  430  duties; or to a different position in a different occupation
  431  that has a the same broadband level with the same maximum
  432  salary; or to a position in the same occupation and different
  433  broadband level regardless of the duties, but in a different
  434  agency having 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 service an
  437  employee which results resulting in 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 which against an employee to temporarily relieves
  442  relieve the employee of his or her duties and places place him
  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  civil career service 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 to under the provisions of chapter 20 or other law
  457  statutory authority.
  458         (25)“Shared employment” means part-time career employment
  459  whereby the duties and responsibilities of a full-time position
  460  in the career service are divided among part-time employees who
  461  are eligible for the position and who receive career service
  462  benefits and wages pro rata. In no case shall “shared
  463  employment” include the employment of persons paid from other
  464  personal-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  specialist required to be certified 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 that which are payable for work
  485  in a specific broadband level.
  486         (2)(31) “Broadband level” means all positions that which
  487  are sufficiently similar in knowledge, skills, and abilities;
  488  the, and sufficiently similar as to kind or subject matter of
  489  work; the, level of difficulty or responsibility;
  490  responsibilities, and qualification requirements of the work so
  491  as to warrant the same treatment with respect as to 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; records and rulemaking authority.—
  496         (1) The department of Management Services shall adopt rules
  497  as necessary to carry out its statutory duties effectuate the
  498  provisions of this chapter, as amended by this act, and in
  499  accordance with the authority granted to the department in this
  500  chapter. All existing rules relating to this chapter are
  501  statutorily repealed January 1, 2002, unless otherwise
  502  readopted.
  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         110.1056Agency 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         110.106 110.405 Advisory committees.—The secretary of
  565  Management Services may 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 committees Any Such
  569  committee shall consist of not more than nine members, who shall
  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, to advise and consult with the secretary on such matters
  573  affecting the State Personnel System Senior Management Service
  574  as the secretary requests. Members shall serve without
  575  compensation, but are shall be entitled to receive reimbursement
  576  for travel expenses as provided in s. 112.061. The secretary may
  577  periodically hire a consultant who has with expertise in
  578  personnel administration management to advise him or her with
  579  respect to the administration of the State Personnel System
  580  Senior 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         110.1075 110.233 Political activities and unlawful acts
  628  prohibited.—
  629         (1) No person shall be appointed to, demoted, or dismissed
  630  from any position in the Civil career Service, or in any way
  631  favored or discriminated against with respect to employment in
  632  the Civil career Service, because of race, color, national
  633  origin, sex, handicap, religious creed, or political opinion or
  634  affiliation.
  635         (2) No person may shall use 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 Civil career Service, 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 are shall not be considered political pressure unless
  645  they contain any such letter contains a 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 that which may be ascribed thereto by
  649  lawful authority, includes the use of official authority or
  650  influence in any manner prohibited by this chapter.
  651         (3) No person may shall, 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
  656  career Service. The provisions of This subsection does do not
  657  apply to a private employment agency if licensed pursuant to the
  658  provisions of chapter 449 when the services of the such private
  659  employment agency are requested by a state agency, board,
  660  department, or commission and 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, an no employee in the Civil career Service may not
  667  shall:
  668         (a) Hold, or be a candidate for, public office while in the
  669  employment of the state or take an any active 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  if when authorized by his or her agency head and approved by the
  674  department as not involving an no interest that which conflicts
  675  or activity that which interferes with his or her state
  676  employment, an employee in the Civil career Service 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 paragraph the 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
  685  shall use 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  Personnel Career Service System employees which that require
  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, whether public 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
  701  and training opportunities for state employees.—
  702         (1) The education and professional development of employees
  703  training are an integral components component in 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
  707  training opportunities, an a state employee may be authorized to
  708  receive a voucher, or grant, or tuition reimbursement for
  709  matriculation fees, to attend work-related courses at public
  710  community colleges, public career centers, or public
  711  universities, or other accredited postsecondary educational
  712  institutions. The department may implement the provisions of
  713  this section from funds appropriated to the department for this
  714  purpose. In the event insufficient funds are appropriated to the
  715  department, Each state agency may supplement these funds to
  716  support the educational and professional development training
  717  and education needs of its employees from funds appropriated to
  718  the agency.
  719         (2)The department, in conjunction with the agencies, shall
  720  request that public universities provide evening and weekend
  721  programs for state employees. When evening and weekend training
  722  and educational programs are not available, an employee may be
  723  authorized to take paid time off during his or her regular
  724  working hours for training and career development, as provided
  725  in s. 110.105(1), if such training benefits the employer as
  726  determined by that employee’s agency head.
  727         (2)(3) An employee who exhibits superior aptitude and
  728  performance may be authorized by his or her that employee’s
  729  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 development training. The That
  732  employee must enter into a contract to return to the agency
  733  granting the leave state employment for a period of time equal
  734  to the length of the leave of absence or refund the salary and
  735  benefits paid during the his or her educational leave of
  736  absence.
  737         (3)(4) As a precondition to approving an employee’s
  738  training request for an educational, professional development,
  739  or training program, an agency or the judicial branch may
  740  require the an employee 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,
  744  requires the employee must to reimburse the agency or judicial
  745  branch for up to the total cost of fees and associated expenses
  746  for the program if the registration fee or similar expense for
  747  any training or training series when the total cost of the fee
  748  or similar expense exceeds $1,000 if the employee voluntarily
  749  terminates employment or is discharged for cause from the agency
  750  or judicial branch within a specified period of time not to
  751  exceed 4 years after the conclusion of the training. This
  752  subsection does not apply to any training program or course that
  753  an agency or the judicial branch requires an employee to attend.
  754  An agency or the judicial branch may pay the outstanding balance
  755  then due and owing on behalf of an a state employee under this
  756  subsection in connection with the recruitment and hiring of such
  757  state employee.
  758         (4)(5) The department may of Management Services, in
  759  consultation with the agencies and, to the extent applicable,
  760  with Florida’s public community colleges, public career centers,
  761  and public universities, shall adopt 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         110.1115 110.235 Training 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 for
  772  productivity enhancement; to continuously improve the quality of
  773  services,; and to satisfy the expectations of the public.
  774         (2) Each state employing agency shall provide the
  775  department with training information as requested for the
  776  purpose of analyzing statewide training needs annually evaluate
  777  and report to the department the training it has implemented and
  778  the progress it has made in the area of training.
  779         (3) As approved by the Legislature by law, Each state
  780  employing agency may use a portion specified percentage of 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         110.112 Affirmative action; Equal employment opportunity.—
  818         (1) It is shall be the policy of the State Personnel System
  819  to assist in ensuring providing the assurance of equal
  820  employment opportunity through programs of affirmative and
  821  positive action that will allow full utilization of women and
  822  minorities.
  823         (2)(a) The head of each state executive agency shall
  824  develop and implement an affirmative action plan in accordance
  825  with this section and applicable state and federal laws rules
  826  adopted by the department and approved by a majority vote of the
  827  Administration Commission before their adoption.
  828         (a)(b) Each executive agency 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. Each executive agency shall design its
  832  affirmative action plan to meet its established goals.
  833         (b)(c) An equal affirmative action-equal employment
  834  opportunity officer shall be appointed by the head of each
  835  executive agency. The affirmative action-equal employment
  836  opportunity officer’s responsibilities must include determining
  837  annual goals, monitoring agency compliance, and providing
  838  consultation to managers regarding progress, deficiencies, and
  839  appropriate 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 market the implementation, continuance,
  844  updating, and results of each executive agency’s affirmative
  845  action plan for 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 supervisory
  849  personnel of the executive agencies training in the principles
  850  of equal employment opportunity and affirmative action, the
  851  development and implementation of affirmative action plans, and
  852  the establishment of annual affirmative action goals. The
  853  department may contract for training services, and each
  854  participating agency shall reimburse the department for costs
  855  incurred through such contract. After the department approves
  856  the contents of the training program for the agencies, the
  857  department 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 of
  861  groups underrepresented in its workforce as compared to the
  862  relevant labor market in this state. The state attorneys’ and
  863  public defenders’ affirmative action plans must be designed to
  864  meet the established goals.
  865         (c)Appoint an affirmative action-equal employment
  866  opportunity officer.
  867         (d)Report annually to the Justice Administrative
  868  Commission on the implementation, continuance, updating, and
  869  results of his or her affirmative action program for the
  870  previous fiscal year.
  871         (3)(4)Each The state agency, its agencies and officers
  872  shall ensure freedom from discrimination in employment in
  873  accordance with applicable state and federal laws as provided by
  874  the Florida Civil Rights Act of 1992, by s. 112.044, and by this
  875  chapter.
  876         (4) All recruitment literature that references State
  877  Personnel System position vacancies must contain the phrase “An
  878  Equal Opportunity Employer.”
  879         (5) An Any individual 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
  883  shall review and monitor executive agency actions in carrying
  884  out the rules adopted by the department pursuant to this
  885  section.
  886         Section 13. Section 110.1135, Florida Statutes, is created
  887  to read:
  888         110.1135Attendance 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 information Personnel information
  897  system; payroll procedures.—
  898         (1) The department of Management Services shall establish
  899  and maintain, in coordination with the payroll system of the
  900  Department of Financial Services, a complete human resource
  901  personnel information system for all authorized and established
  902  positions in the State Personnel System service, with the
  903  exception of employees of the Legislature, unless the
  904  Legislature chooses to participate. The department may contract
  905  with a vendor to provide the human resource personnel
  906  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 with the provisions of s. 216.251. The
  912  human resource information system must include Department of
  913  Management Services shall develop and maintain a position
  914  numbering system that identifies will identify each established
  915  position, and such information shall be a part of the payroll
  916  system of the Department of Financial Services. The With the
  917  exception of employees of the Legislature, unless the
  918  Legislature chooses to participate, this system must shall
  919  include all civil career service positions and those positions
  920  exempted from the Civil career Service provisions,
  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 must A list shall be organized by budget entity to
  927  show the employees or vacant positions within each budget
  928  entity. The information This list shall 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         110.1245 Savings sharing program; Bonus payments; other
  936  awards.—
  937         (1)(a)The Department of Management Services shall adopt
  938  rules that prescribe procedures and promote a savings sharing
  939  program for an individual or group of employees who propose
  940  procedures or ideas that are adopted and that result in
  941  eliminating or reducing state expenditures, if such proposals
  942  are placed in effect and may be implemented under current
  943  statutory authority.
