Senate Bill 1162

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



    Florida Senate - 1998                                  SB 1162

    By Senators Kirkpatrick, Sullivan and Forman





    5-1239-98                                               See HB

  1                      A bill to be entitled

  2         An act relating to computers; creating s.

  3         14.025, F.S., relating to the Governor;

  4         recognizing the potential computer problems

  5         that may occur in state agencies due to the

  6         date change necessitated by the year 2000;

  7         authorizing the Governor to reassign resources

  8         in the event of a likely computer failure;

  9         authorizing the Administration Commission to

10         reassign resources if an agency headed by the

11         Governor and Cabinet or a Cabinet officer is

12         likely to experience a computer failure;

13         requiring the reassignment of resources to

14         conform with the law governing budget

15         amendments; requiring the reassignment of

16         personnel to conform with the law governing

17         employee interchanges; requiring legislative

18         approval if a reassignment of resources is

19         necessary for more than 90 days; authorizing

20         legislative veto of the reassignment of state

21         resources; providing for repeal of the powers

22         granted to the Governor; amending ss. 112.24

23         and 112.27, F.S., relating to employee

24         interchange programs; clarifying that state

25         agencies may exchange employees; creating s.

26         282.4045, F.S.; providing legislative findings

27         relating to the adequacy of the state's actions

28         to prevent year 2000 computer failures;

29         protecting the state and units of local

30         government against legal actions that result

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    Florida Senate - 1998                                  SB 1162
    5-1239-98                                               See HB




  1         from a year 2000 computer date calculation

  2         failure; providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Section 14.025, Florida Statutes, is

  7  created to read:

  8         14.025  Executive powers for year 2000 computer

  9  remediation.--

10         (1)  In the event the Governor believes that a computer

11  system may fail related to the impending date change

12  necessitated by the year 2000, or in the event of a computer

13  system failure related to the date change necessitated by the

14  year 2000, the Governor may reassign resources, including

15  personnel, from one or more agencies or departments to the

16  agency with the projected or actual computer system failure.

17  If this agency is under the control of the Governor, and the

18  agencies affected by the reassignment of resources also are

19  under the control of the Governor, the actions and decisions

20  of the Governor with respect to the reassignment of resources

21  are final. If the transfer is from an agency under the control

22  of the Governor to an agency under the control of the Governor

23  and Cabinet or the transfer is from an agency under the

24  control of the Governor and Cabinet to an agency under the

25  control of the Governor, the recommendation by the Governor

26  shall be forwarded to the Administration Commission for

27  approval.

28         (2)  If a year 2000 computer system failure occurs, or

29  is predicted to occur, in an agency under the control of the

30  Governor and Cabinet, and the Governor recommends the

31  reassignment of resources, including personnel, from an agency

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    Florida Senate - 1998                                  SB 1162
    5-1239-98                                               See HB




  1  under the control of the Governor and Cabinet, such

  2  recommendation by the Governor shall be forwarded to the

  3  Administration Commission for approval.

  4         (3)  If a year 2000 computer system failure occurs, or

  5  is predicted to occur, in an agency under the control of a

  6  Cabinet officer, and the Governor recommends the reassignment

  7  of resources, including personnel, from an agency under the

  8  control of a Cabinet officer, such recommendation by the

  9  Governor shall be forwarded to the Administration Commission

10  for approval.

11         (4)  Notwithstanding ss. 216.292 and 216.351, or any

12  other law to the contrary, moneys reassigned related to a

13  predicted or actual year 2000 computer system failure must be

14  transferred as specified by s. 216.177. The Governor shall

15  follow the process in part II of chapter 112 in transferring

16  personnel among affected agencies. The transfer of personnel

17  or moneys for more than 90 days must have the concurrence of

18  the President of the Senate, the Speaker of the House of

19  Representatives, and a majority of the members of each of the

20  House and Senate fiscal committees.

21         (5)  The Legislature may, by concurrent resolution,

22  terminate the reassignment of state resources made pursuant to

23  this section.

24         (6)  This section is repealed July 1, 2003. 

25         Section 2.  Section 112.24, Florida Statutes, is

26  amended to read:

27         112.24  Intergovernmental transfer and interchange of

28  public employees.--To encourage economical and effective

29  utilization of public employees in this state, the temporary

30  assignment of employees among agencies of government, both

31  state and local, and including school districts and public

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    Florida Senate - 1998                                  SB 1162
    5-1239-98                                               See HB




  1  institutions of higher education is authorized under terms and

  2  conditions set forth in this section.  State agencies,

  3  municipalities, and political subdivisions are authorized to

  4  enter into employee interchange agreements with other state

  5  agencies, the Federal Government, with another state, a with

  6  another municipality, or a political subdivision including a

  7  school district, or with a public institution of higher

  8  education.  State agencies are also authorized to enter into

  9  employee interchange agreements with private institutions of

10  higher education and other nonprofit organizations under the

11  terms and conditions provided in this section.  In addition,

12  the Governor or the Governor and Cabinet may enter into

13  employee interchange agreements with a state agency, the

14  Federal Government, with another state, with a municipality,

15  or a political subdivision including a school district, or

16  with a public institution of higher learning to fill, subject

17  to the requirements of chapter 20, appointive offices which

18  are within the executive branch of government and which are

19  filled by appointment by the Governor or the Governor and

20  Cabinet.  Under no circumstances shall employee interchange

21  agreements be utilized for the purpose of assigning

22  individuals to participate in political campaigns. Duties and

23  responsibilities of interchange employees shall be limited to

24  the mission and goals of the agencies of government.