  944         (b)Each agency head shall recommend employees individually
  945  or by group to be awarded an amount of money, which amount shall
  946  be directly related to the cost savings realized. Each proposed
  947  award and amount of money must be approved by the Legislative
  948  Budget Commission.
  949         (c)Each state agency, unless otherwise provided by law,
  950  may participate in the program. The Chief Justice shall have the
  951  authority to establish a savings sharing program for employees
  952  of the judicial branch within the parameters established in this
  953  section. The program shall apply to all employees within the
  954  Career Service, the Selected Exempt Service, and comparable
  955  employees within the judicial branch.
  956         (d)The department and the judicial branch shall submit
  957  annually to the President of the Senate and the Speaker of the
  958  House of Representatives information that outlines each agency’s
  959  level of participation in the savings sharing program. The
  960  information shall include, but is not limited to:
  961         1.The number of proposals made.
  962         2.The number of dollars and awards made to employees or
  963  groups for adopted proposals.
  964         3.The actual cost savings realized as a result of
  965  implementing employee or group proposals.
  966         (1)(2)State agencies may pay In June of each year, bonuses
  967  shall be paid to 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. Each
  971  agency shall develop a plan for awarding lump-sum bonuses, which
  972  plan shall be submitted no later than September 15 of each year
  973  and approved by the Office of Policy and Budget in the Executive
  974  Office of the Governor. Such plan shall include, at a minimum,
  975  but is not limited to:
  976         (a)A statement that bonuses are subject to specific
  977  appropriation by the Legislature.
  978         (b)Eligibility criteria as follows:
  979         1.The employee must have been employed prior to July 1 of
  980  that fiscal year and have been continuously employed through the
  981  date of distribution.
  982         2.The employee must not have been on leave without pay
  983  consecutively for more than 6 months during the fiscal year.
  984         3.The employee must have had no sustained disciplinary
  985  action during the period beginning July 1 through the date the
  986  bonus checks are distributed. Disciplinary actions include
  987  written reprimands, suspensions, dismissals, and involuntary or
  988  voluntary demotions that were associated with a disciplinary
  989  action.
  990         4.The employee must have demonstrated a commitment to the
  991  agency mission by reducing the burden on those served,
  992  continually improving the way business is conducted, producing
  993  results in the form of increased outputs, and working to improve
  994  processes.
  995         5.The employee must have demonstrated initiative in work
  996  and have exceeded normal job expectations.
  997         6.The employee must have modeled the way for others by
  998  displaying agency values of fairness, cooperation, respect,
  999  commitment, honesty, excellence, and teamwork.
 1000         (c)A periodic evaluation process of the employee’s
 1001  performance.
 1002         (d)A process for peer input that is fair, respectful of
 1003  employees, and affects the outcome of the bonus distribution.
 1004         (e)A division of the agency by work unit for purposes of
 1005  peer input and bonus distribution.
 1006         (f)A limitation on bonus distributions equal to 35 percent
 1007  of the agency’s total authorized positions. This requirement may
 1008  be waived by the Office of Policy and Budget in the Executive
 1009  Office of the Governor upon a showing of exceptional
 1010  circumstances.
 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 to department head is authorized to incur
 1015  expenditures to award suitable framed certificates, pins, and
 1016  other tokens of recognition to retiring state employees based on
 1017  exemplary performance or whose service with the state has been
 1018  satisfactory, in appreciation of their role in the achievement
 1019  of the agency’s mission, values, or goals and recognition of
 1020  such service.
 1021         (a)Each award Such awards may not exceed more than $1,000
 1022  cost in excess of $100 each plus 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 agency department head may is authorized to
 1030  incur expenditures to award suitable framed certificates, pins,
 1031  and or other noncash tokens of recognition. Each token to state
 1032  employees who demonstrate satisfactory service in the agency or
 1033  to the state, in appreciation and recognition of such service.
 1034  Such awards may not cost more than $150 in excess of $100 each
 1035  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 incur
 1046  expenditures not to exceed $100 each plus applicable taxes for
 1047  suitable framed certificates, plaques, or other tokens of
 1048  recognition to any appointed member of a state board or
 1049  commission whose service to the state has been satisfactory, in
 1050  appreciation and recognition of such service upon the expiration
 1051  of such board or commission member’s final term in such
 1052  position.
 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 System program established by this chapter shall
 1058  be paid by the state various agencies of 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 department of
 1061  Management Services.
 1062         (a) To establish an equitable division of the costs, 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 System determined in such
 1068  proportion as the service rendered to each agency bears to the
 1069  total service rendered under the provisions of this chapter. The
 1070  amounts paid to the Department of Management Services which are
 1071  attributable to positions within the Senior Management Service
 1072  and the Selected Professional Service shall be used for the
 1073  administration of such services, training activities for
 1074  positions within those services, and the development and
 1075  implementation of a database of pertinent historical information
 1076  on exempt positions.
 1077         (b) If a Should any state agency is become more than 90
 1078  days delinquent in paying payment of this obligation, the
 1079  department shall certify to the Chief Financial Officer the
 1080  amount due and the Chief Financial Officer shall transfer that
 1081  the amount due to the department from any available debtor
 1082  agency funds available.
 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 may shall have power to administer
 1100  oaths, subpoena witnesses, and compel the production of books,
 1101  and papers, or other records, in written or electronic form,
 1102  relevant pertinent to any investigation of personnel practices
 1103  or hearing authorized by this chapter. Any person who fails
 1104  shall fail to appear in response to a subpoena or to answer any
 1105  question or produce any books or papers relevant pertinent to
 1106  any such investigation or hearing or who shall knowingly gives
 1107  give false testimony commits therein shall be guilty of a
 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 or of any rules adopted pursuant to this chapter commits
 1117  the authority herein granted is guilty of a misdemeanor of the
 1118  second degree, punishable as provided in s. 775.082 or s.
 1119  775.083.
 1120         (2) The provisions of s. 112.011 to the contrary
 1121  Notwithstanding s. 112.011, any person who is convicted of a
 1122  misdemeanor under this chapter is shall be, for a period of 5
 1123  years, ineligible for appointment to or employment in a state
 1124  position for 5 years in the state service and, if an employee of
 1125  the state, shall forfeit his or her position.
 1126         (3) Imposition of the penalties provided in this section
 1127  may shall not be in lieu of any action that which may be taken
 1128  or penalties that which may 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         110.182 110.2037Alternative benefits; Tax-sheltered annual
 1136  leave and sick leave payments and special compensation
 1137  payments.—
 1138         (1) The department may of Management Services has authority
 1139  to adopt tax-sheltered plans under s. 401(a) of the Internal
 1140  Revenue Code for state employees 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 are shall be limited to state employees 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 with the provisions of s. 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 that the vendors provide market-risk or
 1167  volatility ratings from recognized rating agencies for each of
 1168  their investment products.
 1169         (f) The department shall provide for a 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 may elect to withdraw the moneys and no without penalty
 1175  may be assessed by the plan administrator. If an any employee is
 1176  adversely affected by payment of an excise tax or an any
 1177  Internal Revenue Service penalty by withdrawing electing to
 1178  withdraw funds within 30 days, the plan must shall include a
 1179  provision that provides which will provide the 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  112.913 110.122, 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 have with 10 years of service,
 1189  and for employees participating in the Deferred Retirement
 1190  Option Program on or after July 1, 2001, and who 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 must or plans shall provide 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 in This section does not shall be construed to
 1198  remove plan participants from the scope of s. 112.913(5)
 1199  110.122(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         110.183Collective 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         110.202Declaration 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 Civil Career Service; exemptions.—
 1236         (1) CIVIL SERVICE CAREER POSITIONS.—The Civil career
 1237  Service to which this part applies includes all positions within
 1238  the State Personnel System not specifically exempted by this
 1239  section part, notwithstanding any other provisions of law the
 1240  Florida Statutes to the contrary notwithstanding.
 1241         (2) EXEMPT POSITIONS.—The exempt positions that are not
 1242  covered by this part include the following 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 an any such officer who serves as the head of an
 1248  agency a department shall 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 universities and the academic personnel and academic
 1259  administrative personnel of the Florida School for the Deaf and
 1260  the Blind. In accordance with the provisions of s. 1002.36, the
 1261  salaries for academic personnel and academic administrative
 1262  personnel of the Florida School for the Deaf and the Blind shall
 1263  be set by the board of trustees for the school, subject only to
 1264  the approval of the State Board of Education.
 1265         (e)The Chief Information Officer in the Agency for
 1266  Enterprise Information Technology. Unless otherwise fixed by
 1267  law, the Agency for Enterprise Information Technology shall set
 1268  the salary and benefits of this position in accordance with the
 1269  rules 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. 112.907 110.131.
 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
 1289  departments; the executive directors, assistant executive
 1290  directors, deputy executive directors, and deputy assistant
 1291  executive directors of all agencies departments; 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, including which
 1295  positions include, but are not 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  directors the Director of Central Operations Services of the
 1301  Department 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, and the 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 agency of
 1313  the 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 department
 1317  directors and county health department administrators of the
 1318  Department of Health.
 1319         (k)The personal secretary to the incumbent of each
 1320  position exempted in paragraphs (a), (e), and (j). Unless
 1321  otherwise fixed by law, the department shall set the salary and
 1322  benefits of these positions in accordance with the rules of the
 1323  Selected 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  set established by 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
 1353  career service as if career service employees.
 1354         (i)(m)Upper management positions.All assistant division
 1355  director, deputy division director, and bureau chief positions
 1356  in any agency department, 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,
 1362  which include, but are not limited to:
 1363         1. Positions in the Department of Health and the Department
 1364  of Children and Family Services which that are assigned primary
 1365  duties of serving as the superintendent or assistant
 1366  superintendent of an institution.
 1367         2. Positions in the Department of Corrections which that
 1368  are assigned primary duties of serving as the warden, assistant
 1369  warden, colonel, or major of an institution or which that are
 1370  assigned primary duties of serving as the circuit administrator
 1371  or deputy circuit administrator.
 1372         3. Positions in the Department of Transportation which that
 1373  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  which that are assigned the duty of an environmental
 1378  administrator or program administrator.
 1379         5. Positions in the Department of Health which that are
 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  
 1390  Unless otherwise fixed by law, the department shall set the
 1391  salary and benefits of the positions listed in this paragraph in
 1392  accordance with the rules established for the Selected Exempt
 1393  Service.
 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 agency department head 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
 1400  Career Service System. Civil Career service employees who occupy
 1401  a position designated as a position in the Selected Exempt
 1402  Service under this paragraph may shall have the right to remain
 1403  in the Civil Career Service System by 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,
 1408  that if the agency head determines that the general counsel,
 1409  chief Cabinet aide, public information administrator or
 1410  comparable position for a Cabinet officer, inspector general, or
 1411  legislative affairs director has both policymaking and
 1412  managerial responsibilities and if the department determines
 1413  that any such position has both policymaking and managerial
 1414  responsibilities, the salary and benefits for each such position
 1415  shall be established by the department in accordance with the
 1416  rules of the Senior Management Service.
 1417         b.In addition, each department may designate one
 1418  additional position in the Senior Management Service if that
 1419  position reports directly to the agency head or to a position in
 1420  the Senior Management Service and if any additional costs are
 1421  absorbed 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 for under this paragraph as
 1427  members of the Senior Management Service, if otherwise
 1428  qualified. However, the deputy general counsel of the Public
 1429  Employees Relations Commission shall be compensated in
 1430  accordance with as members of the 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 positions Director of Administration,
 1482  Director of Appeals, Director of Auditing and Financial
 1483  Analysis, Director of Communications, Director of Consumer
 1484  Affairs, Director of Electric and Gas, Director of Information
 1485  Processing, Director of Legal Services, Director of Records and
 1486  Reporting, Director of Research, and Director of Water and Sewer
 1487  shall be set by the department in 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 salary
 1493  limitations 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  for such military 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
 1503  have salary and benefits the same as civil career service
 1504  employees.
 1505         (q)The staff directors, assistant staff directors,
 1506  district program managers, district program coordinators,
 1507  district subdistrict administrators, district administrative
 1508  services directors, district attorneys, and the Deputy Director
 1509  of Central Operations Services of the Department of Children and
 1510  Family Services. Unless otherwise fixed by law, the Department
 1511  shall establish the pay band and benefits for these positions in
 1512  accordance 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 that which are 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 of established for the 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
 1541  establish the salary and benefits for these positions in
 1542  accordance with the rules of established for the 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 salary salaries and benefits of
 1547  these positions.
 1548         (v)Positions that are leased pursuant to a state employee
 1549  lease agreement expressly authorized by the Legislature pursuant
 1550  to s. 110.191.
 1551         (w)Managerial employees, as defined in s. 447.203(4),
 1552  confidential employees, as defined in s. 447.203(5), and
 1553  supervisory employees who spend the majority of their time
 1554  communicating with, motivating, training, and evaluating
 1555  employees, and planning and directing employees’ work, and who
 1556  have the authority to hire, transfer, suspend, lay off, recall,
 1557  promote, discharge, assign, reward, or discipline subordinate
 1558  employees or effectively recommend such action, including all
 1559  employees serving as supervisors, administrators, and directors.
 1560  Excluded are employees also designated as special risk or
 1561  special risk administrative support and attorneys who serve as
 1562  administrative law judges pursuant to s. 120.65 or for hearings
 1563  conducted pursuant to s. 120.57(1)(a). Additionally, registered
 1564  nurses licensed under chapter 464, dentists licensed under
 1565  chapter 466, psychologists licensed under chapter 490 or chapter
 1566  491, nutritionists or dietitians licensed under part X of
 1567  chapter 468, pharmacists licensed under chapter 465,
 1568  psychological specialists licensed under chapter 491, physical
 1569  therapists licensed under chapter 486, and speech therapists
 1570  licensed under part I of chapter 468 are excluded, unless
 1571  otherwise 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.
 1609  Employees of the Department of Law Enforcement shall be subject
 1610  to the provisions of s. 110.227, except in matters relating to
 1611  transfer.
 1612         (4)DEFINITION OF DEPARTMENT.—When used in this section,
 1613  the term “department” shall mean all departments and commissions
 1614  of the executive branch, whether created by the State
 1615  Constitution or chapter 20; the office of the Governor; and the
 1616  Public Service Commission; however, the term “department” shall
 1617  mean the Department of Management Services when used in the
 1618  context 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 Civil career Service 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 set establish the 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,
 1630  DEPARTMENT OF FINANCIAL SERVICES.—In addition to those positions
 1631  exempted from this part, there is hereby exempted from the
 1632  Career Service System the chief inspector of the boiler
 1633  inspection program of the Department of Financial Services. The
 1634  pay band of this position shall be established by the Department
 1635  of Management Services in accordance with the classification and
 1636  pay plan established for the Selected Exempt Service.
 1637         (7)CARRYING LEAVE FORWARD.—If an employee is transferred
 1638  or otherwise moves from the Career Service System into the
 1639  Selected Exempt Service, all of the employee’s unused annual
 1640  leave, unused sick leave, and unused compensatory leave shall
 1641  carry 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
 1772  in a manner that assures open competition based upon current and
 1773  projected employing agency 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  that to attract minorities, women, or other groups that are
 1777  underrepresented in the workforce of a state the employing
 1778  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) Recruiting shall seek efficiency in advertising and may
 1783  be assisted by a contracted vendor responsible for maintenance
 1784  of the personnel data.
 1785         (4) The department may adopt rules necessary to administer
 1786  this section. All recruitment literature involving state
 1787  position vacancies shall contain the phrase “An Equal
 1788  Opportunity 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 the most qualified
 1793  candidates is shall be the sole responsibility of the employing
 1794  state agency. All new employees must successfully complete at
 1795  least a 1-year probationary period before attainment of
 1796  permanent status.
 1797         (2) Selection shall reflect efficiency and simplicity in
 1798  hiring procedures. The agency head or a his or her designee
 1799  shall be required to document the qualifications of the selected
 1800  candidate to ensure that the candidate meets the position
 1801  minimum requirements as specified by the employing agency;,
 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 is shall be required
 1806  before prior to selecting 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’ preference in employment, reemployment,
 1812  promotion, 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 if as long as the 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 under the
 1821  provisions of s. 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 merit permanent employment status in his or
 1825  her position and will be subject to the employment rules of the
 1826  department of Management Services and the agency employing the
 1827  veteran veteran’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 civil state career service jobs.
 1840         (2) As used in this section, the term:
 1841         (a)“Agency” includes each department and agency of the
 1842  state.
 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 Civil State
 1854  Career Service System who has a disability that impairs sensory,
 1855  speaking, or manual skills may require an agency to administer
 1856  an any examination 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 status Appointments and
 1866  promotion.—
 1867         (1)(a) The department, in consultation with agencies that
 1868  must 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 state employing agencies. Such rules must be approved
 1872  by the Administration Commission before their adoption by the
 1873  department.
 1874         (b)Employing agencies may seek exceptions to these uniform
 1875  rules by filing a petition with the Administration Commission.
 1876  The Administration Commission shall approve an exception when
 1877  the exception is necessary to conform to any requirement imposed
 1878  as a condition precedent to receipt of federal funds or to
 1879  permit persons in this state to receive tax benefits under
 1880  federal law, or as required for the most efficient operation of
 1881  the agency as determined by the Administration Commission. The
 1882  reasons for the exception must be published in the Florida
 1883  Administrative Weekly.
 1884         (c)Agency rules that provide exceptions to the uniform
 1885  rules may not be filed with the Department of State unless the
 1886  Administration Commission has approved the exceptions. Each
 1887  agency that adopts rules that provide exceptions to the uniform
 1888  rules or that must comply with statutory requirements that
 1889  conflict with the uniform rules must have a separate chapter
 1890  published in the Florida Administrative Code that delineates
 1891  clearly the provisions of the agency’s rules which provide
 1892  exceptions or are based upon a conflicting statutory
 1893  requirement. Each alternative chosen from those authorized by
 1894  the uniform rules must be specified. Each chapter must be
 1895  organized 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 for
 1914  the establishment and maintenance of rules and guidelines for
 1915  determining eligibility of applicants for appointment to
 1916  positions in the career service.
 1917         (3)Eligibility shall be based on possession of required
 1918  minimum qualifications for the job class and any required entry
 1919  level knowledge, skills, and abilities, and any certification
 1920  and licensure required for a particular position.
 1921         (4)The employing agency shall be responsible for
 1922  developing an employee career advancement program which shall
 1923  assure consideration of qualified permanent employees in the
 1924  agency or career service who apply. However, such program shall
 1925  also include provisions to bring persons into the career service
 1926  through open competition. Promotion appointments shall be
 1927  subject to postaudit by the department.
 1928         (5)The department shall adopt any rules necessary to
 1929  implement the provisions of this section. The rules must be
 1930  approved by a majority vote of the Administration Commission
 1931  prior 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-time state employee shall be
 1936  8 hours or as otherwise authorized justified by 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 System writing and
 1941  shall be approved by the agency head. Those employees who, at
 1942  the discretion of the agency, are An employee who is granted a
 1943  leave of absence remain employees of the agency with or without
 1944  pay shall be an employee of the state while on such leave and
 1945  shall be returned to the same or comparable position or a
 1946  different position in the same class and same work location upon
 1947  termination of the approved leave of absence in accordance with
 1948  the rules of the State Personnel System. The agency head and the
 1949  employee may agree in writing to other conditions and terms
 1950  under which the leave is to be granted.
 1951         (4)Each agency shall keep an accurate record of all hours
 1952  of work performed by each employee, as well as a complete and
 1953  accurate record of all authorized leave which is approved. The
 1954  ultimate responsibility for the accuracy and proper maintenance
 1955  of all attendance and leave records shall be with the agency
 1956  head.
 1957         (4)(5)Rules shall be adopted by The department shall adopt
 1958  rules to administer in cooperation and consultation with the
 1959  agencies to implement the provisions of this section; however,
 1960  such rules must be approved by the Administration Commission
 1961  prior 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 rules adopted by the
 1966  department.
 1967         (b) Creditable service in which 1 month of Service credit
 1968  as it relates to the accrual and payment of leave is awarded for
 1969  each calendar month that the employee is on the payroll of a
 1970  state agency or during which the employee is on authorized leave
 1971  without pay.
 1972         (c) Holidays as provided in s. 112.929 110.117.
 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 Management
 1985  Service employees shall not exceed those provided to employees
 1986  in the Selected Exempt Service.
 1987         (5)(7)Subject to available funds, each December, a civil
 1988  permanent career service 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 entitled shall be
 1991  entitled, subject to available funds, to a payout of up to 24
 1992  hours of unused annual leave if the as follows:
 1993         (a)A permanent career service employee has must have an
 1994  annual leave balance of at least no less than 24 hours, after
 1995  the payout, in order to qualify for this benefit.