25         (1)  Details of an employee interchange program shall

26  be the subject of an agreement, which may be extended or

27  modified, between a sending party and a receiving party.

28  State agencies shall report such agreements and any extensions

29  or modifications thereto to the Department of Management

30  Services.

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    Florida Senate - 1998                                  SB 1162
    5-1239-98                                               See HB




  1         (2)  The period of an individual's assignment or detail

  2  under an employee interchange program shall not exceed 2

  3  years. Upon agreement of the sending party and the receiving

  4  party and under the same or modified terms, an assignment or

  5  detail of 2 years may be extended by 3 months. However,

  6  agreements relating to faculty members of the State University

  7  System may be extended biennially upon approval by the

  8  Department of Management Services. If the appointing agency is

  9  the Governor or the Governor and Cabinet, the period of an

10  individual's assignment or detail under an employee

11  interchange program shall not exceed 2 years plus an extension

12  of 3 months or the number of years left in the term of office

13  of the Governor, whichever is less.

14         (3)  Salary, leave, travel and transportation, and

15  reimbursements for an employee of a sending party that is

16  participating in an interchange program shall be handled as

17  follows:

18         (a)  An employee of a sending party who is

19  participating in an interchange agreement may be considered as

20  on detail to regular work assignments of the sending party or

21  in a leave status from the sending party except that the

22  receiving agency shall pay the salary and benefits of such

23  employee during the time, in excess of 1 week, that the

24  employee is working for the receiving agency. However, an

25  employee of a sending party who is participating in an

26  interchange agreement pursuant to s. 10, chapter 91-429, Laws

27  of Florida, shall be considered as on detail to regular work

28  assignments of the sending party, and the sending party shall

29  reimburse the receiving agency for the salary and benefits and

30  expenses of such employee and any other direct costs of

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    Florida Senate - 1998                                  SB 1162
    5-1239-98                                               See HB




  1  conducting the inspections during the time the employee is

  2  working for the receiving agency.

  3         1.  If on detail, an employee shall receive the same

  4  salary and benefits as if he or she were not on detail and

  5  shall remain the employee of the sending party for all

  6  purposes except that supervision during the period of detail

  7  may be governed by the interchange agreement.

  8         2.  If on leave, an employee shall have the same

  9  rights, benefits, and obligations as other employees in a

10  leave status subject to exceptions provided in rules for state

11  employees issued by the department or the rules or other

12  decisions of the governing body of the municipality or

13  political subdivision.

14         (b)  The assignment of an employee of a state agency

15  either on detail or on leave of absence may be made without

16  reimbursement by the receiving party for the travel and

17  transportation expenses to or from the place of the assignment

18  or for the pay and benefits, or a part thereof, of the

19  employee during the assignment.

20         (c)  If the rate of pay for an employee of an agency of

21  the state on temporary assignment or on leave of absence is

22  less than the rate of pay he or she would have received had

23  the employee continued in his or her regular position, such

24  employee is entitled to receive supplemental pay from the

25  sending party in an amount equal to such difference.

26         (d)  Any employee who participates in an exchange under

27  the terms of this section who suffers disability or death as a

28  result of personal injury arising out of and in the course of

29  an exchange, or sustained in performance of duties in

30  connection therewith, shall be treated, for the purposes of

31  the sending party's employee compensation program, as an

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    Florida Senate - 1998                                  SB 1162
    5-1239-98                                               See HB




  1  employee who sustained injury in the performance of duty, but

  2  shall not receive benefits under such program for any period

  3  for which the employee is entitled to, and elects to receive,

  4  similar benefits under the receiving party's employee

  5  compensation program.

  6         (e)  A sending party in this state may, in accordance

  7  with the travel regulations of such party, pay the travel

  8  expenses of an employee who is assigned to a receiving party

  9  on either detail or leave basis, but shall not pay the travel

10  expenses of such an employee incurred in connection with work

11  assignments at the receiving party.  If the assignment or

12  detail will exceed 8 months, travel expenses may include

13  expenses to transport immediate family, household goods, and

14  personal effects to and from the location of the receiving

15  party.  If the period of assignment is 3 months or less, the

16  sending party may pay a per diem allowance to the employee on

17  assignment or detail.

18         (4)(a)  When any agency, municipality, or political

19  subdivision of this state acts as a receiving party, an

20  employee of the sending party who is assigned under authority

21  of this section may be given appointments by the receiving

22  party covering the periods of such assignments, with

23  compensation to be paid from the receiving party's funds, or

24  without compensation, or be considered to be on detail to the

25  receiving party.