 1996         (6)(b)A civil No permanent career service employee may not
 1997  shall receive a payout of greater than 240 hours over the course
 1998  of the employee’s career within with the Civil Service state,
 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 the
 2005  term
 2006         (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 term
 2013         (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 may shall not:
 2016         (a) Terminate the employment of a civil service any
 2017  employee in the career service because 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 civil career service employee
 2021  parental or family medical leave without pay for a period not to
 2022  exceed 6 months. Such leave commences shall commence on a date
 2023  that is determined 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 civil career service employee the use of and
 2027  payment for annual leave credits for parental or family medical
 2028  leave. Such leave commences shall commence on 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 civil career service 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 civil career service 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 or to an equivalent position that has with equivalent pay
 2040  and with seniority, retirement, fringe benefits, and other
 2041  service credits accumulated before prior to the leave period. If
 2042  any portion of the parental or family medical leave is paid
 2043  leave, the employee is shall be entitled 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         110.224 Public Employee performance evaluation system.—An A
 2050  public employee 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 law 110.1245(2).
 2057         (1) Upon original appointment, promotion, demotion, or
 2058  reassignment, a job description of the assigned position
 2059  assigned must be made available to the civil career service
 2060  employee. The job description may be made available in an
 2061  electronic format.
 2062         (2) Each employee shall must have a performance evaluation
 2063  conducted at least annually which involves both, and the
 2064  employee must receive an oral and written assessment of his or
 2065  her performance evaluation. 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 section the public employee performance evaluation system
 2072  which establish procedures for performance evaluation, review
 2073  periods, 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) An Any employee 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  includes shall include, but is not limited to, poor performance,
 2082  negligence, inefficiency or inability to perform assigned
 2083  duties, insubordination, violation of the provisions of law 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 procedures manual.
 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 Civil career
 2091  Service.
 2092         (a) Except with regard to law enforcement or correctional
 2093  officers, firefighters, or professional health care providers,
 2094  rules regarding layoff procedures may shall not include any
 2095  provision system whereby a civil career service 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 has of less seniority, and taking
 2099  that position, commonly referred to as “bumping.”
 2100         (b) For the implementation of layoffs as defined in s.
 2101  110.1054 110.107, 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 rules
 2106  shall be approved by the Administration Commission before their
 2107  adoption by the department.
 2108         (3)(a) With regard to law enforcement or correctional
 2109  officers, firefighters, or professional health care providers:,
 2110  when
 2111         (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 department of 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 work affected.
 2118         (b) With regard to law enforcement or correctional
 2119  officers, firefighters, or professional health care providers,
 2120  Layoff procedures shall be developed to establish the relative
 2121  merit and fitness of employees and must shall include 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 civil career
 2127  service employees who have satisfactorily completed at least a
 2128  1-year probationary period in their current positions. A
 2129  grievance is defined as the dissatisfaction that occurs 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 duties operation. 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
 2135  career service grievance process. The following procedures shall
 2136  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 must may submit 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 must may submit
 2148  the written grievance to the agency head or his or her designee
 2149  within 7 business days following receipt of the supervisor’s
 2150  written response. The agency head’s head or his or her designee
 2151  may must meet 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 is shall be the final and binding authority for
 2157  all grievances filed pursuant to this subsection. Such
 2158  grievances may not be appealed beyond Step Two.
 2159         (5)(a) A civil career service 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 before prior to the date such action is to be
 2166  taken.
 2167         (a) Subsequent to such notice, and before prior to the date
 2168  the action is to be taken, the affected employee shall be given
 2169  an opportunity to appear before a designated agency official to
 2170  rebut the agency or official taking the action to answer orally
 2171  and in writing the charges against him or her orally or in
 2172  writing. The notice to the employee required by this paragraph
 2173  may be delivered to the employee personally or may be sent by
 2174  certified mail with return receipt requested. Such actions are
 2175  shall be appealable to the Public Employees Relations Commission
 2176  as provided in subsection (6). Written notice of any such 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 civil career service employee who has satisfactorily
 2183  completed at least a 1-year probationary period in his or her
 2184  current position may would result in damage to state property,
 2185  may would be detrimental to the best interest of the state, or
 2186  may would result in harm injury to 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, provided
 2189  that written or oral notice of such action, including evidence
 2190  of the reasons therefor, and an opportunity to rebut the charges
 2191  are furnished to the employee before prior to such 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 procedure
 2195  requiring notice, evidence, and an opportunity for rebuttal must
 2196  be substantiated. Any employee who is suspended or dismissed
 2197  pursuant to the provisions of this 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,
 2202  demotion, 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 procedures shall apply 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. An No
 2210  extension of time for the hearing may not exceed 30 calendar
 2211  days, absent exceptional circumstances, and no extension of time
 2212  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 must shall
 2215  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 an any individual 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 must shall be filed within 15 days after the
 2237  recommended order is issued. The final order shall be filed by
 2238  the commission within no later than 45 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) are shall be reviewable 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 probationary
 2253  period in a position to which he or she has been promoted may be
 2254  removed from that promotional position at any time during the
 2255  probationary period but must be returned to his or her former
 2256  position, or a comparable position, if such a position is
 2257  vacant. If such a position is not available, before dismissal,
 2258  the agency shall make a reasonable effort to retain the employee
 2259  in another vacant position. This subsection does not apply to
 2260  terminations for cause as described in subsection (1), nor does
 2261  it create a right to “bump” an employee from an occupied
 2262  position 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         110.302 110.601 Declaration of policy.—This part creates a
 2271  system of personnel administration for management the purpose of
 2272  delivering which is to deliver high-quality performance by
 2273  selected exempt service those employees in the State Personnel
 2274  System select exempt classifications by facilitating the state’s
 2275  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 these its selected exempt service
 2281  employees, and, to this end, technical training and management
 2282  development programs are regarded as a major administrative
 2283  function 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         110.3021 110.602 Selected Exempt Service; creation,
 2288  coverage.—
 2289         (1) The Selected Exempt Service is created as a separate
 2290  system of personnel administration for select exempt positions
 2291  in the State Personnel System which. Such positions shall
 2292  include, and shall be limited to, those positions which are
 2293  exempt from the Civil Career Service System pursuant 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 all
 2297  positions included in the Selected Exempt Service as either
 2298  managerial/policymaking, professional, or
 2299  nonmanagerial/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         110.3022 110.605 Powers and duties; personnel rules,
 2309  records, 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 shall Adopt 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 may shall develop uniform forms and
 2349  instructions to be used for personnel in reporting transactions
 2350  which involve changes in an employee’s salary, status,
 2351  performance, leave, fingerprint record, loyalty oath, payroll
 2352  change, or appointment action or any additional transactions as
 2353  the department deems may deem appropriate.
 2354         (b)The department shall develop a uniform performance
 2355  appraisal system for employees and positions in the Selected
 2356  Exempt Service covered by a collective bargaining agreement.
 2357  Each employing agency shall develop a performance appraisal
 2358  system for all other employees and positions in the Selected
 2359  Exempt System. Such agency system shall take into consideration
 2360  individual and organizational efficiency, productivity, and
 2361  effectiveness.
 2362         (c)The employing agency must maintain, on a current basis,
 2363  all records and reports required by applicable rules. The
 2364  department shall periodically audit employing agency records to
 2365  determine compliance with the provisions of this part and the
 2366  rules of the department.
 2367         (d)The department shall develop a program of affirmative
 2368  and positive actions that will ensure full utilization of women
 2369  and minorities in Selected Exempt Service positions.
 2370         (2)Each employing agency shall operate within the uniform
 2371  personnel rules adopted by the department pursuant to the
 2372  provisions of this part. Each employing agency may adopt rules
 2373  as necessary to implement the provisions of this part, but such
 2374  rules shall not prescribe any personnel policies inconsistent
 2375  with the provisions of this part or the rules of the department.
 2376         (3)The rules adopted by the department and each employing
 2377  agency under this part shall comply with all federal regulations
 2378  necessary to permit the state agencies to be eligible to receive
 2379  federal funds.
 2380         (4)The department shall adopt by rule procedures for
 2381  Selected Exempt Service employees that require disclosure to the
 2382  agency head of any application for or offer of employment, gift,
 2383  contractual relationship, or financial interest with any
 2384  individual, partnership, association, corporation, utility, or
 2385  other organization, whether public or private, doing business
 2386  with or subject to regulation by the agency.
 2387         (5)The secretary may periodically hire a consultant with
 2388  expertise in personnel management to advise him or her with
 2389  respect to the administration of the Selected Exempt Service.
 2390         Section 40. Section 110.3023, Florida Statutes, is created
 2391  to read:
 2392         110.3023Recruitment.—
 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 a uniform
 2422  system of personnel administration for attracting, retaining,
 2423  and developing highly competent, executive-level senior-level
 2424  managers within the State Personnel System at the highest
 2425  executive-management-level agency positions in order for the
 2426  highly complex programs and agencies of state government to
 2427  function effectively, efficiently, and productively. The
 2428  Legislature recognizes that executive-level senior-level
 2429  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.
 2432  Accordingly, training and management-development programs are
 2433  regarded 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 perform executive branch the duties and
 2440  responsibilities that of which are primarily and essentially
 2441  policymaking or managerial in nature.
 2442         (2)Such positions are The Senior Management Service shall
 2443  be limited to those positions that which are exempt from the
 2444  Civil Career Service under System by s. 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, the
 2459  Department of Management Services, after approval by the
 2460  Administration Commission, shall adopt and amend rules providing
 2461  for:
 2462         (1)(a)Establish a system for employing, advancing, and
 2463  deploying senior management service employees which promoting,
 2464  or reassigning managers that is responsive to organizational or
 2465  program needs. In no event shall The 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
 2468  career Service. The department may not approve the establishment
 2469  of shall deny approval to establish any position within the
 2470  Senior Management Service which exceeds would exceed the
 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 it such event
 2475  occurs. Employees in the Senior Management Service shall serve
 2476  at the pleasure of the agency head and shall be subject to
 2477  suspension, dismissal, reduction in pay, demotion, transfer, or
 2478  other personnel action at the discretion of the agency head.
 2479  Such personnel actions are exempt from the provisions of chapter
 2480  120.
 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 into
 2490  consideration individual and organizational efficiency,
 2491  productivity, and effectiveness.
 2492         (3)(c)Establish a classification system plan and a salary
 2493  and benefit plan for senior management service employees which
 2494  that provides 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 for
 2507  positions within the Senior Management Service and the
 2508  qualifications 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 with
 2528  respect to Senior Management Service positions. Such records
 2529  shall be audited periodically by the Department of Management
 2530  Services to determine agency compliance with the provisions of
 2531  this part and the rules of the Department of Management
 2532  Services.
 2533         (g)Other procedures relating to personnel administration
 2534  to carry out the purposes of this part.
 2535         (h)A program of affirmative and positive action that will
 2536  ensure full utilization of women and minorities in Senior
 2537  Management Service positions.
 2538         (2)The powers, duties, and functions of the department of
 2539  Management Services shall include responsibility for the policy
 2540  administration of the Senior Management Service.
 2541         (3)The department shall have the following additional
 2542  responsibilities:
 2543         (a)To establish and administer a professional development
 2544  program that shall provide for the systematic development of
 2545  managerial, executive, or administrative skills. Such a program
 2546  shall include the following topics:
 2547         1.Improving the performance of individual employees. This
 2548  topic provides skills in understanding and motivating individual
 2549  performance, providing effective and timely evaluations of
 2550  employees, and making recommendations on performance incentives
 2551  and disincentives.
 2552         2.Improving the performance of groups of employees. This
 2553  topic provides skills in creating and maintaining productive
 2554  workgroups and making recommendations on performance incentives
 2555  and disincentives.
 2556         3.Relating the efforts of employees to the goals of the
 2557  organization. This topic provides skills in linking the work of
 2558  individual employees to the goals of the agency program,
 2559  service, or activity.
 2560         4.Strategic planning. This topic provides the skills for
 2561  defining agency business processes, measuring performance of
 2562  such processes, and reengineering such processes for improved
 2563  efficiency and effectiveness.
 2564         5.Team leadership. This topic provides skills in effective
 2565  group processes for organizational motivation and productivity
 2566  based on proven business and military applications that
 2567  emphasize respect for and courtesy to the public.
 2568         (b)To promote public understanding of the purposes,
 2569  policies, and programs of the Senior Management Service.
 2570         (c)To approve contracts of employing agencies with persons
 2571  engaged in the business of conducting multistate executive
 2572  searches to identify qualified and available applicants for
 2573  Senior Management Service positions for which the department
 2574  sets salaries in accordance with the classification and pay
 2575  plan. Such contracts may be entered by the agency head only
 2576  after completion of an unsuccessful in-house search. The
 2577  department shall establish, by rule, the minimum qualifications
 2578  for persons desiring to conduct executive searches, including a
 2579  requirement for the use of contingency contracts. These rules
 2580  shall ensure that such persons possess the requisite capacities
 2581  to perform effectively at competitive industry prices. These
 2582  rules shall also comply with state and federal laws and
 2583  regulations governing equal opportunity employment.
 2584         (4)All policies and procedures adopted by the department
 2585  regarding the Senior Management Service shall comply with all
 2586  federal regulations necessary to permit the state agencies to be
 2587  eligible to receive federal funds.
 2588         (5)The department shall adopt, by rule, procedures for
 2589  Senior Management Service employees that require disclosure to
 2590  the agency head of any application for or offer of employment,
 2591  gift, contractual relationship, or financial interest with any
 2592  individual, partnership, association, corporation, utility, or
 2593  other organization, whether public or private, doing business
 2594  with or subject to regulation by the agency.
 2595         Section 45. Section 110.4035, Florida Statutes, is created
 2596  to read:
 2597         110.4035Recruitment.—
 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         112.906Definitions.—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         112.907 110.131 Other-personal-services temporary
 2639  employment.—
 2640         (1)As used in this section, the term “agency” means any
 2641  official, officer, commission, board, authority, council,
 2642  committee, or department of the executive branch of state
 2643  government and means any officer, court, commission, or other
 2644  unit of the judicial branch of state government supported in
 2645  whole or in part by appropriations made by the Legislature.
 2646         (1)(2) An agency may employ any qualified individual in
 2647  other-personal-services temporary employment for 1,040 hours
 2648  within 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  process An extension beyond a total of 1,040 hours within an
 2660  agency for any individual requires a recommendation by the
 2661  agency head and approval by the Executive Office of the
 2662  Governor. Approval of extensions shall be made in accordance
 2663  with criteria established by the department. Each agency shall
 2664  maintain employee information as specified by the department
 2665  regarding each extension of other-personal-services temporary
 2666  employment. The time limitation established by this subsection
 2667  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 other
 2690  personal-services temporary employment in an employer-employee
 2691  relationship shall be used for short-term tasks. Such rules
 2692  shall specify the employment categories, terms, conditions, rate
 2693  of pay, and frequency of other-personal-services temporary
 2694  employment and the duration for which such employment may last;
 2695  specify criteria for approving extensions beyond the time
 2696  limitation provided in subsection (2); and prescribe
 2697  recordkeeping and reporting requirements for other-personal
 2698  services employment.
 2699         (4)The department shall prepare written material
 2700  explaining the terms and conditions of other-personal-services
 2701  employment and shall provide master copies to each agency. Each
 2702  agency shall provide each of its applicants for such employment
 2703  with a copy thereof at the time of application and shall discuss
 2704  the information contained thereon with each applicant at the
 2705  time of interview or employment commencement, whichever occurs
 2706  sooner.
 2707         (5)The department shall maintain information relating to
 2708  other-personal-services employment for each agency. Such
 2709  information shall include:
 2710         (a)The total amount of compensation for other-personal
 2711  services personnel, by employment category, for the preceding
 2712  fiscal year.
 2713         (b)The name, social security number, employment category,
 2714  employment commencement date, and number of hours worked for
 2715  each individual whose initial other-personal-services temporary
 2716  employment began before the start of the preceding fiscal year
 2717  and who was still employed as an other-personal-services
 2718  temporary employee at the end of the preceding fiscal year.
 2719         (6)(a)The provisions of subsections (2), (3), and (4) do
 2720  not apply to any employee for whom the Board of Governors of the
 2721  State University System, or the board’s designee, or the Board
 2722  of Trustees of the Florida School for the Deaf and the Blind is
 2723  the employer as defined in s. 447.203(2); except that, for
 2724  purposes of subsection (5), the Board of Trustees of the Florida
 2725  School for the Deaf and the Blind shall comply with the
 2726  recordkeeping and reporting requirements adopted by the
 2727  department pursuant to subsection (3) with respect to those
 2728  other-personal-services employees exempted by this subsection.
 2729         (b)The provisions of subsections (2), (3), and (4) do not
 2730  apply to any employee of the Division of Blind Services Library
 2731  for the Blind and Physically Handicapped for whom the Division
 2732  of Blind Services is the employer as defined in s. 447.203(2);
 2733  except that, for purposes of subsection (5), the Division of
 2734  Blind Services shall comply with the recordkeeping and reporting
 2735  requirements adopted by the department pursuant to subsection
 2736  (3) with respect to those other-personal-services employees
 2737  exempted by this subsection.
 2738         (c)Notwithstanding the provisions of this section, the
 2739  agency head or his or her designee may extend the other
 2740  personal-services employment of a health care practitioner
 2741  licensed pursuant to chapter 458, chapter 459, chapter 460,
 2742  chapter 461, chapter 463, part I of chapter 464, chapter 466,
 2743  chapter 468, chapter 483, chapter 486, or chapter 490 beyond
 2744  2,080 hours and may employ such practitioner on an hourly or
 2745  other basis.
 2746         (7)The Department of Management Services shall annually
 2747  assess agencies for the regulation of other personal services on
 2748  a pro rata share basis not to exceed an amount as provided in
 2749  the 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         112.908110.1315 Alternative retirement benefits; other
 2754  personal-services employees.—
 2755         (1) Upon review and recommendation of the department and
 2756  approval of the Executive Office of the Governor, the Department
 2757  of Financial Services shall provide department may contract for
 2758  the implementation of an 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
 2762  may provide for a 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 Services department may 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         112.910Equal 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         112.911Nondiscrimination 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         112.912 110.1221 Sexual harassment policy; executive agency
 2831  rules.—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 employment The
 2834  department shall adopt uniform sexual harassment rules
 2835  applicable to all executive agencies. Such the rules 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         112.913 110.122 Terminal payment for accumulated sick
 2842  leave.—
 2843         (1) All state branches, departments, and agencies that are
 2844  authorized which have the authority to establish or approve
 2845  personnel policies for employees and to employ personnel and
 2846  establish the conditions of their employment shall establish
 2847  policies that to provide terminal incentive pay for
 2848  accumulated and unused sick leave to each employee upon normal
 2849  or regular retirement for reason other than disability or upon
 2850  termination of employment, or to the employee’s beneficiary if
 2851  service is terminated by death if, provided such 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 employment The employing entity
 2856  shall establish and publish rules governing the accumulation and
 2857  use of sick leave. The employing entity shall and maintain
 2858  accurate and reliable records showing the amount of sick leave
 2859  that which has 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 adopted by the
 2866  department pursuant to the provisions of this section. The rules
 2867  and policies must provide adopted pursuant to this section shall
 2868  permit terminal pay for sick leave equal to one-fourth one
 2869  eighth of all unused sick leave credit accumulated prior to
 2870  October 1, 1973, plus one-fourth of all unused sick leave
 2871  accumulated on or after October 1, 1973. However, terminal pay
 2872  allowable for unused sick leave may accumulated on or after
 2873  October 1, 1973, shall not exceed a maximum of 480 hours of
 2874  actual payment. Employees shall be required to use all sick
 2875  leave accumulated prior to October 1, 1973, before using sick
 2876  leave accumulated on or after October 1, 1973.
 2877         (4) The payments made pursuant to this section are shall
 2878  not salary payments be considered in any state-administered
 2879  retirement system as salary payments and may shall not 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 an any employee:
 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 before prior to retirement or 10
 2888  years of 10-year normal creditable state employment termination;
 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 of 10-year normal creditable
 2894  state employment termination or 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 under
 2900  this section.
 2901         (6) An employee whose employment terminates as a result of
 2902  an act committed subject to this subsection may shall not be
 2903  given credit for unused sick leave accumulated before prior to
 2904  termination if should the employee is be reemployed 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         112.914 110.121 Sick leave pool.—Each entity that
 2910  department or agency of the state which has authority to adopt
 2911  rules governing the accumulation and use of sick leave for
 2912  employees, and that which maintains accurate and reliable
 2913  records showing the amount of sick leave which has been
 2914  accumulated and is unused by employees, may, in accordance with
 2915  guidelines which shall be established by the Department of
 2916  Management Services, adopt rules establishing for the
 2917  establishment of a plan that allows allowing participating
 2918  employees to pool and use sick leave and allowing any sick leave
 2919  thus pooled to be used by any participating employee who has
 2920  used all of the sick leave that has been personally accrued by
 2921  him or her. Although not limited to the following, Such rules
 2922  must shall provide, but need not be limited to:
 2923         (1) Minimum eligibility criteria That employees shall be
 2924  eligible for participation in the sick leave pool after 1 year
 2925  of employment with the state or agency of the state; provided
 2926  that such employee has accrued a minimum amount of unused sick
 2927  leave, which minimum shall be established by rule.