26         (b)  Appointments of persons so assigned may be made

27  without regard to the laws or regulations governing the

28  selection of employees of the receiving party.

29         (c)  During the period of an assignment, the employee

30  who is detailed to the receiving party shall not by virtue of

31  such detail be considered an employee of the receiving party,

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    Florida Senate - 1998                                  SB 1162
    5-1239-98                                               See HB




  1  except as provided in paragraph (d), nor shall the employee be

  2  paid a wage or salary by the receiving party.  The supervision

  3  of an employee during the period of the detail may be governed

  4  by agreement between the sending party and the receiving

  5  party.  A detail of an employee to a state agency may be made

  6  with or without reimbursement to the sending party by the

  7  receiving party for the pay and benefits, or a part thereof,

  8  of the employee during the period of the detail.

  9         (d)  If the sending party of an employee assigned to an

10  agency, municipality, or political subdivision of this state

11  fails to continue making the employer's contribution to the

12  retirement, life insurance, and health benefit plans for that

13  employee, the receiving party of this state may make the

14  employer's contribution covering the period of the assignment

15  or any part thereof.

16         (e)  Any employee of a sending party assigned in this

17  state who suffers disability or death as a result of personal

18  injury arising out of and in the course of such assignment, or

19  sustained in the performance of duties in connection

20  therewith, shall be treated for the purpose of the receiving

21  party's employee compensation program, as an employee who has

22  sustained injury in the performance of duty, but shall not

23  receive benefits under such program for any period for which

24  he or she elects to receive similar benefits as an employee

25  under the sending party's employee compensation program.

26         (f)  A receiving party in this state may, in accordance

27  with the travel regulations of such party, pay travel expenses

28  of persons assigned thereto during the period of such

29  assignments on the same basis as if they were regular

30  employees of the receiving party.

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    Florida Senate - 1998                                  SB 1162
    5-1239-98                                               See HB




  1         (5)  An agency may enter into agreements with private

  2  institutions of higher education in this state as the sending

  3  or receiving party as specified in subsections (3) and (4).

  4         Section 3.  Subsection (1) of section 112.27, Florida

  5  Statutes, is amended to read:

  6         112.27  Authority to interchange employees.--

  7         (1)  Any department, agency, or instrumentality of the

  8  state is authorized to participate in a program of interchange

  9  of employees with departments, agencies, or instrumentalities

10  of the state, the federal government, or another state, as a

11  sending or receiving agency.

12         Section 4.  Section 282.4045, Florida Statutes, is

13  created to read:

14         282.4045  Immunity for state agencies and units of

15  local government for year 2000 computer date calculation

16  failures.--

17         (1)  The Legislature finds that the state and units of

18  local government have taken due care to prepare for the date

19  change that will accompany the year 2000.  Beginning early in

20  the 1990s, the state alerted its departments and agencies of

21  the potential computer problems that may accompany the year

22  2000 date change. In 1997, the state hired a consultant

23  experienced in planning for and addressing the changes

24  necessitated by the year 2000. The state also established an

25  office in the Governor's Office of Planning and Budgeting to

26  coordinate the efforts of the consultant, state agencies, and

27  local entities in identifying and finding solutions for

28  potential year 2000 computer system problems. It is estimated

29  that state agencies will spend between $75 and $90 million in

30  remediation costs to prevent computer failures and date

31  miscalculations. The efforts of the state are ongoing with

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    Florida Senate - 1998                                  SB 1162
    5-1239-98                                               See HB




  1  respect to year 2000 remediation. The state has acted with

  2  diligence in addressing the year 2000 issue and in providing

  3  remedies when problems are identified. All of these actions

  4  have been taken in an effort to ensure the continuity of state

  5  services to the citizens of Florida as the 20th century nears

  6  an end.

  7         (2)  There shall be no cause of action at law, nor

  8  administrative actions maintained, against the state, its

  9  agencies or instrumentalities, or any unit of local government

10  for actions or inactions that are attributable to a year 2000

11  computer date calculation failure, and there shall be no

12  waiver of sovereign immunity with respect to the same.

13         Section 5.  This act shall take effect upon becoming a

14  law.

15

16            *****************************************

17                       LEGISLATIVE SUMMARY

18
      Authorizes the Governor to transfer resources between
19    agencies in the event of a computer failure that may
      occur in state agencies due to the date change
20    necessitated by the year 2000. Authorizes the
      Administration Commission to reassign resources if an
21    agency headed by the Governor and Cabinet or a Cabinet
      officer is likely to experience a computer failure.
22    Provides procedures with respect to such transfers.
      Provides that there shall be no cause of action at law,
23    nor administrative actions maintained, against the state,
      its agencies or instrumentalities, or any unit of local
24    government for actions or inactions that are attributable
      to a year 2000 computer date calculation failure, and
25    there shall be no waiver of sovereign immunity with
      respect to the same. (See bill for details.)
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