 2928         (2) That participation in the sick leave pool is shall, at
 2929  all times, be voluntary 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 which leave is used by
 2934  a participating employee is shall be used only for the
 2935  employee’s personal illness, accident, or injury.
 2936         (5) That a participating employee may shall not be eligible
 2937  to use sick leave accumulated in the pool until all of his or
 2938  her personally accrued sick, annual, and compensatory leave, and
 2939  personal day, have has been used.
 2940         (6) The A maximum number of hours days of 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 is shall not be required 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 may shall not be eligible to withdraw the
 2947  hours days of sick leave contributed by that employee to the
 2948  pool.
 2949         (9) That an employee who moves transfers from a one
 2950  position in one agency state government to a another position in
 2951  another agency state government may transfer from one pool to
 2952  another if the eligibility criteria of the pools are comparable
 2953  or the administrators of the pools have agreed on the a formula
 2954  for transfer 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 must shall repay all of the sick leave credits drawn
 2958  from the sick leave pool and is shall be subject 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         112.915110.119 Administrative leave for military-service
 2966  connected reexamination or treatment with respect to service
 2967  connected disability.—
 2968         (1)An Any employee of the state who 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, such In no event shall the
 2975  paid leave may not under this section exceed 48 hours per 6
 2976  calendar days a year.
 2977         (2)The department may adopt any rule necessary to carry
 2978  out 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         112.916110.120 Administrative leave for disaster service
 2983  volunteers.—
 2984         (1) SHORT TITLE.—This section shall be known and may 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 to not more
 2997  than 15 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
 3001  employee’s employing agency. An employee granted leave under
 3002  this section may shall not be deemed to be an employee of the
 3003  state for purposes of workers’ compensation. Leave under this
 3004  section act may 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         112.917110.1091 Employee assistance programs; public
 3013  records exemption.—
 3014         (1) A An employing state agency may provide a counseling,
 3015  therapeutic, or other professional treatment program to assist a
 3016  any state 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. The Each
 3019  employing state agency may designate community diagnostic and
 3020  referral resources as necessary to implement the provisions of
 3021  this subsection.
 3022         (2) A state employee’s personal identifying information
 3023  contained in records held by a an employing state agency
 3024  relating to an employee’s participation in an employee
 3025  assistance program is confidential and exempt from the
 3026  provisions of s. 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 establish The Department of
 3034  Management Services shall approve, administer, and coordinate
 3035  child care services for state officers’ and employees’ children
 3036  or dependents. Duties shall include, but not be limited to,
 3037  reviewing and approving requests from state agencies for child
 3038  care services; providing technical assistance on child care
 3039  program startup and operation; and assisting other agencies in
 3040  conducting needs assessments, designing centers, and selecting
 3041  service 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 those officers and employees 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
 3060  Department 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 the child care services. Requests for
 3066  proposals may provide for a sliding fee schedule based on, with
 3067  fees charged on the basis of the employee’s household income.
 3068         (4) The provider of proposed child care services shall be
 3069  selected by competitive contract. Requests for proposals shall
 3070  be developed with the assistance of, and subject to the approval
 3071  of, the Department of Management Services. Management of the
 3072  contract with the service provider is shall be the
 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. Neither The
 3079  operator of and nor any personnel employed by or at a child care
 3080  facility may not shall be deemed to be employees of the state.
 3081  However, the sponsoring state agency may be responsible for the
 3082  operation of the child care center if when:
 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  
 3089  and plans for direct operation are approved by the Department of
 3090  Management 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 using utilizing available state
 3094  facilities with not-for-profit corporations or other public
 3095  employers to provide child care services to both public
 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 any
 3102  rules 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         112.920 110.1225 Furloughs.—If When a deficit is projected
 3109  by the Revenue Estimating Conference pursuant to s. 216.136(3),
 3110  in any state agency fund that supports salary and benefit
 3111  appropriations, the agency Administration Commission may, 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  Commission Legislature, 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         112.922 110.191 State employee leasing.—
 3132         (1) If In situations where the Legislature has expressly
 3133  authorized a the state, an agency, or the judicial branch as
 3134  defined in s. 110.107 to lease employees, the Executive Office
 3135  of the Governor for the executive branch or the Chief Justice
 3136  for the judicial branch may authorize any of the following
 3137  actions related to such state employee leasing activities if,
 3138  provided that the 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 of Create a separate budget entity from which
 3142  leased employees are shall be paid and the transfer of the
 3143  positions authorized to be leased to that budget entity.
 3144         (b) Provide Increases in the operating budget entity.
 3145         (c) Authorized Lump-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) Approve Increases in salary rate for positions that
 3150  which are 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 of Waive any requirement for automatic
 3154  salary increases that which may be contained in the General
 3155  Appropriations Act.
 3156         (2) Positions that which are in the Senior Management
 3157  Service System or the Selected Exempt Service System on the day
 3158  before the state employee lease agreement takes effect shall
 3159  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 service system or selected exempt service
 3163  system positions that which are not determined comparable by the
 3164  department, and positions that which are in other pay plans on
 3165  the day before the lease agreement takes effect, shall have 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         112.923 110.1082 Telephone voice mail systems and telephone
 3172  menu options systems.—
 3173         (1) A No state employee may not use shall utilize a 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 telephone device is in use, and/or;
 3178         (b) The Such voice mail system alerts the caller to, and
 3179  provides the caller with access to, a nonelectronic attendant;
 3180  or
 3181         (c) The Such voice 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 will alert
 3185  the caller to, and provide the caller with access to, a
 3186  nonelectronic attendant.
 3187         (3) Agency heads shall will ensure compliance with the
 3188  provisions of this 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         112.924 110.1165 Executive 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 the when that employee is
 3198  damaged as a result of being provided with erroneous written
 3199  information by the employing agency regarding his or her pay or
 3200  benefits, and the employee detrimentally relies upon such
 3201  written information. In order to qualify for the relief provided
 3202  by this section, the employee’s reliance on the representation
 3203  must have been reasonable and based only upon 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 that which
 3208  will trigger relief under this section.
 3209         (2) An agency of the executive branch, including the State
 3210  University System, may is authorized to take appropriate such
 3211  action as may be appropriate to provide a remedy for an employee
 3212  concerning his or her claim regarding detrimental reliance on
 3213  erroneous written information provided by the employing agency
 3214  relating to pay and benefits if, provided such remedy is within
 3215  the purview of the agency’s authority. The agency may not has no
 3216  authority whatsoever to modify 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
 3220  either a 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         112.925 110.113 Pay periods for state officers and
 3227  employees; salary payments by direct deposit.—
 3228         (1) The normal pay period for salaries of state officers
 3229  and employees shall be 1 month. The Department of Financial
 3230  Services shall issue either monthly or biweekly salary payments
 3231  to state officers and employees by state warrants or by direct
 3232  deposit pursuant to s. 17.076 or make semimonthly salary
 3233  payments by direct deposit pursuant to s. 17.076, as requested
 3234  by each state employment system and the head of each state
 3235  agency and approved by the Executive Office of the Governor and
 3236  the Department of Financial Services.
 3237         (2) As a condition of employment, a person appointed to a
 3238  position in state employee must government is required to
 3239  participate in the direct deposit program pursuant to s. 17.076.
 3240  An employee may request an exemption from the provisions of this
 3241  subsection if the when such employee can demonstrate a hardship
 3242  or if the when such employee 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         112.927Human 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         112.928 110.1127 Employee background screening and
 3267  investigations security 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 state employing agency shall designate those
 3275  employee positions 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 standards of those
 3280  positions, require that persons occupying those positions be
 3281  subject 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 person may be disqualified for employment in
 3288  any such position by reason of:
 3289         1. The conviction or prior conviction of a crime that which
 3290  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 that which is 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 to
 3298  undergo security background investigations, including
 3299  fingerprinting, as a condition of employment and continued
 3300  employment.
 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, and
 3307  require employment screening pursuant to chapter 435, using the
 3308  level 2 standards set forth in that chapter.
 3309         1.(b) The employing agency 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 or
 3313  responsibility shall be required to undergo security background
 3314  investigations as a condition of employment and continued
 3315  employment. For the purposes of this subsection, security
 3316  background investigations shall be conducted as provided in
 3317  chapter 435, using the level 2 standards for screening set forth
 3318  in 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. Use records information contained in records for
 3328  purposes other than background screening or investigation for
 3329  employment, or release such records information to other persons
 3330  for purposes other than preemployment screening or investigation
 3331  for 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 intentionally to use 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)Such Background screening and investigations shall
 3344  be conducted at the expense of the employing agency. If When
 3345  fingerprinting is required, the fingerprints of the employee or
 3346  applicant for employment shall be taken by the employing agency
 3347  or by an authorized law enforcement officer, and submitted to
 3348  the Department of Law Enforcement for processing, and, if
 3349  forwarding, when requested by the employing agency, forwarded to
 3350  the United States Department of Justice for processing. The
 3351  employing agency shall reimburse the Department of Law
 3352  Enforcement for any costs incurred for by it in the processing
 3353  of the 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         112.929 110.117 Paid holidays and personal day.—
 3358         (1) The following holidays are shall be paid 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, if when appropriate, 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 day holiday
 3379  each year. Each part-time employee is entitled to a personal day
 3380  holiday each year, which shall be calculated based on the full
 3381  time equivalency of the position proportionately to the personal
 3382  holiday allowed to a full-time employee. The Such personal day
 3383  holiday shall be credited to eligible employees on July 1 of
 3384  each year and must to be taken by prior to June 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         112.930Telework 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         112.931Savings 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         112.933Penalties.—
 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         112.940 110.1227 Florida 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 affect act in no way affects the
 3559  authority of the Department of Management Servicesauthority
 3560  pursuant to s. 112.942 110.123.
 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         112.941 110.1228 Participation 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. 112.942 110.123 and the prescription drug
 3571  coverage program authorized by s. 112.946 110.12315 by
 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         112.942 110.123 State 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 Civil career Service 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
 3592  adopted by the department, in lieu of participating in the state
 3593  group health insurance plan, to exercise an option to elect
 3594  membership in a health maintenance organization (HMO) plan which
 3595  is under contract with the state in accordance with criteria
 3596  established by this section and adopted by said rules. The offer
 3597  of optional membership in an HMO a health maintenance
 3598  organization plan permitted by this paragraph may be limited or
 3599  conditioned by rule as may be necessary to meet the requirements
 3600  of state and federal laws.
 3601         2. The department shall contract with HMOs health
 3602  maintenance organizations seeking 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 HM0 health maintenance organization coverage 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 HMO health maintenance organization participating 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 HMO health maintenance
 3639  organization plans and negotiation of appropriate rates for
 3640  these plans. Upon receipt of proposals by HMO health maintenance
 3641  organization plans and the evaluation of those proposals, the
 3642  department may enter into negotiations with all of the plans or
 3643  a subset of the plans, as the department determines appropriate.
 3644  Nothing shall preclude The department may negotiate from
 3645  negotiating regional or statewide contracts with HMO health
 3646  maintenance organization plans if when this is cost-effective
 3647  and when the 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 toward towards a 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 may is authorized to negotiate and to
 3661  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 establish any such regional
 3666  plan upon completion of an actuarial study to determine any
 3667  impact on plan benefits and premiums.
 3668         4. In addition to contracting pursuant to subparagraph 2.,
 3669  the department may enter into contract with any HMO to
 3670  participate in the state group insurance program which:
 3671         a. Serves greater than 5,000 recipients on a prepaid basis
 3672  under the Medicaid program;
 3673         b. Does not currently meet the 25-percent non-Medicare/non
 3674  Medicaid enrollment composition requirement established by the
 3675  Department of Health excluding participants enrolled in the
 3676  state group insurance program;
 3677         c. Meets the minimum benefit package and copayments and
 3678  deductibles contained in sub-subparagraphs 2.a. and b.;
 3679         d. Is willing to participate in the state group insurance
 3680  program at a cost of premiums that is not greater than 95
 3681  percent of the cost of HMO premiums accepted by the department
 3682  in each service area; and
 3683         e. Meets the minimum surplus requirements of s. 641.225.
 3684  
 3685  The department is authorized to contract with HMOs that meet the
 3686  requirements of sub-subparagraphs a.-d. prior to the open
 3687  enrollment period for state employees. The department is not
 3688  required to renew the contract with the HMOs as set forth in
 3689  this paragraph more than twice. Thereafter, the HMOs shall be
 3690  eligible to participate in the state group insurance program
 3691  only through the request for proposal or invitation to negotiate
 3692  process described in subparagraph 2.
 3693         4.5. All enrollees in a state group health insurance plan,
 3694  a TRICARE supplemental insurance plan, or an HMO any health
 3695  maintenance organization plan have the option of changing to
 3696  another any other health plan that is offered by the state
 3697  within an any open enrollment period designated by the
 3698  department. Open enrollment shall be held at least once each
 3699  calendar year.
 3700         5.6.If When a contract between a treating provider and the
 3701  state-contracted HMO health maintenance organization is
 3702  terminated for any reason other than for cause, each party must
 3703  shall allow an any enrollee 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 period offered, whichever is later longer, but
 3709  no later longer than 6 months after termination of the contract.
 3710  Each party to the terminated contract must shall allow 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 provider shall continue 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 and in such manner as the
 3724  department requires shall 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, and the department shall
 3741  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 included by the
 3751  department in 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 must shall provide state employees with the most cost
 3756  effective and comprehensive coverage available; however, no
 3757  state or agency funds may not be contributed shall be
 3758  contributed toward 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 program made after July 1, 2001, a
 3762  comprehensive indemnity dental plan option that which offers
 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 must shall include a comprehensive
 3766  indemnity dental plan option that which provides enrollees with
 3767  a completely unrestricted choice of dentists.
 3768         b. Pursuant to the applicable provisions of s. 112.951
 3769  110.161, 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 not Nothing herein contained
 3775  shall be construed to prohibit 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 Civil career Service.
 3790         Section 79. Section 110.12301, Florida Statutes is
 3791  transferred, renumbered as section 112.943, Florida Statutes,
 3792  and amended to read:
 3793         112.943 110.12301 Competitive 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
 3798  110.123. 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         112.945 110.12312 Open 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 112.946 110.123 and 110.12315. 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         112.947 110.1232 Health 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. 112.942 110.123. The claims experience
 3856  of this group shall be commingled with the claims experience of
 3857  other members covered under s. 112.942 110.123.
 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         112.951 110.161 State 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
 3876  110.123 to 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         112.952Penalties.—
 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         112.961 110.501 Definitions.—As used in this part, the term
 3900  act:
 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 any state department or agency, 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 in
 3914  specific voluntary service activities on an ongoing or
 3915  continuous basis.
 3916         (3) “Occasional-service volunteer” means any person who
 3917  offers 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  state departments or agencies, 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         112.962 110.502 Scope of act; status of volunteers.—
 3930         (1) Every state department or state agency may, with the
 3931  approval of the agency head, through the head of the department
 3932  or agency, secretary of the department, or executive director of
 3933  the department, is authorized to recruit, train, and accept,
 3934  without regard to the requirements of the Civil State Career
 3935  Service System as set forth in part II of this chapter, the
 3936  services of volunteers, including regular-service volunteers,
 3937  occasional-service volunteers, or material donors, to assist in
 3938  programs administered by the department or agency.
 3939         (2) Volunteers recruited, trained, or accepted by a any
 3940  state department or agency are shall not be subject to any
 3941  provisions of law relating to state employment, a to any
 3942  collective bargaining agreement between the state and an any
 3943  employees’ association or union, or to any laws relating to
 3944  hours of work, rates of compensation, leave time, and employee
 3945  benefits, except those consistent with s. 112.964 110.504.
 3946  However, all volunteers shall comply with applicable department
 3947  or agency rules. Volunteers may be required by the agency to
 3948  submit to security background screenings.
 3949         (3) Every state department or agency using utilizing the
 3950  services of volunteers is hereby authorized to provide such
 3951  incidental reimbursement or benefit consistent with s. 112.964
 3952  the provisions of s. 110.504, including transportation costs,
 3953  lodging, and subsistence, identification and safety apparel,
 3954  recognition, and other accommodations as the department or
 3955  agency deems necessary to assist, recognize, reward, or
 3956  encourage volunteers in performing their functions. An No
 3957  department or agency may not shall expend or authorize an
 3958  expenditure greater than therefor in excess of the amount
 3959  provided for to the department or agency by appropriation in any
 3960  fiscal year.
 3961         (4) Persons working with state agencies pursuant to this
 3962  part are shall be considered as unpaid independent volunteers
 3963  and are shall not be entitled 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         112.963 110.503 Responsibilities of state departments and
 3968  agencies.—Each state department or agency using utilizing the
 3969  services of volunteers shall take such actions as are:
 3970         (1) Take such actions as are Necessary 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 by
 3976  the Department of Management Services governing the recruitment,
 3977  screening, training, responsibility, use, and supervision of
 3978  volunteers.
 3979         (3) Take such actions as are Necessary 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 to
 3987  ensure a receptive climate for citizen volunteers.
 3988         (5) Provide for the recognition of volunteers who have
 3989  offered continuous and outstanding service to state-administered
 3990  programs. Each department or agency using the services of
 3991  volunteers is authorized to incur expenditures not to exceed
 3992  $100 each plus applicable taxes for suitable framed
 3993  certificates, plaques, or other tokens of recognition to honor,
 3994  reward, or encourage volunteers for their service.
 3995         (6) Recognize prior volunteer service as partial
 3996  fulfillment of state employment requirements for training and
 3997  experience pursuant to rules adopted by the Department of
 3998  Management 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         112.964 110.504 Volunteer benefits.—
 4003         (1) Meals may be furnished without charge to regular
 4004  service volunteers serving state agencies if departments,
 4005  provided the scheduled assignment extends over an established
 4006  meal period, and to occasional-service volunteers at the
 4007  discretion of the department head. An agency may not No
 4008  department shall expend or authorize any expenditure greater
 4009  than in excess of the amount provided for by appropriation in
 4010  any fiscal year.
 4011         (2) Lodging, if available, may be furnished temporarily, in
 4012  case of an agency a department emergency, at no charge to
 4013  regular-service volunteers.
 4014         (3) Transportation reimbursement may be furnished to those
 4015  volunteers whose presence is determined to be necessary to the
 4016  agency department. Volunteers may use utilize state vehicles in
 4017  the performance of agency-related department-related duties. An
 4018  agency may not No department shall expend or authorize an
 4019  expenditure greater than in excess of the amount appropriated in
 4020  any fiscal year.
 4021         (4) Volunteers are shall be covered by state liability
 4022  protection in accordance with the definition of a volunteer and
 4023  the provisions of s. 768.28.
 4024         (5) Volunteers are shall be covered 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 agencies departments to award, recognize, or encourage
 4029  volunteers for their service. The awards may not cost more than
 4030  in excess of $150 $100 each 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), are shall be covered by s.
 4034  768.1355, the Florida Volunteer Protection Act.
 4035         Section 94. Section 112.965, Florida Statutes, is created
 4036  to read:
 4037         112.965Penalties.—
 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) On Effective July 1, 1986, and each July 1 of each year
 4058  thereafter, 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 civil state career
 4061  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 civil state career service 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 paragraph herein.
 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 civil career service,
 4080  probationary, other personal service, selected exempt service,
 4081  and senior management service employees, are not covered by this
 4082  definition. This definition also does not cover
 4083         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 definition
 4086  does not apply to
 4087         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. 112.942 the provisions of s.
 4095  110.123, 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  which and such payments are shall be in addition to the
 4100  employees’ the regular salaries of such full-time out-of-state
 4101  employees.
 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) The Any secretary appointed after July 5, 1989, and the
 4109  assistant secretaries are shall be exempt from part IV the
 4110  provisions of part III of 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) Notwithstanding the provisions of s. 110.205, the
 4115  Department of Management Services may is authorized to exempt
 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
 4119  which are 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 that which may provide any or all of the benefits
 4161  provided in the Senior Management Service or Selected Exempt
 4162  Service. Each officer or employee of the department is shall be
 4163  a member of the Florida Retirement System. The retirement class
 4164  of each officer or employee is shall be the 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 are shall be subject 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 from the provisions of chapter 120. All employees of the
 4171  department are exempt from the Civil Career Service System
 4172  provided in chapter 110 and, notwithstanding the provisions of
 4173  s. 110.205(3) 110.205(5), are not included in either the 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 civil career service 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  applies shall 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 112.907 110.131, 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 civil or career service system that which grants
 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 of or
 4221  within the commission are exempt from the Civil Career Service
 4222  System provided in chapter 110 and, 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 Civil Career
 4229  Service System.
 4230         (d) The commission may offer benefits greater than in
 4231  excess of those offered under the Civil Career Service System
 4232  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 15 15th of 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
 4239  benefits offered under the Civil Career Service System. 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 with the provisions of subsection (1) or s. 110.1075
 4253  110.233.
 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 is be subject to part IV III of 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 are shall be subject to part III V of 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  state who is within the Civil Career Service System established
 4278  by chapter 110 and who 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 employee who is
 4282  within the Civil Career Service System established by chapter
 4283  110, 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 action in any court of competent jurisdiction for
 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.—An Any employer who provides insurance
 4292  coverage under s. 112.942 110.123 or s. 112.0801 shall notify
 4293  those employees who retire of their eligibility to participate
 4294  in either the same group insurance plan or self-insurance plan
 4295  as provided in ss. 112.942 110.123 and 112.0801, or the
 4296  insurance coverage as provided 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  110.3021 110.602 or 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. A No member of the Legislature, appointed state officer,
 4350  or statewide elected officer may not shall personally 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  for a period of 2 years following vacation of office. A No
 4354  member of the Legislature may not shall personally 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 civil Career service System
 4360  position that was transferred to the Selected Exempt Service
 4361  System under 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 for a period
 4364  of 2 years following vacation of position, unless employed by
 4365  another agency of state government.
 4366         5. Any person violating this paragraph is shall be subject
 4367  to the penalties provided in s. 112.317 and a civil penalty of
 4368  an amount equal to the compensation that which the 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  before prior to July 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 Civil Career Service System, 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 employs by which the
 4422  legislative assistant is 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 payments provided under 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
 4437  110.1232, or any other special pension or relief act are shall
 4438  not be eligible 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. 112.922 110.191, 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 the an
 4457  employer covered under this chapter. An absence of 1 calendar
 4458  month or more from an employer’s payroll is shall be considered
 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 a such state-administered retirement system is
 4469  shall be deemed not to have not experienced 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. 110.1054 110.107 or 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 that which
 4478  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 constitutes will constitute a break
 4483  in service. Continuous service also includes past service
 4484  purchased under this chapter if, provided such service is
 4485  continuous within this definition and 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, is shall be deemed an employee with continuous
 4494  service in the Special Risk Class if, provided return 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. Such The transfer,
 4511  merger, or consolidation of governmental services or assumption
 4512  of governmental functions and activities must 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. 112.922 110.191, any
 4521  other leasing agreement, or a coemployer relationship may not
 4522  are not eligible to participate 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 the Florida Retirement system 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  is shall be limited to and compulsory for any member of the
 4542  Florida Retirement System who holds a position in the Senior
 4543  Management Service of the State of Florida, established under by
 4544  part IV III of 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
 4554  provided by this section shall be limited 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 Civil career Service under the
 4560  provisions of s. 110.205(2)(d).
 4561         2. Positions classified as administrative and professional
 4562  which are exempt from the Civil career Service under the
 4563  provisions of s. 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  civil state career service 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
 4572  state career service 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 before prior to the
 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 the prior to enactment 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 is shall be the 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 the such
 4598  adjusted salary rate. The special qualification salary is shall
 4599  be $2,000, but shall not 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 are personnel affairs of the state shall
 4605  be defined as set forth in s. 110.1054 110.107.
 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 to s. 110.1245 or
 4613  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) A Any private 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
 4622  shall be considered a volunteer, as defined in s. 112.961
 4623  110.501, and is shall be covered 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  notwithstanding the provisions of s. 112.324. Any violation of
 4636  this part or a rule is adopted hereunder shall be presumed to
 4637  have been committed with wrongful intent, but such presumption
 4638  is rebuttable. Nothing in This section is not intended to deny
 4639  rights provided to civil career service 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 Civil state
 4645  Career Service System under s. 110.205.(2); However, all
 4646  positions under the University Support Personnel System of the
 4647  State University System as well as all civil Career service
 4648  System positions 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) If When an employee of the state or any of its
 4657  political subdivisions employed in a position subject or not
 4658  subject to a civil career service system or other merit-type
 4659  system, with the exception of those positions that which are
 4660  exempt pursuant to s. 295.07(4), has served in the Armed Forces
 4661  of the United States and is discharged or separated therefrom
 4662  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 before prior to such service in the
 4665  armed forces, or to an equivalent position, if provided such
 4666  person returns to the position within 1 year after of his or her
 4667  date of separation or, in cases of extended active duty, within
 4668  1 year after of the 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. If When an
 4672  examination for promotion is used utilized, 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, provided he 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 III V of 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 III V of 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  are shall be exempt from the provisions of part II of chapter
 4720  110 relating to the Civil Career Service System.
 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  Civil Career Service System.
 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 law to the
 4734  contrary 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 in such provisions as ss. 112.928
 4743  110.1127(3), 393.0655(1), 394.457(6), 397.451, 402.305(2), and
 4744  409.175(6), are shall not be required 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 civil career service employee
 4758  each, to be designated and appointed to serve as a full-time
 4759  health and rehabilitative services management fellow for a
 4760  period of 1 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  civil career service 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  Such employment programs must shall include 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  civil career service 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 law to the
 4826  contrary 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 with the provisions of this section and the
 4833  standards for good moral character as contained in such
 4834  provisions as ss. 112.928 110.1127(3), 393.0655(1), 394.457(6),
 4835  397.451, 402.305(2), and 409.175(6), are shall not be required
 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  are hereby transferred to the Civil Career Service System.
 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-off career service
 4848  employees.—Should civil career service 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 must shall require 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 as may be necessary to
 4868  perform adequately the functions of the commission within
 4869  budgetary limitations. Employees of the commission are exempt
 4870  from the Civil Career Service System.
 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. 112.928 110.1127; 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 distinctiveness properly to 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 civil Career
 4899  service System employees or selected exempt Professional service
 4900  employees, the Governor is shall be deemed to be the public
 4901  employer; and the Board of Governors of the State University
 4902  System, or the board’s designee, is shall be deemed to be the
 4903  public employer with respect to all public employees of each
 4904  constituent state university. The board of trustees of a
 4905  community college is shall be deemed to be the public employer
 4906  with respect to all employees of the community college. The
 4907  district school board is shall be deemed to be the 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 is shall be deemed to be the 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 is shall
 4913  be deemed to be the 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
 4922  State Career Service System in 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)Section 110.124, relating to termination or transfer of
 4928  State 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 does shall not 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 civil or career
 4947  service rule regulation.
 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, if when the 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
 4962  shall not have the power to add 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 procedure then in existence may be the
 4966  subject of collective bargaining, and any agreement that which
 4967  is reached supersedes shall supersede the 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 may shall not be required to
 4972  process grievances for employees who are not members of the
 4973  organization. A civil career service employee may use shall have
 4974  the option of utilizing the 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
 4977  is precluded from availing himself or herself of to more 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 by the provisions
 4994  of s. 768.28(16) or who is a volunteer as defined in s. 112.961
 4995  under 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 total cumulative amount of 18 hours
 5001  per day on Monday through Friday, and 24 hours per day on
 5002  Saturday and Sunday, and on those holidays specified in s.
 5003  112.929 110.117(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 civil career service
 5010  employees to be used for the purchase of official state samples
 5011  for state examination. Each monthly advance shall be in an
 5012  amount equal 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 to a period not to exceed 60 days.
 5018  Advances shall be granted only to civil career service 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 rules or
 5034  regulations as 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 that no benefits will be payable to employees not
 5041  authorized for other state employees are not payable to its
 5042  employees, as provided in the Civil Career Service System.
 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 must shall be members of the Society of Actuaries
 5052  or the Casualty Actuarial Society and are shall be exempt from
 5053  the Civil Career Service System established under chapter 110.
 5054  The salaries of the actuaries employed pursuant to this
 5055  paragraph shall be set in accordance with s. 216.251(2)(a)5. and
 5056  shall be set at levels which are commensurate with those salary
 5057  levels paid 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 that which offers or provides benefits that
 5064  which are fully insured by an authorized insurer, to an
 5065  arrangement that which is 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. 112.942 pursuant 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  those the preferred provider organizations and health
 5076  maintenance organizations that which have contracted with the
 5077  state group health insurance program pursuant to s. 112.942
 5078  110.123. 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  Before Prior to and 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., and Due consideration
 5103  shall be given to an any administrator who has acted as a third
 5104  party administrator for the state group health insurance program
 5105  pursuant to s. 112.942 110.123.
 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. 110.123 except 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 must shall pay 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 may under
 5120  this paragraph shall not be altered by the board, and an no
 5121  actuarially equivalent benefit may not be substituted by the
 5122  board.
 5123         (3) COVERED EXPENSES.—The coverage to be issued by the
 5124  association must shall be patterned after the state group health
 5125  insurance program as provided in s. 112.942 defined in s.
 5126  110.123, 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 that which have 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 applies shall only apply to
 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 do shall not 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  112.942 110.123.
 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  112.942 110.123. The term does not include a any health
 5150  insurance plan offered in the individual market which, any
 5151  health insurance plan that is individually underwritten, or any
 5152  health insurance plan provided 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) A Any cardroom 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 total cumulative amount of 18 hours per
 5161  day on Monday through Friday, and 24 hours per day on Saturday
 5162  and Sunday, and on the holidays specified in s. 112.929
 5163  110.117(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, unless except when
 5234  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. 112.928 110.1127(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 if when the 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. 112.928 110.1127(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. 112.918 the
 5363  requirements 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. 112.942 in s.
 5371  110.123 and the prescription drug coverage program authorized
 5372  under s. 112.946 by s. 110.12315 by 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. 112.928 110.1127, 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. 112.942 110.123, 112.947
 5400  110.1232, 112.948 110.1234, 112.949 110.1238, and 112.951
 5401  110.161, 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. 112.942 110.123, 112.947 110.1232, 112.948
 5409  110.1234, 112.949 110.1238, and 112.951 110.161 and 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 112 110.
 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. 112.942 110.123, 112.947 110.1232, 112.948
 5423  110.1234, 112.949 110.1238, and 112.951 110.161 and 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 112 110.
 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 that which specifies 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 Civil State
 5499  Career Service under chapter 110 System and 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  implementing the provisions of ss. 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, notwithstanding the provisions of s.
 5518  112.913 110.122. Educational personnel in Department of Children
 5519  and Family Services residential care facilities who are employed
 5520  by a district school board under the provisions of s.
 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 Civil career Service. 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 Civil state Career Service under
 5541  chapter 110 System and 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
 5550  programs 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.